§ 107-A — Labeling containers of alcoholic beverages

New York § 107-A

• Jurisdiction: New York
• Law ABC: Alcoholic Beverage Control
• Art. 8: General Provisions

Text

§ 107-a. Labeling containers of alcoholic beverages. 1. The liquor\nauthority is hereby authorized to promulgate rules and regulations\ngoverning the labeling and offering of alcoholic beverages bottled,\npackaged, sold or possessed for sale within this state.\n Such regulations shall be calculated to prohibit deception of the\nconsumer; to afford him or her adequate information as to quality and\nidentity; and to achieve national uniformity in so far as possible.\n 2. The bottling, packaging, sale or possession by any licensee of any\nalcoholic beverage not labelled or offered in conformity with this\nsection shall be ground for suspension, revocation or cancellation of\nthe license.\n 3. No alcoholic beverage shall be offered or advertised for sale in\nthis state, including direct interstate shipments under this chapter,\nunless:\n (a) there is a brand or trade name label affixed to or imprinted upon\nthe container of such alcoholic beverage;\n (b) such label is registered with and approved by the authority and\ncontains the information required in this section; and\n (c) the appropriate fee has been paid as provided for in this section.\n 4. An application for registration of a brand or trade name label\nshall be filed by (1) the owner of the brand or trade name if such owner\nis licensed by the authority, or (2) a wholesaler selling such brand who\nis appointed as exclusive agent, in writing, by the owner of the brand\nor trade name for the purpose of filing such application, if the owner\nof the brand or trade name is not licensed by the authority, or (3) any\nwholesaler, with the approval of the authority, in the event that the\nowner of the brand or trade name does not file or is unable to file such\napplication or designate an agent for such purposes, or (4) any\nwholesaler, with the approval of the authority, in the event that the\nowner of the brand or trade name is a retailer who does not file such\napplication, provided that the retailer shall consent to such filing by\nsuch wholesaler. Such retailer may revoke his consent at any time, upon\nwritten notice to the authority and to such wholesaler.\n Unless otherwise permitted or required by the authority, the\napplication for registration of a liquor or wine brand or trade name\nlabel filed pursuant to this section shall be filed by the same licensee\nfiling schedules pursuant to section one hundred one-b of this article.\n Cordials and wines which differ only as to fluid content, age, or\nvintage year, as defined by such regulations, shall be considered the\nsame brand; and those that differ as to type or class may be considered\nthe same brand by the authority where consistent with the purposes of\nthis section.\n (a) (1) The application for registration of a brand or trade name\nlabel shall be filed by certified mail return receipt requested,\nregistered mail return receipt requested, overnight delivery service\nwith proof of mailing, or via electronic filing, on a form prescribed by\nthe authority, and shall contain such information as the authority shall\nrequire. Such application shall be accompanied by the appropriate fee\nprescribed by paragraph (b) of this subdivision and may also require a\nprocessing fee of no more than ten dollars paid to either the authority\nor a third party provider.\n (2) Provided, however, where a brand or trade name label has been\napproved by the Alcohol and Tobacco Tax and Trade Bureau of the United\nStates Department of Treasury, it shall be deemed registered and\napproved by the authority if:\n (i) the applicant submits on a form prescribed by the authority, by\ncertified mail return receipt requested, registered mail return receipt\nrequested, or overnight delivery service with proof of mailing, or via\nelectronic filing, a true copy of the brand or trade name label approval\nissued by the Alcohol and Tobacco Tax and Trade Bureau of the United\nStates Department of Treasury along with the appropriate fee as\nestablished in paragraph (b) of this subdivision; and\n (ii) the authority does not deny such application within seven\nbusiness days after receipt.\n (3) Provided, however, that where a brand or trade name label for wine\nhas been approved by the Alcohol and Tobacco Tax and Trade Bureau of the\nUnited States Department of Treasury, it shall be deemed registered and\napproved by the authority and no application, application fee, or annual\nregistration fee shall be submitted to the authority.\n (b) The annual fee for registration of any brand or trade name label\nfor liquor shall be two hundred fifty dollars; the annual fee for\nregistration of any brand or trade name label for beer, mead or cider\nshall be one hundred fifty dollars; the annual fee for registration of\nany brand or trade name label for wine or wine products shall be fifty\ndollars. Such fee shall be in the form of a check, draft, or via\nelectronic payment. No annual fee for registration of any brand or trade\nname label for wine shall be required if it has been approved by the\nAlcohol and Tobacco Tax and Trade Bureau of the United States Department\nof Treasury pursuant to this section.\n Each brand or trade name label registration approved pursuant to this\nsection shall be valid for a term of three years as set forth by the\nauthority and which shall be pro-rated for partial years as applicable.\n Each brand or trade name label registration approved pursuant to this\nsection shall be valid only for the licensee to whom issued and shall\nnot be transferable.\n (c) If the authority shall deny the application for registration of a\nbrand or trade name label pursuant to this section, it shall return the\nregistration fee to the applicant, less twenty-five per centum of such\nfee and shall notify the applicant, in writing with the specific reasons\nfor its denial.\n (d) The authority may at any time exempt any discontinued brand from\nsuch fee provisions where a manufacturer or wholesaler has an inventory\nof one hundred cases or less of liquor or wine and five hundred cases or\nless of beer, and certifies to the authority in writing that such brand\nis being discontinued. The authority may also at any time exempt any\ndiscontinued brand from such fee provisions where a retailer\ndiscontinuing a brand owned by him has a balance of an order yet to be\ndelivered of fifty cases or less of liquor or wine, or two hundred fifty\ncases or less of beer, mead, wine products or cider.\n (e) The authority shall exempt from such fee provisions the\nregistration of each brand or trade name label used for beer, mead or\ncider that is produced in small size batches totaling fifteen hundred\nbarrels or less of beer, mead or cider annually.\n (f) The authority shall exempt from such fee provisions the\nregistration of each brand or trade name label used for spirits or\nliquor that is produced in small size batches totaling one thousand\ngallons or less of spirits or liquor annually.\n 5. (a) Each brand or trade name label shall contain the following\ninformation:\n (i) the brand or trade name;\n (ii) the class and type (if applicable) of alcoholic beverage in\naccordance with the labeling regulations promulgated by the Alcohol and\nTobacco Tax and Trade Bureau of the United States Department of\nTreasury; and\n (iii) the net contents of the container.\n (b) The brand or trade name label, or a separate label on the front or\nback of the container shall contain information consistent with the\nlabeling regulations promulgated by the Alcohol and Tobacco Tax and\nTrade Bureau of the United States Department of Treasury.\n (c) No brand or trade name label, or any separate label on the front\nor back of the container shall contain:\n (i) any statement that is false or untrue in any particular manner;\n (ii) any statement that is disparaging of a competitor's product;\n (iii) any statement, design, device or representation that is likely\nto mislead the consumer; or\n (iv) any statement or claim of health benefits to be derived from\nconsumption by the consumer.\n (d) A separate label registration shall be required in connection with\nthe registration of a brand or trade name label used where there is a\ndifference in any of the following information:\n (i) the brand or trade name;\n (ii) the class and type (if applicable) of alcoholic beverage in\naccordance with federal label regulations; or\n (iii) a private label owned and sold exclusively by one retailer,\nwhere the alcoholic beverage is manufactured, bottled, or imported by a\ndifferent manufacturer, bottler, or importer, provided all other\ninformation appearing on the label is the same.\n