N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 14-1.35
No person shall package, distribute, sell, offer for sale or deliver smoked fish or smoked fish products packaged so that oxygen is excluded unless the product has been heat processed after packaging at a temperature and for a time sufficient to destroy all spores of Clostridium botulinum and is packaged in such a fashion that subsequent bacterial contamination is prevented. If not packaged so that oxygen is excluded or if not heat processed to destroy Clostridium botulinum spores and packaged so as to prevent subsequent bacterial contamination, the smoked fish or smoked fish product shall be immediately refrigerated and maintained at a temperature of 38 degrees Fahrenheit or less without interruption until sold to the ultimate consumer.
N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 14-1.35