N.Y. Agriculture & Markets Law § 172-b: Enforcement of article

§ 172-b. Enforcement of article. The state department of agriculture

and markets shall enforce the provisions of this article, and it is

hereby authorized and empowered to approve and register such brands and

labels intended for use under the provisions of this article as may be

submitted to it for that purpose and as may in its judgment conform to

the requirements of this article; provided, however, that in any

prosecution under this article the fact that any brand or label involved

in said prosecution has not been submitted to such board for approval,

or if submitted, has not been approved by it, shall be immaterial.