N.Y. Comp. Codes R. & Regs. tit. 6 § 42.6

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

Section 42.6 - Conditions of a permit

(a) Any permit issued pursuant to article 13 of the Environmental Conservation Law or this Part may be issued with conditions. Conditions may be attached as 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 this Part will be carried out. Facilities, buildings, structures, equipment, and conveyances used for activities described in this Part and maintenance of all shellfish transaction records, and all tagging requirements, shall be in compliance with the applicable provisions of this Part and shall be approved by the department prior to the issuance or renewal of a permit.

(b) Every permit issued pursuant to article 13 of the Environmental Conservation Law or this Part shall contain the following conditions:

(1) the department shall have the right to inspect any facility, building, structure, property or conveyance used for any activity described in this Part;

(2) the department shall have the right to take samples, without payment, of shellfish, water, chemicals, food ingredients and other substances for examinations;

(3) the department shall have the right to inspect and copy any hazard analysis, hazard control plans, hazard control records, sanitation records, tags, labels, shipping or receiving invoices or documents, bills of lading or other records required to be kept pursuant to this Part;

(4) the permit shall expire on December 31st of the year of issue;

(5) the violation of any condition of a permit or provision of this Part may result in permit modification, suspension or revocation, or seizure of any lot, quantity or shipment of shellfish or related materials associated with such violation; and

(6) the permit shall be made available for inspection by the department at all times from the date of issue through the date of expiration, and during conducting of any activity described in this Part.

(c) The holder of a class A, B, C or D shellfish dealer permit, issued pursuant to section 42.4 of this Part, shall not ship shellfish out of state unless the permit contains a condition authorizing such shipment.

(d) The holder of a class A, B or E shellfish dealer permit, issued pursuant to section 42.4 of this Part, shall not purchase or receive shellstock from the holder of a diggers permit, unless such a class A, B or E shellfish dealer permit holder has a place of business in Nassau or Suffolk County and such permit contains a condition authorizing the purchase or receipt of such shellfish from the holder of a diggers permit.

(e) The holder of a diggers permit, issued pursuant to section 42.4 of this Part, shall not ship or sell shellfish to anyone other than the holder of a Class A, B or E shellfish dealer permit who has a place of business in Nassau or Suffolk County and whose permit contains a condition authorizing the purchase or receipt of such shellfish from the holder of a diggers permit.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 42.6

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