New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter F - MARINE FISHERIES › Part 47 - Certification Of Shellfish Lands › Section 47.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
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.