N.Y.
Environmental Conservation Law Section 13-0315
Shellfish shipper’s and processor’s permit
1.
Prior to the processing, transportation or shipment of shellfish, either in intra-state or inter-state commerce, an appropriate permit to do so shall be obtained from the department. Such permit shall be required of all shippers and dealers in fresh and frozen shellfish within the state, except retail dealers, and shall certify that the holder thereof has complied with all the requirements of sections 13-0309, 13-0311, 13-0313, 13-0317 and 13-0319 and rules and regulations adopted pursuant thereto.2.
A shellfish shipper’s and/or processor’s permit shall be issued only to a person eighteen years or older. The department shall prescribe and furnish forms for application for such permit.3.
Applicants shall pay, and the department shall be entitled to receive, fees according to the type of permit issued, as follows:a.
Class A permit. This permit shall allow the holder thereof and any person in the employ of the permit holder, in accordance with regulations adopted pursuant to § 13-0319 (Shellfish regulations)section 13-0319 of this title, to:(i)
reship shellfish previously shipped by the holder of a class A, B, C, D or E permit issued pursuant to this section, or similar permit issued by the shellfish sanitation control agency of another state or foreign country;(ii)
pack or repack shellstock received from the holder of a digger’s permit, pursuant to § 13-0311 (Digger’s permit to take shellfish for commercial purposes)section 13-0311 of this title; or(iii)
pack or repack shellstock from the holder of a class A, B, C, D or E permit issued pursuant to this section, or similar permit issued by the shellfish sanitation control agency of another state or foreign country. The fee for a class A permit shall be three hundred dollars.b.
Class B permit. This permit shall allow the holder thereof and any person in the employ of the permit holder to engage in the activities authorized by a class A permit, as described in paragraph a of this subdivision, and to otherwise process shellfish as authorized by regulations adopted pursuant to § 13-0319 (Shellfish regulations)section 13-0319 of this title. The fee for a class B permit shall be six hundred dollars.c.
Class C permit. This permit shall allow the holder thereof and any person in the employ of the permit holder, in accordance with regulations adopted pursuant to § 13-0319 (Shellfish regulations)section 13-0319 of this title, to reship shellfish previously shipped by the holder of a class A, B, C, D or E permit issued pursuant to this section, or similar permit issued by the shellfish sanitation control agency of another state or foreign country. The fee for a class C permit shall be two hundred dollars.d.
Class D permit. This permit shall allow the holder thereof, in accordance with regulations adopted pursuant to § 13-0319 (Shellfish regulations)section 13-0319 of this title, to ship shellstock which the holder has legally harvested from shellfish lands of the state. The fee for a class D permit shall be seventy-five dollars.e.
Class E permit. This permit shall allow the holder thereof, members of the permit holder’s immediate family and not more than two employees of the permit holder, in accordance with regulations adopted pursuant to § 13-0319 (Shellfish regulations)section 13-0319 of this title, to shuck and pack bay scallops which have been received from the holder of a digger’s permit, pursuant to § 13-0311 (Digger’s permit to take shellfish for commercial purposes)section 13-0311 of this title, and to ship such scallops in the form of fresh shucked stock only in intrastate commerce. The fee for a class E permit shall be fifty dollars.f.
All permits issued pursuant to this section shall expire on the thirty-first of December of the year of issue. The department may suspend or revoke any such permit at any time on failure of the holder thereof to comply with the conditions thereof.
Source:
Section 13-0315 — Shellfish shipper's and processor's permit, https://www.nysenate.gov/legislation/laws/ENV/13-0315 (updated Sep. 22, 2014; accessed Oct. 26, 2024).
