N.Y. Comp. Codes R. & Regs. tit. 6 § 42.4
Current through Register Vol. 46, No. 38, September 18, 2024
Section 42.4 - Applications for permits; permit description; permit fees(a) No person shall receive shellfish, store shellfish, or engage in any other activity described in this Part without a valid and appropriate permit issued by the department.(b) An application for a permit shall be filed with the State of New York Department of Environmental Conservation by the applicant on a form and in a manner prescribed by the department. An application shall be accompanied by the appropriate application fee as set forth in article 13 of the Environmental Conservation Law, and the following, as applicable: (1) If applying for a shellfish diggers (harvesters) permit, proof of completion of a harvester education course, at a frequency determined by the department, but shall not exceed every 5 years; or (2) If applying for a shellfish dealer permit, proof of completion of a shellfish dealer education course, as described in section 42.5 of this Part, and submission of the following: (i) a copy of a shellfish HACCP Plan, as described in section 42.8 of this Part, that has been approved by the department; (ii) a copy of a shellfish shipping invoice or bill of lading pre-printed or stamped with the applicants name, business address, and shellfish shipper permit number assigned by the department. No changes or alterations to the invoice may be made, unless approved by the department; (iii) if applicable, a proof copy of a shellfish shipping tag pre-printed or stamped with the applicants name, business address, and shellfish shipper permit number assigned by the department. No changes or alterations to the tag may be made, unless approved by the department; (iv) if applicable, a copy of a shucked shellfish label or container that meets the requirements of section 42.12(a)(4) of this Part. No changes or alterations to the label or container may be made, unless approved by the department; and (v) a business address that has been inspected and approved by the department for the shellfish activities for which the application was filed. The criteria for a business address to meet the minimum requirements for approval are as follows: (a) HACCP requirements: (1) No critical deficiencies observed during inspection; (2) Not more than two key deficiencies observed during inspection; and (3) Not more than two other deficiencies observed during inspection.(b) For sanitation items and additional requirements: (1) No critical deficiencies observed during inspection; (2) Not more than two key deficiencies observed during inspection; and (3) Not more than three other sanitation or additional requirement deficiencies observed during inspection.(c) Subject to the provisions of sections 13-0311 and 13-0315 of the Environmental Conservation Law and this Part, the department in its discretion, may issue permits for the following shellfish activities: (1) Diggers (harvesters) permit. This permit allows the holder thereof to take (harvest) shellfish from certified shellfish lands in the State for commercial purposes and to ship or sell such shellfish only to a holder of a valid class A, B or E dealers permit who has a place of business in Nassau or Suffolk County and whose permit contains a condition authorizing the holder of the Class A, B or E shellfish dealers permit to receive shellfish from a shellfish digger. The holder of a diggers permit shall not harvest shellfish from uncertified shellfish lands except as provided in section 42.14(b)of this Part.
(2) Class A (shipper) permit. This permit shall allow the holder thereof and any person in the employ of the permit holder to:
(i) reship shellfish previously shipped by the holder of a class A, B, C, D or E shellfish dealer permit or similar permit issued by the shellfish sanitation control agency of another state or foreign country; (ii) pack or repack shellstock received from the holder of a diggers permit provided the Class A permit holders place of business is located in Nassau or Suffolk County and such permit contains a condition authorizing them to do so; or (iii) pack or repack shellstock received from the holder of a class A, B, C, or D shellfish dealer permit or similar permit issued by the shellfish sanitation control agency of another state or foreign country. The holder of a class A permit is authorized to tag or label, retag or re-label containers of shellstock.(3) Class B (processor) permit. This permit shall allow the holder thereof and any person in the employ of the permit holder to engage in the activities authorized by a class A permit, as described in paragraph (2) of this subdivision, and to otherwise process shellfish. The holder of a Class B permit may allow the holder of a diggers permit to shuck bay scallops at the Class B permit holders facility provided that the scallops were harvested from certified shellfish lands within the State. Any bay scallops shucked at the Class B permit holders facility by such digger shall not be sold or shipped to anyone other than the Class B permit holder.
(4) Class C (reshipper) permit. This permit shall allow the holder thereof and any person in the employ of the permit holder to receive, store, and reship shellfish previously shipped by the holder of a class A, B, C, D or E shellfish dealer permit or similar permit issued by the shellfish sanitation control agency of another state or foreign country. The holder of a class C permit is authorized to remove dead or broken shellstock from containers, but is not authorized to pack, repack, tag or label, retag or re-label containers of shellfish;
(5) Class D (digger/shipper) permit. This permit shall allow the holder thereof to ship shellstock which the holder has legally harvested from shellfish lands of the State;
(6) Class E (bay scallop shucker/packer) permit. This permit shall allow the holder thereof, members of the permit holders immediate family, and not more than two employees of the permit holder, to shuck and pack bay scallops which have been received from the holder of a diggers permit and to ship such scallops in the form of fresh shucked adductor muscle meat only in intrastate commerce.
(7) Shellfish bait harvesters permit-no fee. This permit shall allow the holder thereof to harvest shellfish from designated uncertified shellfish lands and to use or sell such shellfish only for use as bait.
(8) Shellfish water storage permit-no fee. This permit shall allow the holder thereof to store shellstock harvested from certified shellfish lands in one of the following:
(ii) containers of shellstock held in certified (approved) natural bodies of water pursuant to the provisions of Part 48 of this Title.N.Y. Comp. Codes R. & Regs. Tit. 6 § 42.4
Amended New York State Register November 1, 2023/Volume XLIV, Issue 44, eff. 11/1/2023