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This entry was published on 2014-09-22
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SECTION 13-0315
Shellfish shipper's and processor's permit
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 13, TITLE 3
§ 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.