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(a) The department will, applying its enforcement discretion, conduct inspections to determine compliance with this chapter during usual business hours.
(b) A processor shall allow a department employee or the department's agent to inspect all portions of the facility, seafood products, food ingredients, processing equipment, labels, plans and records relating to critical control points and sanitation, and all other records needed to determine compliance with this chapter.
(c) A person may not obstruct an inspector during an inspection.
(d) The processor may accompany the inspector during the inspection.
(e) The processor shall allow the taking of photographs.
(f) The inspector will leave a copy of the inspection report at the facility.
(g) The department will, applying its enforcement discretion, suspend or revoke a permit if access for purposes of inspection described in (b) of this section is denied.
(h) A processor who operates a mobile processing facility or a direct-market fishing vessel shall be available for at least one onsite inspection during each calendar year at the location designated in the processor's permit application, or another location agreed to by the department. An inspection at a location other than one listed in (i) of this section is subject to the applicable fee required by 18 AAC 34.900(e) . The processor shall give at least 48 hours notice to the department's office at a location listed in (i) of this section to allow for scheduling an inspection. The department will, in its discretion, based on its budget and the staffing needs of its other projects, notify any processor who has not received an annual inspection that an inspection will be required before the permit will be renewed.
(i) Designated locations or ports for onsite inspections under (h) of this section are Anchorage, Cordova, Dutch Harbor, Juneau, Kenai, Ketchikan, Kodiak, Naknek, and Sitka. The department will, in its discretion, based on its budget and the staffing needs of its other projects, approve other locations or ports for onsite inspections.
(j) The provisions of this section also apply to a compliance reinspection conducted under 18 AAC 34.940.
History: Eff. 12/18/97, Register 144; readopt 12/2/99, Register 152
Authority: AS 17.20.005
Editor's note: Effective 12/2/99, Register 152, the Department of Environmental Conservation readopted 18 AAC 34.930, to affirm the validity of that section following statutory amendments made in ch. 72, SLA 1998. The department also amended 18 AAC 34.930(h) . Chapter 72, SLA 1998 relocated department authority to adopt regulations in 18 AAC 34 from AS 03.05 to AS 17.20.
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Last modified 7/05/2006