When the department determines that shellfish might be hazardous for use as food for human consumption, such action shall be taken as deemed necessary to protect the public health and welfare. The department may prohibit shellfishing activities, such as, but not limited to, the harvesting, shucking, processing, packing, transporting, selling, and storing of shellfish for use as food. The department may advise the general public, shellfish industry, and public health officials that shellfish might be hazardous for use as food.
N.Y. Comp. Codes R. & Regs. Tit. 6 § 42.16