N.Y. Comp. Codes R. & Regs. tit. 6, § 48.4 – Sale of cultivation products.

(a) Cultivation products of legal size may be sold for consumption or resale.
(b) Subject to the provisions of section 48.5 of this Part, food fish produced through cultivation which are other than legal size or the sale of which is otherwise restricted through sections 13-0339, 11-0303 and 11-1303 of the Environmental Conservation Law and regulations adopted pursuant thereto, may be sold for consumption or resale.
(c) Subject to the provisions of Part 49 of this Title and section 48.5 of this Part, oysters and bay scallops produced through cultivation which are less than legal size or the sale of which is otherwise restricted through sections 13-0323 and 13-0327 of the Environmental Conservation Law and regulations adopted pursuant thereto, may be sold for consumption and resale under the following conditions:
1. (1) Exemption for sale of cultivated bay scallops of less than legal size.
  1. (i) The exemption shall only apply to such bay scallops that are cultivated under an off-bottom culture permit issued by the department; and
  2. (ii) That are offered for sale or sold as shellstock (unshucked) bay scallops.
  3. (iii) No exemption shall apply to cultivated bay scallops that are offered for sale or sold as a shucked product.
2. (2) Bay scallop and oyster seed purchases.
  1. (i) The off-bottom culture permit holder shall report all purchases of bay scallop seed to the department on a form prescribed by the department within 15 days after purchase and receipt of seed scallops. Such report shall include all purchases of bay scallops measuring less than two and one quarter inches from the middle of the hinge to the middle of the bill and that do not contain an annual growth line which shall be subject to off-bottom culture under a permit issued by the department.
  2. (ii) The holder of a marine hatchery, on-bottom or off-bottom culture permit shall report all purchases of oyster seed to the department on a form prescribed by the department within 15 days after purchase and receipt of seed oysters. Such report shall include all purchases of oysters measuring less than three inches in longest diameter which shall be subject to cultivation under a permit issued by the department.
3. (3) Exemption for sale of cultivated oysters.
  1. (i) The exemption shall apply to oysters that are cultivated under a marine hatchery, on-bottom or off-bottom culture permit issued by the department pursuant to section 13-0316 of the Environmental Conservation Law.
  2. (ii) Cultivated oysters of any size may be offered for sale or sold to commercial markets for consumption or resale.