(a) Shellfish may be sampled and examined by the department as often as necessary to determine that such shellfish have been harvested, received, processed, shucked, packed, repacked, stored or conveyed in a manner in compliance with the provisions of this Part. The department may, upon written notice to the permit holder or person in charge, place an embargo order on any shellfish that have been or where there is probable cause to believe were harvested, processed, shucked, packed, repacked, stored or conveyed in a manner not in compliance with the provisions of this Part. Under an embargo order, shellfish shall be stored in a manner determined by the department. No person shall remove or alter an embargo order, notice or tag placed on shellfish by the department, and neither such shellfish nor the containers thereof shall be moved, relabeled, retagged, packed, repacked, processed, reprocessed, altered, sold, disposed of or destroyed without permission of the department, except by order of a court of competent jurisdiction. After the permit holder or person in charge has had notice of a hearing and an opportunity to be heard, as provided for in section 42.6 of this Part, based on the evidence produced at such a hearing or on the basis of examination by the department, or in the event that the permit holder or person in charge defaults in appearing at such hearing, the department may vacate the embargo order, direct the permit holder or person in charge of the shellfish which were placed under the embargo order to denature or destroy such shellfish in a manner determined by the department or to bring such shellfish into compliance with the provisions of this Part in a manner to be determined by the department.

(b) Samples of water, shellfish and other materials shall be collected and examined in a manner endorsed and/or approved by the United States Department of Health and Human Services, Public Health Service, Food and Drug Administration. Laboratories engaged in the bacteriological examination of water, shellfish and other materials shall have received and shall maintain a satisfactory evaluation by the United States Department of Health and Human Services, Public Health Service, Food and Drug Administration in order for results of such examinations to be acceptable to the department.