N.Y. Comp. Codes R. & Regs. tit. 6 § 42.9

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

Section 42.9 - Facilities, buildings, structures and surrounding grounds

(a) No person shall use or construct a new facility, building or structure, nor alter an existing facility, building or structure for the receiving, packing, processing, holding, storing, or otherwise handling of shellfish unless it is approved by the department, and meets all the requirements of subdivisions (b) through (e) of this section.

(b) Facilities, buildings, or structures shall:

(1) not be used if it is subject to flooding during ordinary high tides;

(2) not be used if it becomes flooded. Should any area of a facility, building, or structure become flooded, all shellfish related activities shall be immediately discontinued and shall not resume until the following conditions are met:

(i) the flood waters have receded; and

(ii) the facility, building, or structures have been cleaned and sanitized; and

(iii) any shellfish related equipment has been cleaned and sanitized; and

(iv) any shellfish packaging materials that may have come into contact with flood waters have been disposed of adequately.

(3) not be used unless it is of such a size that work can be carried out in an orderly and sanitary manner;

(4) be kept clean, orderly, and in good repair;

(5) have an adequate number of refuse containers with closeable lids that are maintained in good condition and emptied regularly throughout the workday;

(6) have adequate drainage in parking areas, driveways, and surrounding grounds;

(7) have adequately constructed walls, ceilings, floors and floor drains.

(i) Walls shall be covered with smooth and impervious light-colored material;

(ii) the corners where walls joint shall be sealed and impervious;

(iii) ceilings shall be covered with smooth and light-colored material;

(iv) junctions between floors and walls shall be sealed and impervious;

(v) floors shall be constructed of smooth, impervious materials which shall be maintained to be free from cracks or uneven surfaces and graded to effectively drain; and

(vi) floor drains shall be maintained to allow proper drainage, prevent the backflow of waste waters and odors, and be connected to a disposal system that complies with applicable plumbing codes.

(8) have adequate lighting sufficient to observe all areas. All sources of illumination shall be shielded from breakage in areas where any shellfish activities may take place.

(9) have an area(s) separated from any shellfish related activities for the storage of cleaning compounds or solutions, sanitizers, pesticides, chemicals, or any other potentially unsafe substances.

(10) The dealer shall ensure that ventilation, heating, or cooling systems do not create conditions that may cause the shellfish products to become contaminated.

(11) Adequate cleaning supplies, brushes, detergents, and sanitizers shall be provided.

(c) No person shall allow access to operational areas of a facility, building or structure to unauthorized persons or employees.

(d) No person shall store unused or non-essential equipment in areas of the facility, building or structure where shellfish activities are conducted.

(e) No person shall use a facility, building or structure unless adequate control of insects, vermin, birds, other pests, or wild and domestic animals are provided.

(1) Openable exterior windows shall be effectively screened or otherwise protected;

(2) Exterior doors shall be tight-fitting, and kept in proper working condition; air screens, strip curtains, or similar exclusion devices shall be kept in proper working condition;

(3) other potential entrance places such as around chimneys, vent pipes, and heating or cooling duct work shall be screened or otherwise protected;

(4) exterior waste disposal receptacles shall have closable lids; and

(5) areas surrounding a facility, building, or structure shall be free from conditions which may attract insects, vermin, birds, other pests, or wild and domestic animals.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 42.9

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