State Codes and Statutes

Statutes > New-york > Env > Article-13 > Title-3 > 13-0315

§ 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.

State Codes and Statutes

Statutes > New-york > Env > Article-13 > Title-3 > 13-0315

§ 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.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Env > Article-13 > Title-3 > 13-0315

§ 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.