N.Y. Comp. Codes R. & Regs. tit. 6, § 42.11 – Receiving, packing, repacking, and processing shellfish.

(1) General requirements.
1. (i) No person, including retailers, shall receive, store, possess, sell, offer for sale, transport, ship, reship or caused to be received, stored, possessed, sold, offered for sale, transported, shipped or reshipped, shellfish in containers that have not been properly tagged and/or labeled.
2. (ii) Except as provided in subparagraph (iii) of this paragraph or this Part, no person, including retailers, shall remove or deface any tag and/or label required to be affixed to any container pursuant to this Part.
3. (iii) No person, including retailers, shall fail to retain any tag and/or label required to be affixed to any container pursuant to this Part when such container is emptied or from which the tag and/or label is legally removed upon retagging or relabeling. Such tags and/or labels shall be available for inspection by the department for a period of 90 days from the date such tag and/or label is removed and shall be retained in an orderly manner by date.
4. (iv) No person, including retailers, shall receive, purchase, possess, sell, offer for sale, give or cause to be received, purchased, possessed, sold, offered for sale or given, any shellfish tag or label that belongs to another shipper, except the tag or label that is required to be affixed to each container of shellfish pursuant to this Part.
(2) Commingling of shellfish.
1. (i) No person shall pack shellfish from more than one shipper or more than one harvest area, as described in section 42.13(d) of this Part or from different harvest areas without the State, in the same container.
2. (ii) No person shall pack or repack shellfish that have been cultured or farm-raised from more than one culture or cultivation site or from more than one on/off-bottom culture permit holder within the State, in the same container.
3. (iii) No person shall pack or repack shellfish that have been cultured or farm-raised in the same container with wild shellfish that are taken from any cultivation site or harvest area within the State.
4. (iv) Shucked scallops from any harvest area described in section 42.13(d) of this Part may be packed together.
5. (v) By written request to and with the permission of the department, shippers who purchase shellfish from harvesters may define a harvest area. Such harvest areas may combine no more than two adjacent harvest areas. Requests must be addressed to the Bureau of Marine Resources, Shellfish Section, New York State Department of Environmental Conservation.
(3) Shellfish identification.
1. (i) Shellfish dealer tags shall meet the requirements.
  1. (a) The shellfish tag shall be at least 2⅝ inches wide and 5¼ inches long, constructed of a substantial, waterproof and tear-resistant material with a reinforced point of attachment.
  2. (b) All the information on a shellfish tag must be indelible and legible.
  3. (c) The information in subclauses (1) through (9) of this clause must be in the specific order as follows:
    1. (1) shipper's name;
    2. (2) shipper's address;
    3. (3) shipper's permit number with the prefix "NY" and followed by a two-letter shipper designation assigned by the department, either preprinted or stamped;
    4. (4) a place for the original shipper's permit number if different;
    5. (5) harvest date with the shipping date next to the harvest date;
    6. (6) harvest area, including state of origin. (The description of the harvest area for shellfish harvested in New York State must not be less specific than the descriptions set out in section 42.13(d) of this Part; out-of-state harvest areas must be identified by the official or common name);
    7. (7) common name of the shellfish in the container;
    8. (8) the net weight or numerical count or standard measure of the shellfish in the container; and
    9. (9) the following preprinted statement in bold, capitalized type: "THIS TAG IS REQUIRED TO BE ATTACHED UNTIL THE CONTAINER IS EMPTY OR RETAGGED AND THEREAFTER KEPT ON FILE FOR 90 DAYS."
  4. (d) The following indelible statement, or an equivalent statement, shall appear on one side of the tag:
    "RETAILERS, INFORM YOUR CUSTOMERS: Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of foodbourme illness, especially if you have certain medical conditions.”
  5. (e) No person shall fail to describe the areas from which shellfish were harvested. The description of areas for shellfish harvested in New York State shall not be less specific than the descriptions set out in section 42.13(d) of this Part. Out-of-state harvest areas shall be identified by the official or common name of the embayment or body of water.
  6. (f) No person shall fail to indicate whether the shellfish are wild or farm-raised.
  7. (g) No person shall fail to include the on/off-bottom culture permit number for shellfish cultured within the State.
2. (ii) Original shippers and packers.
  1. (a) No original shipper or repacker of shellstock shall fail to tag shellfish in compliance with paragraph (1) of this subdivision.
  2. (b) An original shipper or packer must remove harvesters' tags from the containers of shellfish, and keep them on file in an orderly manner for 90 days; except when the tag is required to remain attached.
(4) Processed shellfish identification.
1. (i) Packers and repackers of processed shellfish.
  1. (a) No packer or repacker of shucked shellfish shall fail to pack such shellfish or portions thereof, in clean and sanitary containers which have been clearly and permanently marked with the packer's and/or the repacker's name, the packer's and/or repackers permit number prefixed with the initials of the state or foreign country that issued the permit, the date such shellfish were shucked, the common name of the shellfish contained in then container, and the net weight or numerical count, or standard measure of the shellfish contained in the container. The date shucked shall appear on the lid and the side wall or bottom of the container. The date shall appear in a format which identifies the day, month and year the product was shucked.
  2. (b) No packer or repacker of processed shellfish shall fail to pack such shellfish, or portions thereof, in clean and sanitary containers which have been clearly and permanently labeled with a lot number when the department determines, as a permit condition, that such labeling with a lot number is necessary.
  3. (c) The labels on containers described in clauses (a) and (b) of this subparagraph may also include a name and/or address prefaced with either "distributed by" or "packed for." In such case the packer's or repacker's permit number shall be included on the labels.
    (b) Receiving, packing and repacking operations for shellstock.
(1) No person shall fail to provide for the competent supervision of workers and/or employees to insure shellstock are not contaminated when received, packed, repacked or otherwise handled.
(2) No person shall fail to receive shellfish that is not reasonably free of mud, sand, clay and other sediment.
(3) No person shall fail to discard dead shellfish or shellfish with cracked or broken shells.
(4) No person shall fail to place shellstock received from a harvester under temperature control within two hours from the time of receipt.
(5) No person shall fail to keep shellstock received from a shellfish dealer under temperature control.
(6) No person shall fail to keep shellstock under temperature control except for brief periods not to exceed two hours to allow for the loading, unloading, culling, packing and repacking of shellstock.
(7) No person shall fail to store shellstock in safe containers. Such containers shall be stored in a manner which will prevent the contamination thereof.
(8) No person shall fail to use equipment for the receiving, packing, repacking or otherwise handling of shellstock that is constructed from easily cleanable, corrosion resistant, impervious materials.
(9) No person shall fail to maintain and clean equipment used for the receiving, packing, repacking or otherwise handling of shellstock.
(10) No person shall place, store or allow to be or stored, shellstock directly on a floor, the ground, street, sidewalk, curb or any other possibly contaminated surface. This may be accomplished by the use of impervious and easily cleanable pallets, racks or other effective devices. Such pallets, racks or other effective devices shall be washed frequently to maintain cleanliness.
(11) No person shall fail to use running water from an approved source to wash shellstock.
(12) No person shall fail to provide adequate cleaning supplies, brushes, detergents and sanitizers.
(c) Processing, packing and repacking of shellfish.
(1) Equipment.
1. (i) No person shall fail to use equipment for the processing, shucking, packing and repacking of shellfish, unless the food contact surfaces of such equipment are constructed from safe, easily cleanable, water impervious, food grade materials that are free from exposed screws, bolts and rivet heads. Lead or other toxic metals shall not be used in the construction of food contact surfaces.
2. (ii) No person shall fail to use equipment for the processing, shucking, packing and repacking of shellfish unless such equipment is non-corroded, clean and sanitary.
3. (iii) No person shall use shucking benches and blocks unless the food contact surfaces of such shucking benches and blocks are constructed from safe, easily cleanable, smooth and water impervious materials. Clothing, supplies and other materials shall not be stored above such shucking benches.
4. (iv) No person shall use machines for shucking, grinding, mincing, blowing, washing or other shellfish processing operations unless such machines are constructed from safe, easily cleanable materials. Such machines shall be cleaned frequently during the work day and at the end of the work day.
5. (v) No person shall fail to install and maintain effective air filters on all blower air pump intakes and no person shall install oil bath type filters on such blower air pump intakes.
6. (vi) No person shall use tools, knives, buckets and other utensils for the processing, shucking, packing and repacking of shellfish unless such tools, knives, buckets and other utensils are constructed from safe, easily cleanable, water impervious, food grade materials that are free from exposed screws, bolts, and rivet heads.
7. (vii) No person shall use tools, knives, buckets and other utensils for the processing, shucking, packing and repacking of shellfish unless such equipment is non-corroded, clean and sanitary.
8. (viii) No person shall fail to frequently clean tools, knives, buckets and other utensils during the working day. At the end of the working day, tools, knives, buckets and other utensils shall be stored and maintained in a manner that will prevent contamination.
9. (ix) No person shall fail to provide a test kit or other device that accurately measures the concentration of chemical sanitizing agents.
10. (x) No person shall fail to wash and sanitize their hands, gloves, tools, knives, buckets and other utensils with an effective disinfecting solution.
11. (xi) No person shall use shucking buckets or other containers which receive shucked shellfish, or portions thereof, when such buckets or containers have been nested, unless exteriors of such buckets or containers have been sanitized before nesting.
12. (xii) No person shall fail to provide a permanently installed three compartment sink for the washing, rinsing and sanitizing of equipment with the following:
  1. (a) hot and cold water;
  2. (b) combination faucets or faucets with mixing valves;
  3. (c) permanently installed drains that are connected to effective and appropriate waste disposal areas; and
  4. (d) adequate supplies of detergent and sanitizers in suitable containers convenient to the sink area;
13. (xiii) No person shall fail to provide an easily accessible and permanently installed hand washing sink in the packing area that complies with the requirements described in section 42.10(b)(1) through (6) of this Part.
(2) Operations.
1. (i) No person shall fail to process, shuck, pack or repack shellfish in a manner which will prevent the development of excessive bacteria in such shellfish.
2. (ii) No person shall fail to separate operations such as shucking, packing and other operations by partitions or other effective methods, when the department determines, as a permit condition, that such separations of such operations as, shucking, packing and other operations are necessary.
3. (iii) No person shall fail to cool shellfish to 45°F (7.2°C) within two hours after shucking, and no person shall fail to maintain such shucked shellfish, or portions thereof, at between 33°F (0.55°C) and 45°F (7.2°C) unless such shellfish, or portions thereof, are frozen and maintained at zero°F (-17.8°C) or lower.
4. (iv) No person shall fail to remove shellfish shells from shucking operation areas frequently during the working day and at the end of the working day.
5. (v) No person shall fail to shuck, process, pack or repack shellfish in clean and sanitary containers, and no person shall fail to protect such containers from contamination and store such containers in a manner that will prevent the contamination thereof.
6. (vi) No person shall use breading, batter, stuffing or similar materials unless such breading, batter, stuffing or similar materials are prepared from safe materials in a clean and sanitary manner in clean and sanitary containers. Such breading, batter, stuffing or similar materials shall be protected from contamination and shall be prepared fresh daily in reasonably small quantities, and shall be maintained between 33°F (0.55°C) and 45°F (7.2°C).
(3) Supervision and personnel.
1. (i) No person shall fail to provide supervision of workers and/or employees to insure that such workers and/or employees do not contaminate shellfish.
2. (ii) No person shall fail to maintain a high standard of personal cleanliness.
3. (iii) No person shall fail to wear clean aprons or coats or uniforms as outer garments.
4. (iv) No person shall fail to wash his or her hands and/or gloves before starting work and after each absence from his or her work station and before changing his or her work station, and whenever his or her hands and/or gloves might have become soiled or contaminated.
5. (v) No person shall use gloves, finger cots or shields which have been made from absorbent material.
6. (vi) No person shall fail to remove hand and wrist jewelry that cannot be sanitized or protected by the use of non absorbent gloves or other shields.
7. (vii) No person shall fail to wear effective hair restraints.
8. (viii) No person shall store clothing or other personal belongings in areas where shellfish are shucked and processed, packed and/or repacked.
9. (ix) No person shall eat food, drink beverages or use tobacco in any form in areas where shucked shellfish or portions thereof, or shellfish ingredients are exposed.
10. (x) No person affected by disease in a communicable form or while a carrier of such disease or while affected by boils, sores, infected wounds or abnormal sources of microbiological contamination shall work in any capacity in a facility, building or structure in which there is reasonable possibility of shellfish or shellfish ingredients becoming contaminated by such person or of a disease being transmitted by such person to other individuals.

(a) Identification of shellfish by shellfish dealers.