N.Y. Comp. Codes R. & Regs. tit. 6 § 47.1

Current through Register Vol. 46, No. 25, June 18, 2024

Section 47.1 - Definitions

Unless the context otherwise requires, the following terms and their derivatives when used in this Part shall have the following meanings:

(a)Approved means acceptable to the department based on a determination as to conformance with appropriate standards, good public health practices, or good manufacturing practices.

(b)Coliform group means all of the aerobic and facultative anaerobic, gram-negative, non-spore forming, rod-shaped bacilli which ferment lactose broth with gas formation within 48 hours at 95°F (35°C plus or minus 0.5°C).

(c)Commissioner means the Commissioner of Environmental Conservation or the commissioner's duly authorized representative.

(d)Contamination means any foul, loathsome, dangerous, toxic or abnormal or impure substance. 'Contaminated' means the presence of such substances.

(e)Department means the State of New York Department of Environmental Conservation.

(f)Fecal coliform means that portion of the coliform group which will produce gas from lactose in an EC or A-1 multiple tube procedure liquid medium within 24 hours, plus or minus 2 hours, in a water bath maintained at 112.1°F (44.5°C, plus or minus 0.2°C), or another approved method acceptable to the department.

(g)Harvester or digger means a person who takes shellfish from shellfish lands. Harvest means to take shellfish from shellfish lands.

(h)Hazardous means actually or potentially dangerous to human health.

(i)Marine district means the waters of the Atlantic Ocean within three nautical miles of the coastline of the State, and all tidal waters within the State including the Hudson River up to the Governor Mario M. Cuomo Bridge (formerly known as the Tappan Zee Bridge).

(j)MPN means most probable number, which is an estimate of the numbers of bacteria per 100 milliliters or grams of sample using laboratory tests and probability tables in a manner endorsed or approved by the United States Department of Health and Human Services, Public Health Service, Food and Drug Administration.

(k)Person means any individual, group of individuals, public or private corporation, limited liability company, industry, co-partnership, jointstock company, not for profit organization, association, firm, legal entity, trust or estate.

(l)Shellfish means oysters, clams, mussels or scallops, or any edible portion thereof.

(m)Shellfish lands means all tidal or saline waters within the marine district and the lands lying thereunder, including such lands which are exposed at low tide.

(n)Total coliform means bacteria of the coliform group which will produce gas from brilliant green bile lactose broth two percent when such broth is incubated for 51 hours or less at 35°C, plus or minus 0.5°C.

(o)Uncertified shellfish lands means shellfish lands from which, except as otherwise provided pursuant to the Environmental Conservation Law or this Subchapter, the harvesting of shellfish for use as food has been prohibited by commissioner's order.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 47.1

Amended New York State Register June 5, 2019/Volume XLI, Issue 22, eff. 6/5/2019

Amended New York State Register October 25, 2023/Volume XLV, Issue 43, eff. 10/5/2023, exp. 12/3/2023 (Emergency)

Amended New York State Register November 29, 2023/Volume XLV, Issue 48, eff. 11/29/2023