N.Y. Environmental Conservation Law § 13-0315: Shellfish shipper's and processor's permit

§ 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 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 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 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 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 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

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 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.