N.Y. Comp. Codes R. & Regs. tit. 6 § 42.3

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

Section 42.3 - Applicability; general prohibitions

(a) The provisions of this Part shall apply to all persons who, in wholesale commerce, engage in any aspect of shellfishing in the State of New York, including, but not limited to, the growing, harvesting, processing, handling, packing, repacking, receiving, storing, possessing, transporting, distributing, shipping, reshipping or selling or offering for sale of shellfish.

(b) Failure to comply with the provisions of this Part or the conditions of any permit issued pursuant to this Part is a violation of this section.

(c) Nothing contained in this Part shall be construed as relieving any person from complying with any applicable Federal, State or local law, rule or regulation.

(d) Nothing contained in this Part shall be construed as preventing the department from inspecting retailers or any other non-permit holders to ensure compliance with applicable provisions of article 13 of the Environmental Conservation Law and this Part, when the department deems that such inspections may be necessary to assure that the public health, safety and welfare of the people of the State of New York are protected and the intent and purposes of article 13 of the Environmental Conservation Law and this Part will be carried out.

(e) No person engaged in any activity described in this Part shall purchase or receive shellfish from a person who has failed to obtain and maintain a valid and appropriate permit issued by the department or a similar valid permit issued by the shellfish sanitation control agency of the exporting state or foreign country. In order for such permit to be acceptable to the department, the shellfish sanitation control program of such agency of such state or foreign country shall have been endorsed or approved by the United States Department of Health and Human Services, Public Health Service, Food and Drug Administration.

(f) No person engaged in any activity described in this Part shall ship or cause to be shipped shellfish to a person who has failed to obtain and maintain a valid and appropriate permit issued by the department.

(g) No person shall import shellfish for use as food for human consumption into the State of New York unless such shellfish have been grown, harvested, processed, stored, packed, repacked, shipped or reshipped, under sanitary conditions which are equivalent with the provisions of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 42.3

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