6 CRR-NY 42.8NY-CRR

STATE 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 42.8
6 CRR-NY 42.8
42.8 Facilities, buildings, structures and surrounding grounds.
(a) No person shall use or construct a new facility, building or structure, nor alter an existing facility, building or structure, for the receiving, packing, processing, storage or handling of shellfish unless it is approved by the department.
(b) No person shall use a facility, building or structure unless it is of such a size that work can be carried out in an orderly and sanitary manner.
(c) No person shall fail to keep a facility, building or structure clean, orderly and in good repair.
(d) No person shall allow access to operational areas of a facility, building or structure to unauthorized persons or employees.
(e) No person shall use a facility, building or structure unless unused or non-essential equipment is stored in areas where shellfish activities are not conducted or such equipment is removed from the premises.
(f) No person shall use a facility building or structure that is subject to flooding during ordinary high tides.
(g) No person shall use a facility, building or structure that becomes flooded.
(1) All shellfish activities shall be discontinued immediately and resumed only after the flood waters have receded.
(2) The facility, building or structure shall be cleaned and sanitized before shellfish operations can resume.
(3) Any shellfish related equipment shall be cleaned and sanitized before it can be used.
(4) Any shellfish packaging materials that have come into contact with flood waters must be adequately disposed of.
(h) No person shall use a facility, building or structure that does not have adequate drainage in parking areas, driveways and surrounding grounds.
(i) No person shall fail to provide adequate control of insects, vermin, birds, wild and domestic animals.
(1) A facility, building or structure shall be constructed to prevent insects, vermin, birds, wild and domestic animals from entering the premises.
(2) Openable exterior windows shall be effectively screened, or otherwise protected.
(3) Exterior doors shall be solid, tight-fitting, self-closing and kept in proper working condition; air screens or similar exclusion devices may be used and shall be kept in proper working condition.
(4) Other potential entrance places such as around chimneys, vent pipes and heating or cooling duct work shall be screened or otherwise protected.
(5) Exterior waste disposal receptacles shall have closable lids that prevent the entrance of insects, vermin, birds, wild and domestic animals.
(6) Areas surrounding a facility, building or structure shall be free from conditions which may attract insects, vermin, birds, wild and domestic animals.
(j) No person shall use a facility, building or structure that does not have adequately constructed walls, ceilings and floors.
(1) Walls shall be covered with smooth, impervious and light-colored material.
(2) Ceilings shall be covered with smooth and light-colored material.
(3) Floors shall be constructed of smooth and impervious materials, graded to effectively drain and maintained to be free from cracks or uneven surfaces that prevent proper drainage and cleaning.
(4) Floor drains shall be located within the facility, building or structure. Such floor drains shall effectively prevent the backflow of waste waters and odors and be connected to an acceptable disposal system that complies with applicable plumbing codes.
(5) Junctions between floors and walls shall be sealed and impervious.
(k) No person shall use a facility, building or structure that does not have adequate lighting sufficient to observe all areas.
(1) In areas where shellfish are received, handled, packed, repacked, processed or stored, light bulbs, tubes and other sources of illumination shall be shielded, coated or otherwise shatter resistant.
(l) No person shall use a facility, building or structure unless an adequate number of refuse containers are provided within the facility. Such containers shall be maintained in good condition and emptied regularly throughout the work day.
(m) No person shall fail to store cleaning compounds, sanitizers, pesticides, other chemicals and other potentially unsafe substances in areas separated from shellfish storage and shellfish-related activities.
(n) Shellfish receiving, packing, repacking and processing areas.
(1) No person shall receive, handle, pack, repack and/or process shellfish in unapproved areas of a facility, building or structure.
(2) No person shall use an area of a facility, building or structure to receive, handle, pack, repack and/or process shellfish unless it meets the requirements in subdivisions (a) through (m) of this section.
(o) Shellfish microbiological cleansing facilities.
(1) No person shall microbiologically cleanse shellfish in unapproved areas of a facility, building or structure.
(2) No person shall use an area of a facility, building or structure to microbiologically cleanse shellfish unless it meets the requirements in subdivisions (a) through (m) of this section.
6 CRR-NY 42.8
Current through October 15, 2021
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