New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter I - FISH AND WILDLIFE › Subchapter F - MARINE FISHERIES › Part 42 - Sanitary Control Over Shellfish › Section 42.14 - Conveyances used for the transportation of shellfish

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No person shall utilize a conveyance for
				  the transporting of shellfish unless such conveyance is equipped with an easily
				  washable shellfish holding area.
(b) No person shall fail to keep holding
				  areas orderly, in good repair and protected from and free from insects, pets,
				  wild and domestic animals and other agents and forms of
				  contamination.
(c) No person shall
				  fail to keep holding areas on trucks, trailers and other conveyances enclosed
				  to protect shellfish from contamination. Such holding areas shall be equipped
				  with drains adequate to prevent the accumulation of water created by melting
				  ice, condensation or other sources.
(d) No person shall fail to utilize
				  conveyances with shellfish holding areas which are of sufficient size to permit
				  the inspection of the contents thereof and to permit adequate air
				  circulation.
(e) No person shall
				  fail to transport shellstock in storage areas continuously maintained between
				  33° F (0.55° C) and 45° F (7.2° C), except when shellstock are being
				  transported for periods less than four hours from the time the shellstock are
				  brought to shore. No persons shall fail to use mechanical refrigeration for
				  shellfish shipments of greater than four hours duration. Such mechanical
				  refrigeration units shall be equipped with automatic temperature controls
				  capable of maintaining the unit at temperatures not to exceed 45° F (7.2° C).
				  Storage areas on conveyances must have a functioning, readily visible,
				  temperature monitoring device, accurate to plus or minus 2° F.
(f) No person shall permit shellfish or a
				  container containing shellfish to contact floor drainage or bilge water.
				  Pallets, floorboards, false bottoms or other effective devices shall be used to
				  accomplish this requirement.
(g) No
				  person shall fail to keep shellfish holding areas on conveyances adequately
				  lighted.
(h) No person shall fail
				  to transport shellfish in containers which have been properly tagged or labeled
				  in compliance with the provisions of this Part; except that a single shipment
				  of containers of shellstock in transit entirely within the State of New York
				  from a certified shellfish land to a shellfish processing facility may be
				  accompanied by a single tag or label. Such tag or label shall contain all
				  required information and such tag or label shall be readily available for
				  inspection by the department.
(i)
				  No person shall fail to transport unfrozen shucked shellfish, or portions
				  thereof, at a maintained temperature of between 33° F (0.55° C) and 45° F (7.2°
				  C).
(j) No person shall fail to
				  transport frozen shellfish at a maintained temperature of 0° F (-17.8° C) or
				  lower.
(k) No person shall fail to
				  transport shellfish in safe containers. Such containers shall been stored in a
				  manner which will prevent the contamination thereof.