N.Y. Comp. Codes R. & Regs. tit. 1 § 57.7

Current through Register Vol. 46, No. 45, November 2, 2024

Section 57.7 - Program to control salmonella enteritidis

(a) No person, corporation or other entity shall transport, possess, sell, offer or expose for sale, purchase or receive eggs within the State unless:

(1) said eggs originated in a flock and were packed in a plant which meets the requirements of this Part;

(2) the carton or other container in which such eggs are packed or held is identified by the U.S.D.A. identification number of the plant in which they were packed or, if no such number has been assigned, the U.S.D.A. shell egg handler registration number, or if no such registration number has been assigned, initials identifying the state or other jurisdiction in which the plant is located and a number assigned by said state or other jurisdiction which identifies said plant; and

(3) the appropriate regulatory authority of the state or other jurisdiction within which the plant which packed the eggs is located has filed with the department a certificate identifying, by U.S.D.A. plant number, U.S.D.A. shell egg handler registration number, or state-assigned number, the name and address of each plant within its jurisdiction which packs, for sale in New York State, only eggs from flocks which meet the requirements of this Part.

(b) No person, corporation or other entity shall transport, possess, sell, offer or expose for sale, purchase or receive within the State, poultry or poultry products used or intended for use in egg production unless:

(1) such poultry or poultry products are from a flock which meets the requirements of this Part;

(2) are accompanied by documentation which identifies the name and address of the flock of origin; and

(3) the appropriate regulatory authority of the state or other jurisdiction within which the flock of origin is located has filed with the department a certificate stating that said flock meets the requirements of this Part. Upon the demand of any person, the documentation required in paragraph (2) of this subdivision shall be immediately produced by anyone transporting, possessing, selling, offering or exposing for sale such poultry or poultry products. Failure to produce such documentation shall give rise to a presumption that the flock of origin is not so certified.

(c) Any eggs packed in a plant not certified as required herein or not identified as required herein and any poultry and poultry products from flocks not certified as required herein or not accompanied by the documentation required herein shall be subject to seizure, as shall any eggs, poultry or poultry products determined by the commissioner to have originated in flocks infected with Salmonella enteritidis or to have originated in flocks or have been packed in plants determined by the commissioner to otherwise not meet the requirements of this Part relating to Salmonella enteritidis, whether or not the flocks of origin or packing plants have been certified.

(d) Notwithstanding any other provision herein, eggs from flocks infected with Salmonella enteritidis may, with the written permission of the commissioner or the commissioner's designee, be transported within the State to an egg-breaking plant for pasteurization and eggs, poultry and poultry products used or intended for use in egg production which do not meet the requirements of this Part may, with the written permission of the commissioner or the commissioner's designee, be transported and possessed within this State for use in research or experimentation.

(e) Within 30 days of the effective date of this Part, certificates listing the packing plants and flocks which supply eggs, poultry and poultry products to New York State and which comply with the requirements of this Part shall be filed with the department by the appropriate regulatory authorities of the states or other jurisdictions within which said plants or flocks are located and thereafter said certificates shall be filed with the department semiannually in January and July of each year, on or before the 10th day of said months. The regulatory authorities of such states or other jurisdictions shall immediately notify the department of any change in the certification status of any packing plants or flocks within their jurisdiction.

N.Y. Comp. Codes R. & Regs. Tit. 1 § 57.7