New York Codes, Rules and Regulations
Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Chapter I - FISH AND WILDLIFE
Subchapter F - MARINE FISHERIES
Part 42 - Sanitary Control Over Shellfish
Section 42.11 - Receiving, packing, repacking, and processing shellfish
Universal Citation: 6 NY Comp Codes Rules and Regs ยง 42.11
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Identification of shellfish by shellfish dealers.
(1) General requirements.
(i) No person, including retailers, shall
receive, store, possess, sell, offer for sale, transport, ship, reship or
caused to be received, stored, possessed, sold, offered for sale, transported,
shipped or reshipped, shellfish in containers that have not been properly
tagged and/or labeled.
(ii) Except
as provided in subparagraph (iii) of this paragraph or this Part, no person,
including retailers, shall remove or deface any tag and/or label required to be
affixed to any container pursuant to this Part.
(iii) No person, including retailers, shall
fail to retain any tag and/or label required to be affixed to any container
pursuant to this Part when such container is emptied or from which the tag
and/or label is legally removed upon retagging or relabeling. Such tags and/or
labels shall be available for inspection by the department for a period of 90
days from the date such tag and/or label is removed and shall be retained in an
orderly manner by date.
(iv) No
person, including retailers, shall receive, purchase, possess, sell, offer for
sale, give or cause to be received, purchased, possessed, sold, offered for
sale or given, any shellfish tag or label that belongs to another shipper,
except the tag or label that is required to be affixed to each container of
shellfish pursuant to this Part.
(2) Commingling of shellfish.
(i) No person shall pack shellfish from more
than one shipper or more than one harvest area, as described in section
42.13(d)
of this Part or from different harvest areas without the State, in the same
container.
(ii) No person shall
pack or repack shellfish that have been cultured or farm-raised from more than
one culture or cultivation site or from more than one on/off-bottom culture
permit holder within the State, in the same container.
(iii) No person shall pack or repack
shellfish that have been cultured or farm-raised in the same container with
wild shellfish that are taken from any cultivation site or harvest area within
the State.
(iv) Shucked scallops
from any harvest area described in section
42.13(d)
of this Part may be packed together.
(v) By written request to and with the
permission of the department, shippers who purchase shellfish from harvesters
may define a harvest area. Such harvest areas may combine no more than two
adjacent harvest areas. Requests must be addressed to the Bureau of Marine
Resources, Shellfish Section, New York State Department of Environmental
Conservation.
(3)
Shellfish identification.
(i) Shellfish
dealer tags shall meet the requirements.
(a)
The shellfish tag shall be at least 25/8 inches wide and 51/4 inches long,
constructed of a substantial, waterproof and tear-resistant material with a
reinforced point of attachment.
(b)
All the information on a shellfish tag must be indelible and legible.
(c) The information in subclauses (1) through
(9) of this clause must be in the specific order as follows:
(1) shipper's name;
(2) shipper's address;
(3) shipper's permit number with the prefix
"NY" and followed by a two-letter shipper designation assigned by the
department, either preprinted or stamped;
(4) a place for the original shipper's permit
number if different;
(5) harvest
date with the shipping date next to the harvest date;
(6) harvest area, including state of origin.
(The description of the harvest area for shellfish harvested in New York State
must not be less specific than the descriptions set out in section
42.13(d)
of this Part; out-of-state harvest areas must be identified by the official or
common name);
(7) common name of
the shellfish in the container;
(8)
the net weight or numerical count or standard measure of the shellfish in the
container; and
(9) the following
preprinted statement in bold, capitalized type: "THIS TAG IS REQUIRED TO BE
ATTACHED UNTIL THE CONTAINER IS EMPTY OR RETAGGED AND THEREAFTER KEPT ON FILE
FOR 90 DAYS."
(d) The
following indelible statement, or an equivalent statement, shall appear on one
side of the tag:
"RETAILERS, INFORM YOUR CUSTOMERS: Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of foodbourme illness, especially if you have certain medical conditions."
(e) No person
shall fail to describe the areas from which shellfish were harvested. The
description of areas for shellfish harvested in New York State shall not be
less specific than the descriptions set out in section
42.13(d)
of this Part. Out-of-state harvest areas shall be identified by the official or
common name of the embayment or body of water.
(f) No person shall fail to indicate whether
the shellfish are wild or farm-raised.
(g) No person shall fail to include the
on/off-bottom culture permit number for shellfish cultured within the
State.
(ii) Original
shippers and packers.
(a) No original shipper
or repacker of shellstock shall fail to tag shellfish in compliance with
paragraph (1) of this subdivision.
(b) An original shipper or packer must remove
harvesters' tags from the containers of shellfish, and keep them on file in an
orderly manner for 90 days; except when the tag is required to remain
attached.
(4)
Processed shellfish identification.
(i)
Packers and repackers of processed shellfish.
(a) No packer or repacker of shucked
shellfish shall fail to pack such shellfish or portions thereof, in clean and
sanitary containers which have been clearly and permanently marked with the
packer's and/or the repacker's name, the packer's and/or repackers permit
number prefixed with the initials of the state or foreign country that issued
the permit, the date such shellfish were shucked, the common name of the
shellfish contained in then container, and the net weight or numerical count,
or standard measure of the shellfish contained in the container. The date
shucked shall appear on the lid and the side wall or bottom of the container.
The date shall appear in a format which identifies the day, month and year the
product was shucked.
(b) No packer
or repacker of processed shellfish shall fail to pack such shellfish, or
portions thereof, in clean and sanitary containers which have been clearly and
permanently labeled with a lot number when the department determines, as a
permit condition, that such labeling with a lot number is necessary.
(c) The labels on containers described in
clauses (a) and (b) of this subparagraph may also include a name and/or address
prefaced with either "distributed by" or "packed for." In such case the
packer's or repacker's permit number shall be included on the labels.
(b) Receiving, packing and repacking operations for shellstock.
(1) No person shall fail to provide for the
competent supervision of workers and/or employees to insure shellstock are not
contaminated when received, packed, repacked or otherwise handled.
(2) No person shall fail to receive shellfish
that is not reasonably free of mud, sand, clay and other sediment.
(3) No person shall fail to discard dead
shellfish or shellfish with cracked or broken shells.
(4) No person shall fail to place shellstock
received from a harvester under temperature control within two hours from the
time of receipt.
(5) No person
shall fail to keep shellstock received from a shellfish dealer under
temperature control.
(6) No person
shall fail to keep shellstock under temperature control except for brief
periods not to exceed two hours to allow for the loading, unloading, culling,
packing and repacking of shellstock.
(7) No person shall fail to store shellstock
in safe containers. Such containers shall be stored in a manner which will
prevent the contamination thereof.
(8) No person shall fail to use equipment for
the receiving, packing, repacking or otherwise handling of shellstock that is
constructed from easily cleanable, corrosion resistant, impervious
materials.
(9) No person shall fail
to maintain and clean equipment used for the receiving, packing, repacking or
otherwise handling of shellstock.
(10) No person shall place, store or allow to
be or stored, shellstock directly on a floor, the ground, street, sidewalk,
curb or any other possibly contaminated surface. This may be accomplished by
the use of impervious and easily cleanable pallets, racks or other effective
devices. Such pallets, racks or other effective devices shall be washed
frequently to maintain cleanliness.
(11) No person shall fail to use running
water from an approved source to wash shellstock.
(12) No person shall fail to provide adequate
cleaning supplies, brushes, detergents and sanitizers.
(c) Processing, packing and repacking of shellfish.
(1) Equipment.
(i) No person shall fail to use equipment for
the processing, shucking, packing and repacking of shellfish, unless the food
contact surfaces of such equipment are constructed from safe, easily cleanable,
water impervious, food grade materials that are free from exposed screws, bolts
and rivet heads. Lead or other toxic metals shall not be used in the
construction of food contact surfaces.
(ii) No person shall fail to use equipment
for the processing, shucking, packing and repacking of shellfish unless such
equipment is non-corroded, clean and sanitary.
(iii) No person shall use shucking benches
and blocks unless the food contact surfaces of such shucking benches and blocks
are constructed from safe, easily cleanable, smooth and water impervious
materials. Clothing, supplies and other materials shall not be stored above
such shucking benches.
(iv) No
person shall use machines for shucking, grinding, mincing, blowing, washing or
other shellfish processing operations unless such machines are constructed from
safe, easily cleanable materials. Such machines shall be cleaned frequently
during the work day and at the end of the work day.
(v) No person shall fail to install and
maintain effective air filters on all blower air pump intakes and no person
shall install oil bath type filters on such blower air pump intakes.
(vi) No person shall use tools, knives,
buckets and other utensils for the processing, shucking, packing and repacking
of shellfish unless such tools, knives, buckets and other utensils are
constructed from safe, easily cleanable, water impervious, food grade materials
that are free from exposed screws, bolts, and rivet heads.
(vii) No person shall use tools, knives,
buckets and other utensils for the processing, shucking, packing and repacking
of shellfish unless such equipment is non-corroded, clean and
sanitary.
(viii) No person shall
fail to frequently clean tools, knives, buckets and other utensils during the
working day. At the end of the working day, tools, knives, buckets and other
utensils shall be stored and maintained in a manner that will prevent
contamination.
(ix) No person shall
fail to provide a test kit or other device that accurately measures the
concentration of chemical sanitizing agents.
(x) No person shall fail to wash and sanitize
their hands, gloves, tools, knives, buckets and other utensils with an
effective disinfecting solution.
(xi) No person shall use shucking buckets or
other containers which receive shucked shellfish, or portions thereof, when
such buckets or containers have been nested, unless exteriors of such buckets
or containers have been sanitized before nesting.
(xii) No person shall fail to provide a
permanently installed three compartment sink for the washing, rinsing and
sanitizing of equipment with the following:
(a) hot and cold water;
(b) combination faucets or faucets with
mixing valves;
(c) permanently
installed drains that are connected to effective and appropriate waste disposal
areas; and
(d) adequate supplies of
detergent and sanitizers in suitable containers convenient to the sink
area;
(xiii) No person
shall fail to provide an easily accessible and permanently installed hand
washing sink in the packing area that complies with the requirements described
in section
42.10(b)(1)
through (6) of this Part.
(2) Operations.
(i) No person shall fail to process, shuck,
pack or repack shellfish in a manner which will prevent the development of
excessive bacteria in such shellfish.
(ii) No person shall fail to separate
operations such as shucking, packing and other operations by partitions or
other effective methods, when the department determines, as a permit condition,
that such separations of such operations as, shucking, packing and other
operations are necessary.
(iii) No
person shall fail to cool shellfish to 45° F (7.2° C) within two hours
after shucking, and no person shall fail to maintain such shucked shellfish, or
portions thereof, at between 33° F (0.55° C) and 45° F (7.2° C)
unless such shellfish, or portions thereof, are frozen and maintained at
zero° F (-17.8° C) or lower.
(iv) No person shall fail to remove shellfish
shells from shucking operation areas frequently during the working day and at
the end of the working day.
(v) No
person shall fail to shuck, process, pack or repack shellfish in clean and
sanitary containers, and no person shall fail to protect such containers from
contamination and store such containers in a manner that will prevent the
contamination thereof.
(vi) No
person shall use breading, batter, stuffing or similar materials unless such
breading, batter, stuffing or similar materials are prepared from safe
materials in a clean and sanitary manner in clean and sanitary containers. Such
breading, batter, stuffing or similar materials shall be protected from
contamination and shall be prepared fresh daily in reasonably small quantities,
and shall be maintained between 33° F (0.55° C) and 45° F (7.2°
C).
(3) Supervision and
personnel.
(i) No person shall fail to
provide supervision of workers and/or employees to insure that such workers
and/or employees do not contaminate shellfish.
(ii) No person shall fail to maintain a high
standard of personal cleanliness.
(iii) No person shall fail to wear clean
aprons or coats or uniforms as outer garments.
(iv) No person shall fail to wash his or her
hands and/or gloves before starting work and after each absence from his or her
work station and before changing his or her work station, and whenever his or
her hands and/or gloves might have become soiled or contaminated.
(v) No person shall use gloves, finger cots
or shields which have been made from absorbent material.
(vi) No person shall fail to remove hand and
wrist jewelry that cannot be sanitized or protected by the use of non absorbent
gloves or other shields.
(vii) No
person shall fail to wear effective hair restraints.
(viii) No person shall store clothing or
other personal belongings in areas where shellfish are shucked and processed,
packed and/or repacked.
(ix) No
person shall eat food, drink beverages or use tobacco in any form in areas
where shucked shellfish or portions thereof, or shellfish ingredients are
exposed.
(x) No person affected by
disease in a communicable form or while a carrier of such disease or while
affected by boils, sores, infected wounds or abnormal sources of
microbiological contamination shall work in any capacity in a facility,
building or structure in which there is reasonable possibility of shellfish or
shellfish ingredients becoming contaminated by such person or of a disease
being transmitted by such person to other individuals.
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