(a) Marine plant or animal life permitted by the department to be possessed, raised and bred in a marine hatchery or through on-bottom or off-bottom culture, pursuant to section 13-0316 of the Environmental Conservation Law and the provisions of this Part, may be sold to other permitted hatcheries, educational and scientific institutions, persons holding a valid on-bottom and off-bottom culture permit and, as specifically provided in section 48.4 of this Part, to commercial markets for consumption or resale provided that each shipping container is marked with a label bearing the following information:

1. (1) the name and quantity of the species contained;
2. (2) the name and address of the original consignor and consignee; and
3. (3) the marine hatchery, on-bottom and off-bottom culture permit number of the original consignor.

(b) Prior to the sale of cultivated shellfish for consumption or resale, except for shellstock (unshucked) bay scallops, to the holder of a valid class A or B shellfish dealer's permit who has a place of business in the County of Nassau or Suffolk, the culturist shall affix to each container a shellfish tag as required by the provisions of section 42.13(a)(5) of this Title. In addition to the tagging requirements in section 42.13(a)(5) of this Title, each shellfish tag must indicate, in waterproof ink, the following:

1. (1) the marine hatchery, on-bottom or off-bottom culture permit number and identification as "farmed-raised"; and
2. (2) the statement "Keep Refrigerated" or an equivalent statement.

(c) Prior to the sale and shipment of cultivated shellfish for consumption or resale, except for shellstock (unshucked) bay scallops, the culturist shall affix to each container a shellfish dealer tag as required by the provisions of section 42.11(a)(3) of this Title. In addition to the tagging requirements in section 42.11(a)(3) of this Title, each shellfish tag must indicate, in waterproof ink, the following:

1. (1) the marine hatchery, on-bottom or off-bottom culture permit number and identification as "farmed-raised"; and
2. (2) the statement "Keep Refrigerated" or an equivalent statement.

(d) Prior to the sale and shipment of cultivated shellstock (unshucked) bay scallops authorized pursuant to the provisions of section 48.4(c) of this Part to commercial markets for consumption or resale, the culturist shall affix to each container a shellfish dealer tag as required by the provisions of section 42.11(a)(3) of this Title. In addition to the tagging requirements in section 42.11(a)(3) of this Title, each shellfish dealer tag shall be yellow in color with black lettering and must indicate, in water proof ink, the following:

1. (1) the off-bottom culture permit number and identification as "farmed-raised"; and

2. (2) the statement "Keep Refrigerated" or an equivalent statement.

   The shellfish dealer tag affixed to each container of cultivated shellstock bay scallops shall remain attached to such container until the bay scallops are prepared for final consumption or sold to the final consumer.

(h) Prior to being sold as a food product, each individual food fish, other than hybrids or parts thereof, shall bear a serially numbered tag provided and applied by the culturist. The tag must be used in ascending numerical order and shall be firmly attached to each whole fish or to each part thereof. The tag must remain attached until the product is prepared for final consumption and must be cut or broken in half, rendering it unusable, upon preparation of the product for consumption. The following information must appear on each tag:

1. (1) place of origin;
2. (2) marine hatchery or culture permit number;
3. (3) month and year of production;
4. (4) species identification; and
5. (5) tag number.