6 CRR-NY 42.2NY-CRR

OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 6. DEPARTMENT OF ENVIRONMENTAL CONSERVATION
CHAPTER I. FISH AND WILDLIFE
SUBCHAPTER F. MARINE FISHERIES
PART 42. SANITARY CONTROL OVER SHELLFISH
6 CRR-NY 42.2
6 CRR-NY 42.2
42.2 Definitions.
Unless the context otherwise requires, the following terms and their derivatives when used in this Part shall have the following meanings:
(a) Aerobic plate count per gram or milliliter means a bacterial test which counts all bacterial colonies which grow in or on standard methods agar when such agar is incubated aerobically for 45 to 51 hours at 35°C plus or minus 0.5°C.
(b) Approved means acceptable to the department based on a determination as to conformance with appropriate standards and/or good public health practices and/or good manufacturing practices.
(c) Batter means any moist edible preparation containing cereal, milk, eggs and other foodstuffs used individually or in combination in the processing of shellfish for use as food for human consumption.
(d) Breading means any dry edible preparation containing cereal, milk, eggs and other foodstuffs used individually or in combination in the processing of shellfish for use as food for human consumption.
(e) Certified shellfish lands means shellfish lands from which the harvesting of shellfish for use as food is permitted by commissioner's order.
(f) Clean or cleaned means the absence of foul, loathsome, dangerous, toxic, abnormal, impure or unsafe substance.
(g) Coliform group means all of the aerobic and facultative anaerobic gram-negative, nonspore-forming rod-shaped bacteria which will produce gas from lactose when such lactose is incubated for 51 hours or less at 35°C plus or minus 0.5°C.
(h) Commercial sterility means free of viable microorganisms having public health significance and free of viable microorganisms ordinarily capable of reproducing and causing spoilage under normal storage conditions. Commercial sterility of shellfish or other foodstuffs is achieved by the proper application of heat under pressure, or by other effective methods, to such shellfish or such other foodstuffs when such shellfish or such other foodstuffs are contained in hermetically sealed containers. Commercially sterile shellfish or other foodstuffs shall not contain viable bacteria of the coliform group, and viable bacteria capable of growing and/or reproducing in or on standard methods agar when such agar is incubated aerobically for 45 to 51 hours at 35°C plus or minus 0.5°C.
(i) Commissioner means the Commissioner of Environmental Conservation or the commissioner's duly authorized representative.
(j) Container means a receptacle for receiving, shucking, processing, transporting, storing, packing, repacking, shipping or reshipping shellfish.
(k) Contamination means any foul, loathsome, dangerous, toxic or abnormal or impure substance. Contaminated means the presence of such substances.
(l) Critical control point means a point, step or procedure in the handling, packing, processing, shipping or shucking of shellfish at which one or more controls can be applied and a food safety hazard can as a result be prevented, eliminated or reduced to acceptable levels.
(m) Critical limit means the maximum or minimum value to which a physical, biological or chemical parameter must be controlled at a critical control point to prevent, eliminate or reduce to an acceptable level the occurrence of the identified food safety hazard or hazards.
(n) Culture or cultivation means the controlled or partially controlled raising, breeding, growing, planting and containment of marine plant or animal life in any marine hatchery or through on-bottom or off-bottom culture.
(o) Department means the State of New York Department of Environmental Conservation.
(p) Easily cleanable means readily accessible and of such material and finish and so fabricated that residues may be completely removed by normal cleaning methods.
(q) Excessive bacteria means, in the case of shellfish, a fecal coliform MPN per 100 grams of sample in excess of 230 and/or an aerobic plate count per gram of sample in excess of 500,000.
(r) Farmed or farm-raised means any shellfish subject to culture or cultivation as permitted under a permit issued by the department pursuant to Part 48 of this Title.
(s) Fecal coliform means bacteria of the coliform group which will produce gas from EC medium when such medium is incubated for 26 hours or less at 44.5° C plus or minus 0.2°C in a water bath.
(t) Harvester or digger means a person who takes shellfish from shellfish lands. Harvest means to take shellfish from shellfish lands.
(u) Hazardous means actually or potentially dangerous to human health.
(v) Lot number means the identification number which may be assigned to each day's production of a specific shellfish product when such product is produced in a shellfish processing facility.
(w) 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.
(x) Microbiological cleansing means the holding of shellstock in tanks of clean and sanitary water of proper salinity and temperature for the purposes of reducing the numbers of fecal coliform bacteria in such shellstock and otherwise making such shellstock nonhazardous for use as food for human consumption.
(y) 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 and/or approved by the United States Department of Health, and Human Services, Public Health Service, Food and Drug Administration.
(z) Noncommercially sterile means the inverse of commercially sterile.
(aa) Nonhazardous means not actually or potentially dangerous to human health.
(ab) Orderly means the absence of litter, debris, trash, offal or other refuse.
(ac) Original shipper means the first shipper who distributes or sells or offers for sale shellfish to another shipper, reshipper, retailer or ultimate consumer after the harvest of such shellfish or after the purchase of such shellfish from a harvester.
(ad) Packing means placing shellfish in a container. Packer means a person who performs such activities.
(ae) Person means any individual, group of individuals, public or private corporation, industry, copartnership, joint-stock company, association, form, legal entity, trust or estate.
(af) Processing means the shucking, dismembering, cutting, chopping, grinding, heating, freezing, microbiological cleansing, blowing or water storage of shellfish and/or the adding of batter, breading or other foodstuffs to shellfish. Processor means a person who performs such activities.
(ag) Repacking means removing shellfish from a container and placing such shellfish in another container. Repacker means a person who performs such activities.
(ah) Reshipper means a shellfish dealer who receives and redistributes, in wholesale commerce, previously packed shellfish from a shipper, another reshipper or a processor. A reshipper is not authorized to pack, repack, tag or label, retag or relabel containers of shellfish. A reshipper is authorized to remove dead or broken shellfish from containers.
(ai) Retail commerce means the selling or offering for sale of shellfish to an ultimate consumer.
(aj) Safe means nonhazardous.
(ak) Sanitary means free of pathogenic microorganisms and excessive bacteria. Sanitize means to make sanitary.
(al) Sewage means water-borne refuse and/or fecal material of humans and/or other warm- blooded animals.
(am) Shellfish means oysters, clams, mussels or scallops or any edible portion thereof.
(an) Shellfish dealer means any person who engages in the processing, packing repacking, receipt, storage, possession, transportation, distribution or shipment of shellfish.
(ao) 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.
(ap) Shellstock means shellfish in the shell.
(aq) Shipper means a shellfish dealer who receives and distributes or redistributes shellfish, in wholesale commerce, from another shipper, a reshipper or a processor. A shipper is authorized to pack, repack, tag or label, retag or relabel containers of shellstock.
(ar) Shuck means to release shellfish from one or both shells.
(as) Shucking means the release of shellfish from one or both of the shells.
(at) Stuffing means any edible preparation containing batter, breading, shellfish, seasoning, and other foodstuffs used individually or in combination that may be used in the processing of shellfish as food for human consumption.
(au) Standard measure means a bushel with a volume of 2,150.42 cubic inches or otherwise in agreement with criteria set out in the Agriculture and Markets Law, article 16, section 176.
(av) 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°Celsius.
(aw) 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 department's order.
(ax) Unsafe means the inverse of safe.
(ay) Water of drinking quality means water that meets the requirements of Title 10 of the Official Compilation of Codes, Rules and Regulations, Parts 5 and 72.
(az) Water storage means the holding of shellstock harvested from certified shellfish lands in tanks of water for purposes of storage and/or desanding.
(ba) Wholesale commerce means the selling or offering for sale of shellfish, to a person other than the ultimate consumer, and such shellfishing activities as the harvesting, processing, packing, repacking, receiving, storing, possessing, shipping or reshipping of shellfish which may result in such selling or offering for sale.
(bb) Wild means any marine plant or animal life existing in a wild or natural state that are not subject to culture or cultivation under a permit issued by the department pursuant to Part 48 of this Title.
6 CRR-NY 42.2
Current through October 15, 2021
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