§ 67 — Manufacturers identification markings and grade brands for cheese

§ 67. Manufacturers identification markings and grade brands for\ncheese. 1. Every manufacturer of cheddar type cheese made in New York\nstate shall put a stencil, brand, stamp or label upon such cheese\nindicating the variety of cheese as prescribed pursuant to rules and\nregulations promulgated by the commissioner pursuant to section\nforty-six-a; and no person shall use such markings upon any cheese which\nhas not been manufactured under sanitary conditions as set forth in\narticle four of this chapter and in accordance with the rules and\nregulations of the commissioner. The commissioner shall procure and\nissue on proper application therefor, and under such regulations as to\nthe custody and use thereof as he may prescribe, a uniform stencil,\nbrand, stamp or label bearing the words "cheddar cheese," "washed curd\ncheese" or "colby cheese," and a different number assigned by the\ncommissioner for each separate factory to any manufacturer of cheese in\nNew York state licensed by the commissioner. Every such stencil, brand,\nstamp or label shall be used upon the outside of the cheese and shall\nnot be used upon any other than cheddar, washed curd or colby cheese or\npackages containing the same. It shall be unlawful for any person to use\na cheese identification stencil, brand, stamp or label supplied by the\ncommissioner as herein provided, to mark such cheese which does not\nconform to standards established by the commissioner pursuant to section\nforty-six-a. Every whole and uncut cheddar type cheese bearing the\nnumbered identification stencil, brand, stamp or label markings herein\nprovided shall be deemed to be in compliance with the provisions of\nsubdivision five, section two hundred one of the agriculture and markets\nlaw.\n 2. Every manufacturer of New York state cheddar type cheese, or his\nregistered agent as provided herein, may put a state brand stamp or\nstencil issued by the commissioner upon such cheese manufactured in New\nYork state which meets the requirements of the highest grade for New\nYork state cheese. Such requirements shall be established by the\ncommissioner. Such state brand stamp or stencil issued by the\ncommissioner shall have markings at least one-half inch high, reading on\na first line "grade" and on a second line "New York state brand,"\nenclosed within a miniature map of New York state and with the letters\n"NYS" superimposed thereon. Every such state brand stamp or stencil\nshall bear a different number for each manufacturer.\n 3. Every manufacturer of New York state cheddar type cheese, or his\nregistered agent as provided herein, may put a New York standard stamp\nor stencil upon such cheese manufactured in New York state which meets\nthe requirements of the second highest grade for cheese. Such\nrequirements shall be established by the commissioner. Such New York\nstandard stamp or stencil shall be issued by the commissioner and shall\nhave markings at least one-half inch high, reading on a first line\n"grade" and on a second line "New York standard," and shall bear a\ndifferent number for each manufacturer, but no map of New York state\nshall be a part of this stamp or stencil.\n 4. No person shall by means of any stencil, brand, stamp, label or\nother device use identification or grade markings which are similar to\nthose provided pursuant to subdivisions one, two, and three of this\nsection, unless authorized by the commissioner to do so.\n 5. The commissioner shall keep a record in which shall be registered\nthe name and location of each manufacturer to whom such identification\nmarkings are issued as provided in subdivision one of this section, and\nthe name and location of each manufacturer and his designated agent to\nwhom grade markings are issued as provided in subdivisions two and three\nof this section. Whenever evidence is found or received by the\ncommissioner tending to show that the grade-designating stamps or\nstencils, as provided in subdivisions two and three of this section,\nhave been used to mark cheese which does not meet the requirements of\ngrade for which it is marked, he may order the custodian of such grade\nmarkings to immediately discontinue use thereof and return such stamps\nor stencils to the commissioner; and it is further provided that the\ncommissioner may order the removal or obliteration of such grade\nmarkings as provided herein from the cheese which does not meet the\ngrade represented and as established by the commissioner. The custodian\nto whom such a grade marking device or devices has been issued, and the\nuse of which has been revoked, or who possesses or has possessed cheese\nfrom which grade marks have been ordered obliterated, shall, upon\nrequest, be granted a hearing before the commissioner or his designated\nagent, and at such hearing, said custodian may present evidence to show\nwhy use of such device or devices should be restored to him and\nobliterated grade marks on cheese should be replaced. The commissioner\nmay promulgate rules and regulation pertaining to the use of the New\nYork state identifications and grade markings issued by him as provided\nin this section.\n