New York Codes, Rules and Regulations
Title 10 - DEPARTMENT OF HEALTH
Chapter I - State Sanitary Code
Part 14 - Food Service Establishments
Subpart 14-1 - Food Service Establishments
Food Supplies
Section 14-1.35 - Packaging of smoked fish and smoked fish products
No person shall package, distribute, sell, offer for sale or deliver smoked fish or smoked fish products packaged so that oxygen is excluded unless the product has been heat processed after packaging at a temperature and for a time sufficient to destroy all spores of Clostridium botulinum and is packaged in such a fashion that subsequent bacterial contamination is prevented. If not packaged so that oxygen is excluded or if not heat processed to destroy Clostridium botulinum spores and packaged so as to prevent subsequent bacterial contamination, the smoked fish or smoked fish product shall be immediately refrigerated and maintained at a temperature of 38 degrees Fahrenheit or less without interruption until sold to the ultimate consumer.