N.Y. Agriculture & Markets Law § 67: Manufacturers identification markings and grade brands for cheese

§ 67. Manufacturers identification markings and grade brands for

cheese. 1. Every manufacturer of cheddar type cheese made in New York

state shall put a stencil, brand, stamp or label upon such cheese

indicating the variety of cheese as prescribed pursuant to rules and

regulations promulgated by the commissioner pursuant to section

forty-six-a; and no person shall use such markings upon any cheese which

has not been manufactured under sanitary conditions as set forth in

article four of this chapter and in accordance with the rules and

regulations of the commissioner. The commissioner shall procure and

issue on proper application therefor, and under such regulations as to

the custody and use thereof as he may prescribe, a uniform stencil,

brand, stamp or label bearing the words "cheddar cheese," "washed curd

cheese" or "colby cheese," and a different number assigned by the

commissioner for each separate factory to any manufacturer of cheese in

New York state licensed by the commissioner. Every such stencil, brand,

stamp or label shall be used upon the outside of the cheese and shall

not be used upon any other than cheddar, washed curd or colby cheese or

packages containing the same. It shall be unlawful for any person to use

a cheese identification stencil, brand, stamp or label supplied by the

commissioner as herein provided, to mark such cheese which does not

conform to standards established by the commissioner pursuant to section

forty-six-a. Every whole and uncut cheddar type cheese bearing the

numbered identification stencil, brand, stamp or label markings herein

provided shall be deemed to be in compliance with the provisions of

subdivision five, section two hundred one of the agriculture and markets

law.

2. Every manufacturer of New York state cheddar type cheese, or his

registered agent as provided herein, may put a state brand stamp or

stencil issued by the commissioner upon such cheese manufactured in New

York state which meets the requirements of the highest grade for New

York state cheese. Such requirements shall be established by the

commissioner. Such state brand stamp or stencil issued by the

commissioner shall have markings at least one-half inch high, reading on

a first line "grade" and on a second line "New York state brand,"

enclosed within a miniature map of New York state and with the letters

"NYS" superimposed thereon. Every such state brand stamp or stencil

shall bear a different number for each manufacturer.

3. Every manufacturer of New York state cheddar type cheese, or his

registered agent as provided herein, may put a New York standard stamp

or stencil upon such cheese manufactured in New York state which meets

the requirements of the second highest grade for cheese. Such

requirements shall be established by the commissioner. Such New York

standard stamp or stencil shall be issued by the commissioner and shall

have markings at least one-half inch high, reading on a first line

"grade" and on a second line "New York standard," and shall bear a

different number for each manufacturer, but no map of New York state

shall be a part of this stamp or stencil.

4. No person shall by means of any stencil, brand, stamp, label or

other device use identification or grade markings which are similar to

those provided pursuant to subdivisions one, two, and three of this

section, unless authorized by the commissioner to do so.

5. The commissioner shall keep a record in which shall be registered

the name and location of each manufacturer to whom such identification

markings are issued as provided in subdivision one of this section, and

the name and location of each manufacturer and his designated agent to

whom grade markings are issued as provided in subdivisions two and three

of this section. Whenever evidence is found or received by the

commissioner tending to show that the grade-designating stamps or

stencils, as provided in subdivisions two and three of this section,

have been used to mark cheese which does not meet the requirements of

grade for which it is marked, he may order the custodian of such grade

markings to immediately discontinue use thereof and return such stamps

or stencils to the commissioner; and it is further provided that the

commissioner may order the removal or obliteration of such grade

markings as provided herein from the cheese which does not meet the

grade represented and as established by the commissioner. The custodian

to whom such a grade marking device or devices has been issued, and the

use of which has been revoked, or who possesses or has possessed cheese

from which grade marks have been ordered obliterated, shall, upon

request, be granted a hearing before the commissioner or his designated

agent, and at such hearing, said custodian may present evidence to show

why use of such device or devices should be restored to him and

obliterated grade marks on cheese should be replaced. The commissioner

may promulgate rules and regulation pertaining to the use of the New

York state identifications and grade markings issued by him as provided

in this section.