N.Y. Comp. Codes R. & Regs. Tit. 1 §§ 271-2.2

Current through Register Vol. 46, No. 51, December 18, 2024

Section 271-2.2 - Special requirements

(a) Fluid milk and fluid milk products used or offered for sale shall comply with the Grade A standards promulgated by the commissioner and set forth in Part 2 of this Title, and shall be maintained at a temperature of 45°F or less. Dry milk and milk products used or offered for sale shall be made from pasteurized milk and milk products. All cheese must be made from pasteurized milk or aged for not less than 60 days at a temperature not less than 35°F in accordance with article 4, section 67-b of the Agriculture and Markets Law.

(b)

(1) Fresh and frozen shucked shellfish (oysters, clams or mussels) shall be received and/or repacked in clean, sanitary packages identified with the packer's and/or repacker's name, permit number prefixed with the initials of the state or foreign country that issued the permit, the date such shellfish were packed and/or repacked, the common name of the shellfish contained in the container, and the net weight or numerical count or standard measure of the shellfish contained in the container. The labels or containers may also include a shipper's or distributor's name and/or address, prefixed with either "distributed by" or "packed for." In such case, only the packer's permit number need be included on such label.

(2) Each original container of unshucked shellfish (oysters, clams or mussels) shall be identified by an attached tag, to be retained for a period of 90 days from the day such container is emptied, that states the name and address of the original shellfish processor, the common name of the shellfish, and the net weight or numerical count or standard measure of shellfish, and the permit number issued by the state or foreign shellfish control agency, where applicable.

(c) Only clean shell eggs meeting applicable grade standards or pasteurized liquid, frozen or dry eggs, or pasteurized dry egg products shall be used or offered for sale. All containers in which shell eggs are held shall identify the source of such eggs. Shell eggs that have not been specifically treated to destroy all viable Salmonellae shall be stored, displayed and transported where the ambient temperature is 45°F or less. Containers of shell eggs packaged for direct sale to consumers shall be labeled with the following safe handling instructions: "To prevent illness from bacteria: keep eggs refrigerated, cook eggs until yokes are firm, and cook foods containing eggs thoroughly."

(d) Only ice which has been manufactured from potable water and handled in a sanitary manner shall be used or offered for sale. Ice offered for sale shall be packaged.

(e) All cured, salted or smoked fish products possessed, packed, processed, sold, offered or exposed for sale, or otherwise utilized shall meet the requirements set forth in Part 262 of this Title and shall be maintained at temperatures that do not exceed 38°F, except that:

(1) cured, salted or smoked fish products that have a water phase salt level of at least 17 percent shall not require refrigeration; and

(2) cured, salted or smoked fish products which contain a water phase salt level of at least 10 percent, a water activity of .85 or less, or a pH of 4.6 or less, may be held at refrigerated temperatures that do not exceed 45°F.

(f) Mushroom species picked in the wild shall be obtained from sources where each mushroom is individually inspected and found to be safe by an approved mushroom identification expert prior to sale.

(g) If game animals are received for sale they shall be:

(1) Commercially raised for food and:

(i) slaughtered in accordance with the provisions of article 5-A of Agriculture and Markets Law, Licensing of Slaughterhouses; or

(ii) raised, slaughtered, and processed under a voluntary inspection program that is conducted by the agency that has animal health jurisdiction; or

(iii) under a routine inspection program conducted by a regulatory agency other than the agency that has animal health jurisdiction; and

(iv) raised, slaughtered, and processed according to:

(a) laws governing meat and poultry as determined by the agency that has animal health jurisdiction and the agency that conducts the inspection program; and

(b) requirements which are developed by the agency that has animal health jurisdiction and the agency that conducts the inspection program with consideration of factors such as the need for antemortem and postmortem examination by an approved veterinarian or veterinarian's designee;

(2) under a voluntary inspection program administered by the USDA for game animals such as exotic animals (reindeer, elk, deer, antelope, water buffalo or bison) that are "inspected and approved" in accordance with 9 CFR 352 Voluntary Exotic Animal Program or rabbits that are "inspected and certified" in accordance with 9 CFR 354 Rabbit Inspection Program;

(3) as allowed by law, for wild game animals that are live-caught:

(i) under a routine inspection program conducted by a regulatory agency such as the agency that has animal health jurisdiction; and

(ii) slaughtered and processed according to:

(a) laws governing meat and poultry as determined by the agency that has animal health jurisdiction and the agency that conducts the inspection program; and

(b) requirements which are developed by the agency that has animal health jurisdiction and the agency that conducts the inspection program with consideration of factors such as the need for antemortem and postmortem examination by an approved veterinarian or veterinarian's designee; or

(4) as allowed by law, for field-dressed wild game animals under a routine inspection program that ensures the animals:

(i) receive a postmortem examination by an approved veterinarian or veterinarian's designee; or

(ii) are field-dressed and transported according to requirements specified by the agency that has animal health jurisdiction and the agency that conducts the inspection program; and

(iii) are processed according to laws governing meat and poultry as determined by the agency that has animal health jurisdiction and the agency that conducts the inspection program.

(5) A game animal may not be received for sale or service if it is a species of wildlife that is listed in 50 CFR 17 Endangered and Threatened Wildlife and Plants.

(6) The requirements of this subdivision shall not apply to deer or big game, or portions thereof, as defined in section 11-0103 of the Environmental Conservation Law, taken by lawful hunting and donated, possessed, prepared or served pursuant to section 11-0917 of the Environmental Conservation Law.

N.Y. Comp. Codes R. & Regs. Tit. 1 §§ 271-2.2

Repealed New York State Register June 22, 2016/Volume XXXVIII, Issue 25, eff. 6/22/2016

Adopted New York State Register December 21, 2016/Volume XXXVIII, Issue 51, eff. 12/21/2016