N.Y. Comp. Codes R. & Regs. tit. 6 § 42.13

Current through Register Vol. 46, No. 38, September 18, 2024

Section 42.13 - Storage of shellfish

(a) Shellfish dry storage (mechanical refrigeration).

(1) Any holder of a shellfish dealers permit shall provide a designated area for the dry storage of shellfish that complies with the requirements of this subdivision.

(i) All areas used for the dry storage of shellfish shall be separated from other facilities and activities by means of partitions or other effective methods.

(ii) No person shall allow, during the duration of the term of the applicable permit, the use of a dry storage area for any purpose other than the dry storage of foodstuffs.

(iii) All areas used for the dry storage of shellfish shall be sufficiently illuminated to permit the inspection of the contents thereof. All light bulbs, tubes, and other sources of illumination shall be shielded, coated or otherwise shatter resistant.

(iv) No person shall operate a dry storage area that is not of sufficient size to permit the inspection of contents, and to allow for adequate air circulation and workspace for employees.

(v) The floors shall be constructed of smooth, water-impervious materials that are graded to drains or outlets to provide rapid drainage of waste waters to effective and appropriate wastewater disposal areas.

(vi) The walls shall be covered with smooth and impervious light-colored materials.

(vii) The ceilings shall be covered with smooth and impervious light-colored materials.

(viii) The junction between floors and walls, and the junctions between walls and walls, shall be sealed and impervious.

(ix) The dry storage area shall be equipped with automatic temperature controls, adjusted to continuously maintain the temperature between 33°F (0.55°C) and 45°F (7.2°C).

(x) The dry storage area shall be equipped with an accurate (plus or minus 2°F or plus or minus 1°C) and readily visible thermometer or an accurate (plus or minus 2°F or plus or minus 1°C) temperature recording device.

(xi) The dry storage area shall be washable throughout, kept orderly, in good repair, protected from insects, vermin, domestic animals and other agents and forms of potential contamination.

(xii) Shellfish shall not be placed, stored or allowed to be placed or stored directly on the floor or any other possible contaminated surface. This may be accomplished by the use of impervious, and easily cleanable pallets, racks, shelves, or other effective devices. Such pallets, racks, shelves or other devices shall be washed frequently to maintain cleanliness.

(xiii) Frozen shellfish shall be maintained frozen.

(xiv) Unfrozen shucked shellfish or unfrozen portions thereof, shall be maintained at a temperature between 33°F (0.55°C) and 45°F (7.2°C).

(xv) Unfrozen shellstock shall be maintained at a temperature between 33°F (0.55°C) and 50°F (10°C).

(b) Wet storage.

(1) The provisions of this subdivision shall apply to any person storing or responsible for the storage of shellfish in water.

(i) No person shall store shellstock in any tank of water without first obtaining the following:

(a) a valid Class B shellfish processor permit; and

(b) a valid shellfish water storage permit.

(ii) No person shall store shellstock in open bodies of water without the following:

(a) a valid Class B shellfish processor permit;

(b) a valid shellfish water storage permit;

(c) a valid transplant permit issued pursuant to Part 45 of this Title; and

(d) a valid on/off bottom culture permit issued pursuant to Part 48 of this Title.

(iii) No person shall store shellstock in open bodies of water that are not certified pursuant to Part 41 of this Title.

(iv) No person shall store shellstock obtained within the state, or obtained from another state, province, or foreign country when the department determines certain environmental factors exist, such as, but not limited to, the presence of marine biotoxins.

(v) No person shall operate a water storage facility unless it meets the requirements of sections 42.9, 42.10 and 42.11 of this Part.

(vi) No person shall store shellfish in water in any tank which is not of a watertight construction.

(vii) No person shall store shellfish in any tank unless it has food grade interior surfaces.

(viii) All water storage tanks shall be kept clean, orderly, sanitary and protected from flooding and storm water runoff.

(ix) All water storage tanks shall be protected from wild and domestic animals and other forms, conditions and agents of contamination.

(x) No person shall permit the use of a tank for any purpose other than for the storage of shellstock.

(xi) No person shall permit the use of a tank for the storage of shellstock unless such tank is identified with a number, letter, or combination of a number and letter.

(xii) Accessibility to a tank used for the storage of shellstock shall be provided. Such accessibility shall not be accomplished by walking through the tanks storage water.

(xiii) No person shall permit access to any tank used for the water storage of shellstock to anyone other than authorized persons or employees.

(xiv) No person shall supply water to a water storage tank unless such water is from an approved source.

(a) An approved source of water is:

(1) water from a harvest area classified as certified pursuant to Part 41 of this Title; or

(2) water obtained from a well that meets drinking water standards.

(b) Supply water obtained from a well must be examined at least two times annually at 6-month intervals by an approved laboratory and be of satisfactory quality. Examination results shall be submitted to the departments Bureau of Shellfisheries, Shellfish Inspection Unit.

(c) The degree of salinity of supply water shall be approximately equal to that of the waters from which such shellfish were harvested.

(xv) The water shall be supplied continuously to a water storage tank in an amount sufficient to provide at least two complete changes of water in such tank in each 24-hour storage period.

(xvi) No container shall be used for the water storage of shellstock unless such a container is constructed from impervious, safe materials and is easily cleanable.

(xvii) No container shall be used for the water storage of shellstock unless such a container is washed and sanitized within two hours after each use.

(xviii) No person shall reuse a container for the water storage of shellstock unless such a container is washed and sanitized before use.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 42.13

Amended New York State Register November 1, 2023/Volume XLIV, Issue 44, eff. 11/1/2023