N.Y. Agriculture & Markets Law § 156-h: Food and farm products promotion

§ 156-h. Food and farm products promotion. 1. The commissioner may

design, determine and adopt official brands to be used on labels and on

packages and containers to identify New York state food products and New

York state produced or landed aquatic products. The design of such

brand or brands may contain the whole or a part of the seal of the state

of New York. Each of such brands, when adopted by the commissioner, may

be registered as a trade mark in the office of the secretary of state

under the provisions of article twenty-four of the general business law,

or any other provision of law which may hereinafter be enacted relating

to the registration of trade marks. Any such trade mark shall be

registered by the secretary of state without the exaction of any fee

therefor. The commissioner may in his or her discretion register any

such mark with the United States government and any other state or

foreign country.

2. Such brand or mark may be imprinted upon packages or used on labels

upon or attached to packages containing: (a) New York state grown farm

products packed within this state in accordance with official standards

established as provided by this article, article thirteen, article

thirteen-a, article thirteen-b, article thirteen-c and article

thirteen-d of this chapter or New York state produced or landed aquatic

products, subject to and in accordance with rules and regulations to be

promulgated by the commissioner; or

(b) New York state processed food products, manufactured within this

state in accordance with official standards established by the

commissioner pursuant to regulation, which are essentially composed of

New York state grown farm products, provided, however, that whenever the

commissioner determines, after public hearing, that the use of

ingredients not grown or produced in this state is necessary or

beneficial in manufacturing a particular product because such

ingredients are either not grown in New York or unavailable in

sufficient quantity or at a reasonable price to allow the product to be

composed of only New York state grown farm products, the standard for

such product may authorize the inclusion of ingredients not produced in

this state, except that in no event shall an official brand or mark be

approved for use on a food product unless at least fifty-one percent of

its content is derived from New York state grown farm products.

3. Notwithstanding the provisions of subdivision two of this section,

such brand or mark may be imprinted upon packages or labels attached to

packages containing cheddar or American type cheese packed outside this

state provided that such product is manufactured within the state and

meets all other requirements for the inclusion or attachment of such

brand or mark.

4. No such label shall be imprinted on or attached to any package of

fresh or processed products unless said products have been produced and

packed in accordance with an official quality control program

established by the commissioner. The rules and regulations shall provide

for a charge to be made for any inspections, except the commissioner, at

his or her discretion, need not make a charge for inspections carried

out for the purposes of research and development of grades, standards,

inspection and quality control techniques. The commissioner shall cause

to be printed labels bearing a state brand in sufficient quantities to

meet the demand therefor and/or authorize container manufacturers to

imprint the state brand on packages at the time of manufacture or

printing, and may sell such labels or charge a fee for such imprinting

in an amount to be fixed by the commissioner. As an alternative method,

the commissioner may in accordance with rules and regulations rent dies

or cuts of the state brand to persons desiring to manufacture their own

labels for use on fresh or processed products owned and packed by them,

at a price to be fixed by the commissioner. Labels shall be affixed to

or imprinted on packages in the manner prescribed by the rules and

regulations. The label denoting the state brand may be used in

conjunction with and in addition to any regional mark or name for

growers, packers or processors in a county or group of counties and/or

private mark or name under which the grower, packer or processor has

been accustomed to pack and market fresh or processed products. Moneys

derived from the sale or use of labels denoting the state brand shall be

accounted for as to product source and shall be expended as the

commissioner may direct for general publicity purposes and to advertise

products identified with the state brand.

5. The rules and regulations may provide for an advisory committee of

five packers or sellers of the state brand products, who shall advise

the commissioner as to the general plan of any publicity campaign and in

such other matter as the commissioner may request. The members of any

such advisory committee shall serve without compensation. The

commissioner shall have the power, by injunction or otherwise, to

restrain any person who uses or attempts to use any state brand except

in accordance with the provisions of this section.