N.Y. Comp. Codes R. & Regs. tit. 6 § 42.12

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

Section 42.12 - Receiving, packing, repacking, and processing shellfish

(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, give, or caused to be received, stored, possessed, sold, offered for sale, transported, shipped, reshipped, or given, shellfish in containers that have not been properly tagged or labeled.

(ii) Except as provided in subparagraph (iii) of this paragraph and clause (c) of subparagraph (a)(3)(iii) of this subdivision, no person, including retailers, shall remove or deface any tag or label required to be affixed to any container of shellfish pursuant to this Part.

(iii) All persons, including retailers, shall not fail to retain any tag and/or label required to be affixed to any container of shellfish upon emptying, retagging, or labeling such container of shellfish. Such tags or labels shall be available for inspection by the department for a period of 90 days from the date such tag or label has been 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 shellfish dealer, except for the tag or label that is required to be affixed to each container of shellfish pursuant to this Part, unless otherwise approved by the department.

(2) Commingling of shellfish.

(i) No person shall pack or repack shellfish from more than one shipper or more than one harvest area, as described in section 42.14(c) of this Part, or from different harvest areas without the State, in the same container.

(ii) No person shall pack or repack shellfish from different harvest dates in the same container.

(iii) 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.

(iv) No person shall pack or repack shellfish that have been cultured or farm-raised in the same container with wild shellfish that have been taken from any cultivation site or harvest area within the State.

(v) When a VpCP has been established by the department, no person shall pack shellfish harvested from a single area by more than one harvester in the same container until the minimum temperature required by such VpCP has been achieved.

(vi) Shucked scallops from any harvest area described in section 42.14(c) of this Part may be packed together.

(3) Shellfish identification.

(i) Shellfish dealer tags shall meet the following requirements.

(a) The tag shall be at least 13.8 square inches (89.0 square centimeters) in size, 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 legible, and smear and smudge resistant.

(c) The information in subclauses (1) through (9) of this clause must be in the specific order as follows:

(1) dealers name, either preprinted or stamped;

(2) dealers address, either preprinted or stamped;

(3) dealers 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 shippers permit number;

(5) harvest date, and if applicable, the date of depuration processing, or if wet stored, the original harvest date and the final harvest date (the date removed from wet storage);

(6) harvest location (harvest area), including state of origin;

(7) type or common name of shellstock;

(8) quantity (net weight, numerical count or standard measure) of shellstock; and

(9) the following preprinted statement capitalized and bold type: "THIS TAG IS REQUIRED TO BE ATTACHED UNTIL THE CONTAINER IS EMPTY OR RETAGGED AND THEREAFTER KEPT ON FILE IN ORDER BY DATE FOR 90 DAYS. RETAILERS: DATE WHEN LAST SHELLFISH FROM THIS CONTAINER SOLD OR SERVED :_____".

(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 foodborne illness, especially if you have certain medical conditions."

(e) No person shall fail to indicate whether the shellfish are wild or farm-raised.

(f) No person shall fail to include the on/off-bottom culture permit number for shellfish cultured within the State.

(ii) Retagging shellstock.

(a) All information entered on a shellfish tag must be legible, and smear and smudge resistant.

(b) All information entered on a shellfish tag must be transcribed exactly as it appears on the tag being removed. Subclauses (1) through (5) of this clause must be in the specific order as follows:

(1) the original shippers (dealers) permit number, if different, prefixed with the state, province, or country two letter abbreviation followed by the number and ending with the appropriate letters designated;

(2) the harvest date, including the year;

(i) if depurated, the date of depuration process and depuration cycle number;

(ii) if wet stored, the original harvest date and the final harvest date (the date removed from wet storage), and the lot number. The lot number shall begin with "w";

(3) the harvest location (harvest area);

(4) type of or common name of shellstock in the container;

(5) quantity of shellstock (net weight, numerical count, or standard measure of the shellstock in the container);

(6) an indication of whether the shellstock are wild or farm-raised; and

(7) the on/off-bottom culture permit number for shellstock cultured within the State.

(iii) Original shippers (dealers) and packers.

(a) All original shippers or repackers of shellstock shall tag the shellstock in compliance with paragraph (3) of this subdivision.

(b) All original shippers shall describe the areas from which the shellstock were harvested. The description of areas for shellstock harvested in New York State shall not be less specific than the descriptions set out in section 42.14(c) of this Part and shall include the State abbreviation (NY).

(c) An original shipper or packer must remove harvesters tags from containers of shellstock, 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) All packers and repackers of shucked shellfish shall pack such shellfish or portions thereof, in clean and sanitary containers which have been clearly and permanently marked with the packers or repackers name, the packers or repackers permit number prefixed with the initials of the state, province or foreign country that issued the permit, the common name of the shellfish contained in the container, and the net weight of the shellfish contained in the container, and one of the following:

(1) For each individual package containing 64 fluid ounces or more of fresh or fresh frozen shellfish, the words "DATE SHUCKED" followed by the date the shellfish was 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 the year the product was shucked.

(2) For each individual package containing less than 64 fluid ounces of fresh or fresh frozen shellfish, the words "SELL BY" or "BEST IF USED BY" followed by a reasonable date when the product would be expected to reach the end of its shelf life which shall be determined by date the shellfish was originally shucked, if applicable. The date shall appear in a format which identifies the day, month and the year.

(b) All packers or repackers of thawed shellfish shall label containers of shellfish with the words "PREVIOUSLY FROZEN" in addition to the requirements described in clause (a) of this subparagraph.

(c) All packers or repackers of processed shellfish shall 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.

(d) The labels on containers described in this subparagraph may also include a name and address prefaced with either "distributed by" or "packed for." In such case the packers or repackers permit number shall be included on the labels.

(e) All packers or repackers of fresh, frozen, or thawed shellfish described in this subparagraph shall include on each container of shellfish the following indelible statement, or an equivalent statement: "RETAILERS, INFORM YOUR CUSTOMERS: Consuming raw or undercooked meats, poultry, seafood, shellfish or eggs may increase your risk of foodborne illness, especially if you have certain medical conditions."

(b) Receiving, packing and repacking operations for shellstock.

(1) All shellfish dealers shall provide competent supervision of workers and employees to ensure shellstock are not contaminated when received, packed, repacked or otherwise handled.

(2) All shellstock received shall be reasonably free of mud, sand, clay and other sediment.

(3) All shellstock received shall be inspected for wholesomeness. Shellstock with cracked or broken shells or dead shellstock shall be discarded.

(4) The temperature of the shellstock shall be recorded upon receipt using a thermometer numerically scaled with increments of not more than 2°F (1°C) that is accurate to plus or minus 2°F (1°C).

(i) All shellstock received from another shellfish dealer must be received at 50°F (10°C) or less.

(5) All shellstock received from a harvester shall be placed under temperature control at the time of receipt and must be received on the same day of harvest.

(6) All shellstock received from a shellfish dealer shall be kept under temperature control.

(7) All shellstock shall remain under temperature control except for brief periods not to exceed two hours to allow for the loading, unloading, culling, packing and repacking of shellstock.

(8) All shellstock shall be placed in safe containers, and stored in a manner which will prevent the contamination thereof.

(9) All equipment used for the receiving, packing, repacking or otherwise handling of shellstock shall be constructed from easily cleanable, corrosion resistant, impervious materials, and shall be kept clean and maintained.

(10) No person shall allow shellstock or containers of shellfish to be placed or stored on the 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, shelves, or other effective devices. Such pallets, racks, shelves, or other devices shall be washed frequently to maintain cleanliness.

(11) Only running water from an approved source shall be used to wash shellstock.

(12) Vibrio control measures for dealers.

(i) All oysters received from harvesters between May 1 through September 30, both dates inclusive, must be received under temperature control through icing, mechanical refrigeration maintained at 33°F(0.6°C) to 45°F(7.2°C) or other cooling method approved by the department.

(ii) All shellfish received from harvesters between May 1 through October 31, must be received shaded from the sun.

(iii) When the department determines that a VpCP is required, all hard clams and oysters harvested from shellfish lands under the VpCP between the dates of May 1 through September 30, both dates inclusive, must be received under temperature control through icing, mechanical refrigeration maintained at 33°F(0.6°C) to 45°F(7.2°C) or other cooling method approved by the department. Shellstock with a temperature greater than 60°F(15.6°C) at receiving must be rejected or if the harvester tag does not include the time of harvest.

(iv) All hard clams and oysters harvested from shellfish lands under a VpCP, must be cooled to a temperature of 50°F(10°C) or below within 10 hours or less, from time of receipt and prior to shipping. Shellfish shall not be shrink wrapped prior to reaching 50°F(10°C) or below.

(c) Processing, packing and repacking of shellfish.

(1) Equipment.

(i) The food contact surfaces of any equipment used for the processing, shucking, packing, and repacking of shellfish, shall be 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) All equipment used for the processing, shucking, packing, and repacking of shellfish shall be 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 use blower air pump intakes unless effective air filters are installed and maintained. Oil bath type filters on such blower air pump intakes are prohibited.

(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) All tools, knives, buckets and other utensils used during the working day shall be cleaned frequently. 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 thereof.

(ix) No person shall fail to wash and sanitize their hands, gloves, tools, knives, buckets and other utensils with an effective disinfecting solution prior to processing shellfish.

(x) 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.

(xi) A permanently installed three compartment sink shall be provided exclusively for the washing, rinsing and sanitizing of equipment with the requirements described in section 42.11(e) of this Part, and shall not be used for hand washing.

(xii) An easily accessible and permanently installed hand washing sink shall be provided in the packing area that complies with the requirements described in section 42.11(b) of this Part.

(2) Operations.

(i) No person shall process, shuck, pack or repack shellfish in a manner which will allow for the development of excessive bacteria in such shellfish.

(ii) Shucking, packing and other operations shall be separated by partitions or other effective methods, when the department determines, as a permit condition, that such separations are necessary.

(iii) When heat shock is used to prepare shellstock for shucking, the following shall apply:

(a) A schedule for the heat shock process shall be posted in a conspicuous location.

(b) All persons responsible or persons who intend to engage in the heat shock process shall be familiar with the requirements of this subparagraph; and

(c) All hot-dipped shellstock shall be immediately cooled after the heat shock process. Such cooling shall be accomplished by dipping the shellstock in an ice bath prepared with a potable water supply or the use of a flowing potable water supply.

(d) If a heat shock tank is used, and the water is maintained at or above 140°F (60°C) the dealer shall completely drain and flush the tank at the end of the days operations. If the temperature is maintained below 140°F (60°C), then the dealer shall completely drain and flush the tank at 3-hour intervals.

(iv) All shellfish or portions thereof, shall be cooled to 45°F (7.2°C) within two hours after shucking, and thereafter, be maintained at temperatures between 33°F (0.55°C) and 45°F (7.2°C) unless such shellfish, or portions thereof, are frozen and maintained frozen..

(v) Shellfish shells shall be removed from shucking operation areas frequently during the working day and at the end of the working day.

(vi) No person shall shuck, process, pack or repack shellfish in containers that are not clean and sanitary. During the shucking, processing, packing or repacking of such shellfish, and thereafter, such containers shall be protected from contamination and stored in a manner that will prevent the contamination thereof.

(vii) 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) All workers and employees shall be adequately supervised to ensure that such workers and employees do not contaminate shellfish.

(ii) All persons shall wear clean aprons, coats or uniforms as outer garments.

(iii) All persons shall wash and sanitize their hands and gloves, if gloves are worn:

(a) before starting work;

(b) after each absence from their workstation;

(c) before changing their workstation; and

(d) whenever they might have become soiled or contaminated.

(iv) No person shall use gloves, finger cots or shields which have been made from absorbent material.

(v) All persons shall remove hand and wrist jewelry that cannot be sanitized or protected by the use of non-absorbent gloves or other shields.

(vi) All persons shall wear effective hair restraints.

(vii) No person shall store clothing or other personal belongings in areas where shellfish are shucked and processed, packed or repacked.

(viii) 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.

(ix) No person 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 the possibility of shellfish or shellfish ingredients becoming contaminated by boils, sores, infected wounds or abnormal sources of microbiological contamination.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 42.12

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