N.Y. Comp. Codes R. & Regs. tit. 6 § 42.14

Current through Register Vol. 46, No. 25, June 18, 2024

Section 42.14 - Conveyances used for the transportation of shellfish

(a) No person shall utilize a conveyance for the transporting of shellfish unless such conveyance is equipped with an easily washable shellfish holding area.

(b) No person shall fail to keep holding areas orderly, in good repair and protected from and free from insects, pets, wild and domestic animals and other agents and forms of contamination.

(c) No person shall fail to keep holding areas on trucks, trailers and other conveyances enclosed to protect shellfish from contamination. Such holding areas shall be equipped with drains adequate to prevent the accumulation of water created by melting ice, condensation or other sources.

(d) No person shall fail to utilize conveyances with shellfish holding areas which are of sufficient size to permit the inspection of the contents thereof and to permit adequate air circulation.

(e) No person shall fail to transport shellstock in storage areas continuously maintained between 33° F (0.55° C) and 45° F (7.2° C), except when shellstock are being transported for periods less than four hours from the time the shellstock are brought to shore. No persons shall fail to use mechanical refrigeration for shellfish shipments of greater than four hours duration. Such mechanical refrigeration units shall be equipped with automatic temperature controls capable of maintaining the unit at temperatures not to exceed 45° F (7.2° C). Storage areas on conveyances must have a functioning, readily visible, temperature monitoring device, accurate to plus or minus 2° F.

(f) No person shall permit shellfish or a container containing shellfish to contact floor drainage or bilge water. Pallets, floorboards, false bottoms or other effective devices shall be used to accomplish this requirement.

(g) No person shall fail to keep shellfish holding areas on conveyances adequately lighted.

(h) No person shall fail to transport shellfish in containers which have been properly tagged or labeled in compliance with the provisions of this Part; except that a single shipment of containers of shellstock in transit entirely within the State of New York from a certified shellfish land to a shellfish processing facility may be accompanied by a single tag or label. Such tag or label shall contain all required information and such tag or label shall be readily available for inspection by the department.

(i) No person shall fail to transport unfrozen shucked shellfish, or portions thereof, at a maintained temperature of between 33° F (0.55° C) and 45° F (7.2° C).

(j) No person shall fail to transport frozen shellfish at a maintained temperature of 0° F (-17.8° C) or lower.

(k) No person shall fail to transport shellfish in safe containers. Such containers shall been stored in a manner which will prevent the contamination thereof.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 42.14