Section 18.34.125. Product testing.

	(a)  Except as provided in (g) of this section, the department may at its expense test nonstatistical, nonrepresentative samples of seafood products for compliance with 18 AAC 34.122, for the presence of other marine toxins, for the presence of heavy metals, or for the presence of other contaminants of public health significance. A processor may not charge the department more than the average wholesale market price for a sample.  
	(b)  The department will test live or shucked shellfish and snails for compliance with 18 AAC 34.122(9). Shellfish and snails must be held by the processor until notified by the department that the seafood meets the standards of 18 AAC 34.122(9).  
	(c)  The department will, if requested by the processor and in the department's discretion, conduct tests on seafood products, including seafood products to be exported, or new seafood products being developed, subject to the fee required by 18 AAC 34.905.  
	(d)  To show compliance with 18 AAC 34.122(3), a processor using a process that has not been approved by the department for a refrigerated or frozen ready-to-eat product shall submit samples of the product to a qualified laboratory as follows:  
		(1) three product samples from every production lot; each lot of product must be held by the processor until testing and approval by the department allows release; and  
		(2) after six consecutively acceptable lot samples under (1) of this subsection are obtained, one product sample from the first lot produced each month; the processor may release a lot of product after submitting a product sample from that lot.  
	(e)  Except as provided in (g) of this section, to show compliance with 18 AAC 34.122(6), a processor producing a shelf-stable seafood product, shall submit samples of the product to a qualified laboratory as follows:  
		(1) three product samples from every production lot; each lot of product must be held by the processor until testing and approval by the department allows release; and  
		(2) after six consecutively acceptable lot samples under (1) of this subsection are obtained, one product sample from the first lot produced each month; the processor may release a lot of product after submitting a product sample from that lot.  
	(f)  A processor who uses sodium nitrite, sodium nitrate, or potassium nitrate in a seafood product intended for the domestic market shall submit to a qualified laboratory or other commercial laboratory a sample for testing from the first lot produced in each calendar year. A seafood product containing sodium nitrite, sodium nitrate, or potassium nitrate must meet the applicable standards in 18 AAC 34.122 and the applicable requirements of 21 C.F.R. 172.160, 21 C.F.R. 172.170, or 21 C.F.R. 172.175, adopted by reference in 18 AAC 34.010. In addition, if the product is a smoked or smoke-flavored product, it must meet the requirements of 18 AAC 34.310(d). If a sample is submitted to a commercial laboratory that is not a qualified laboratory, the department will not accept the sample unless the commercial laboratory tests the sample  
		(1) using AOAC official method 935.48, when testing for sodium nitrate or potassium nitrate; and  
		(2) using AOAC official method 973.31, when testing for sodium nitrite.  
	(g)  Products that are thermally processed by a processor covered under the Salmon Control Plan are exempt from the requirements of (a) and (e) of this section.  The processor shall, upon request from the department, provide copies of the results of laboratory tests conducted under the Salmon Control Plan to show compliance with 18 AAC 34.122(6).  
	(h)  If the department takes a compliance action under 18 AAC 34.940, the processor shall, at the department's request, submit to the department samples of seafood product, food ingredient, or packaging material for further testing subject to the applicable fees required by 18 AAC 34.905. The sample size must be a representative sample of the seafood product, food ingredient, or packaging material as determined using the American National Standard Sampling Procedures and Tables for Inspection by Attributes (1993), adopted by reference in 18 AAC 34.010.  

Authorities

17.20.005;17.20.065;17.20.070;17.20.072;17.20.180;17.20.200;44.46.020;03.05;17.20

Notes

Reference

18 AAC 34.110
18 AAC 34.200
18 AAC 34.400
18 AAC 34.500
18 AAC 34.700
18 AAC 34.905
18 AAC 34.920
18 AAC 34.940
18 AAC 34.990

Authority

AS 17.20.005 AS 17.20.065 AS 17.20.070 AS 17.20.072 AS 17.20.180 AS 17.20.200 AS 44.46.020 Editor's note: Effective 12/2/99, Register 152, the Department of Environmental Conservation readopted 18 AAC 34.125, to affirm the validity of that section following statutory amendments made in ch. 72, SLA 1998. The department also amended 18 AAC 34.125(c), (d), and (f), and repealed and readopted 18 AAC 34.125(g). Chapter 72, SLA 1998 relocated department authority to adopt regulations in 18 AAC 34 from AS 03.05 to AS 17.20. Information about how to review or obtain a copy of a requirement referred to in 18 AAC 34.125 and adopted by reference in 18 AAC 34.010 is set out in the editor's note to 18 AAC 34.010. The AOAC official methods referred to in 18 AAC 34.125 may be found in the Official Methods of Analysis of AOAC International, available from AOAC International, Suite 500, 481 North Frederick Ave., Gaithersburg, Maryland 20877-2417. ________________________

History

Eff. 12/18/97, Register 144; am/readopt 12/2/99, Register 152; am 8/6/2006, Register 179

References

18.34.125;18.34;18.34.010