N.Y. Comp. Codes R. & Regs. tit. 6 § 42.5

Current through Register Vol. 46, No. 51, December 18, 2024

Section 42.5 - Shellfish Dealer Education

(a) Prior to the issuance of a shellfish dealer permit, the applicant must be trained in current good manufacturing practices which includes, at minimum, that reasonable measures and precautions must be taken as related to the following:

(1) Personnel and all employees.

(i) Shall not be permitted to conduct shellfish related activities if any observations of illness, boils, open lesions, sores, infected wounds or any other abnormal source of microbial contamination by which there is a possibility of food, food-contact surfaces or food packaging materials becoming contaminated. Shellfish related activities may be resumed when the condition has been corrected or if boils, open lesions, sores, infected wounds are adequately covered with impermeable material(s).

(ii) While on duty, hygienic practices to the extent necessary to protect against allergen crosscontact and contamination of food shall include but are not limited to wearing outer garments suitable to the shellfish related activity; maintenance of personal cleanliness; thorough hand washing and sanitizing when hands may have become soiled or contaminated or at frequencies related to the shellfish activity; removing all unsecured jewelry, and other objects that may fall into food, equipment, or containers; wearing gloves and effective hair restraints; storing clothing and personal items where any shellfish related activities are not being conducted; and, prohibit eating, drinking, gum chewing and tobacco use where any shellfish related activities are conducted.

(2) Facilities and grounds.

(i) Construction and design of any facility used for conducting any shellfish related activity shall be suitable in size to provide adequate space for personnel to perform their duties, the storage of equipment, packaging material, separation of operations which may include the use of partitions, and to facilitate maintenance and sanitary operations. Adequate illumination in all areas where shellfish related activities are conducted, including hand washing stations, and adequate ventilation to minimize dust, odors, vapors, steam, and noxious fumes shall be provided. Adequate screening or other protection against pests must also be provided.

(ii) The grounds around the facility including driveways, walkways, yards, and parking lots shall be maintained. The proper storage of equipment, adequate drainage, removal of litter and waste, and cutting weeds or grass within the immediate vicinity of the facility must also be maintained to deter pests from breeding near the facility, or from entering the facility.

(3) Sanitary operations.

(i) Safety of water that may come in contact with food or food contact surfaces which also includes the proper uses of backflow and back-siphon prevention devices, and proper sewage disposal systems. Ice, ice machine reservoirs, and any part of the ice machine that comes in contact with the ice produced must also be protected from dirt and bacterial or chemical contaminants.

(ii) The condition and cleanliness of food contact surfaces which includes, but is not limited to, all equipment, utensils, outer garments, gloves, hands, and packaging material that food may contact. All food contact surfaces must be constructed of safe, non-porous, and easily cleanable materials.

(iii) The prevention of cross-contamination includes the protection of shellfish and any equipment, utensils, containers, pallets used in connection with shellfish from contamination including, but not limited to, splash from foot traffic or other sources when received, during storage, and at points of transfer. Shellfish must be stored separately from non-related shellfish activities by means of adequate barriers, or by space and time.

(iv) The maintenance of hand washing, hand sanitizing, and toilet facilities must be adequately and properly supplied. Toilet facilities must have self-closing doors, be kept clean, functional, and properly plumbed.

(v) The protection of shellfish, ice, and food contact surfaces from adulterants which includes condensate and any other physical, chemical, or biological contaminants.

(vi) The proper use, labeling and storage of toxic materials which includes, but is not limited to, cleaning compounds, sanitizing solutions, lubricants, pesticides, and rodenticides.

(vii) The exclusion of pests including vermin, insects, birds, wild or domestic animals from the facility, vessels, and conveyances used for transporting shellfish, and any other areas where shellfish related activities may take place.

(b) Every employee of the shellfish dealer shall receive training in current good manufacturing practices to ensure that the responsibilities and tasks assigned to the employee are sufficient to address each paragraph described in subdivision (a) of this section as it relates to the responsibilities and tasks assigned to that employee.

(c) Every new employee of the shellfish dealer shall receive training in current good manufacturing practices as provided in subdivision (b) of this section within thirty days of initial hiring.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 42.5

Amended New York State Register November 1, 2023/Volume XLIV, Issue 44, eff. 11/1/2023