6 CRR-NY 48.5NY-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 48. MARINE HATCHERIES, ON-BOTTOM AND OFF-BOTTOM CULTURE OF MARINE PLANT AND ANIMAL LIFE
6 CRR-NY 48.5
6 CRR-NY 48.5
48.5 Marking and identification of cultivation products.
(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) the name and quantity of the species contained;
(2) the name and address of the original consignor and consignee; and
(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) the marine hatchery, on-bottom or off-bottom culture permit number and identification as "farmed-raised"; and
(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) the marine hatchery, on-bottom or off-bottom culture permit number and identification as "farmed-raised"; and
(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) the off-bottom culture permit number and identification as "farmed-raised"; and
(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.
(e) No culturist shall be in possession of cultivated shellstock (unshucked) bay scallops and wild bay scallops on the same day.
(f) No culturist shall pack cultivated shellfish from more than one cultivation site, as specified on a permit issued pursuant to this Part, in the same container.
(g) No culturist shall pack cultivated shellfish in the same container with wild shellfish, when taken from any cultivation site or harvest area in the State.
(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) place of origin;
(2) marine hatchery or culture permit number;
(3) month and year of production;
(4) species identification; and
(5) tag number.
(i) The individual tagging of cultured hybrid food fish, or parts thereof, is not required. Documentation of each consignment or sale of cultured hybrid food fish is required and must conform to the provisions of subdivision (j) of this section and section 48.6(b) of this Part.
(j) Each consignment or sale of cultured food fish, other than that to the final consumer, must be accompanied by an invoice or shipping label bearing the date, the number of whole fish or parts contained therein and their tag numbers, the species, the total weight of whole fish or parts contained therein, the culture facility of origin, the consignor and the consignee.
(k) Individual tagging requirements of this section shall not be required for the transfer of live, cultured food fish, to facilities where they will be grown to larger sizes.
(l) All hybrid species must be identified, sold or offered for sale as hybrid products.
6 CRR-NY 48.5
Current through October 15, 2021
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