N.Y. Environmental Conservation Law § 13-0319: Shellfish regulations

§ 13-0319. Shellfish regulations.

The department may adopt regulations with respect to the harvesting,

transplanting, relaying, receiving, possessing, transporting, importing,

exporting, processing, buying, selling of or otherwise trafficking in

shellfish; the labeling or tagging thereof; the keeping of records of

shellfish received, transported and distributed; the construction,

operation and maintenance of all shellfish handling, processing and

distributing establishments, including facilities and equipment and the

cleaning, cleansing and water storage of shellfish. The provisions of

this section relating to transplanting and relaying include but are not

limited to the removal of shellfish from uncertified growing areas and

transplanting to certified areas for subsequent harvest for market

purposes and transplanting of scallops pursuant to section 13-0327. Such

regulations may provide for payment of the reasonable costs of the

department of supervision of removal of shellfish from uncertified

areas, except where such removal is being undertaken by a municipality

or political subdivision. Such regulations shall be drawn in such a

manner as to provide adequate sanitary control over all shellfish

offered for sale and distribution in the state. Such regulations shall

not be less restrictive than the minimum requirements of any federal

agency regulating the inter-state shipment of shellfish.