Abstract. We perform an analysis of preliminary data on strange particles yields and fluctuations within the Statistical hadronization model. We begin by describing the theoretical disagreements between different statistical models currently on the market. We then show how the simultaneous analysis of yields and fluctuations can be used to differentiate between the different models, and determine if one of them can be connected to underlying physics. We perform a study on a RHIC 200 GeV data sample that includes stable particles, resonances, and the event-by-event fluctuation of the K/π ratio. We show that the equilibrium statistical model can not describe the fluctuation, unless an unrealistically small volume is assumed. Such small volume then makes it impossible to describe the total particle multiplicity. The non-equilibrium model,on the other hand, describes both the K/π fluctuation and yields acceptably due to the extra boost to the π fluctuation provided by the high pion chemical potential. Λ(1520) and K * abundance is described within error bars, but the Σ * is under-predicted to ∼ 1.5 standard deviations. We suggest further measurements that have the potential to test the non-equilibrium model, as well as gauge the effect of re-interactions between hadronization and freeze-out PACS numbers: 24.10.Pa