N.Y. Alcoholic Beverage Control Law § 107-a: Labeling containers of alcoholic beverages

§ 107-a. Labeling containers of alcoholic beverages. 1. The liquor

authority is hereby authorized to promulgate rules and regulations

governing the labeling and offering of alcoholic beverages bottled,

packaged, sold or possessed for sale within this state.

Such regulations shall be calculated to prohibit deception of the

consumer; to afford him or her adequate information as to quality and

identity; and to achieve national uniformity in so far as possible.

2. The bottling, packaging, sale or possession by any licensee of any

alcoholic beverage not labelled or offered in conformity with this

section shall be ground for suspension, revocation or cancellation of

the license.

3. No alcoholic beverage shall be offered or advertised for sale in

this state, including direct interstate shipments under this chapter,

unless:

(a) there is a brand or trade name label affixed to or imprinted upon

the container of such alcoholic beverage;

(b) such label is registered with and approved by the authority and

contains the information required in this section; and

(c) the appropriate fee has been paid as provided for in this section.

4. An application for registration of a brand or trade name label

shall be filed by (1) the owner of the brand or trade name if such owner

is licensed by the authority, or (2) a wholesaler selling such brand who

is appointed as exclusive agent, in writing, by the owner of the brand

or trade name for the purpose of filing such application, if the owner

of the brand or trade name is not licensed by the authority, or (3) any

wholesaler, with the approval of the authority, in the event that the

owner of the brand or trade name does not file or is unable to file such

application or designate an agent for such purposes, or (4) any

wholesaler, with the approval of the authority, in the event that the

owner of the brand or trade name is a retailer who does not file such

application, provided that the retailer shall consent to such filing by

such wholesaler. Such retailer may revoke his consent at any time, upon

written notice to the authority and to such wholesaler.

Unless otherwise permitted or required by the authority, the

application for registration of a liquor or wine brand or trade name

label filed pursuant to this section shall be filed by the same licensee

filing schedules pursuant to section one hundred one-b of this article.

Cordials and wines which differ only as to fluid content, age, or

vintage year, as defined by such regulations, shall be considered the

same brand; and those that differ as to type or class may be considered

the same brand by the authority where consistent with the purposes of

this section.

(a) (1) The application for registration of a brand or trade name

label shall be filed by certified mail return receipt requested,

registered mail return receipt requested, overnight delivery service

with proof of mailing, or via electronic filing, on a form prescribed by

the authority, and shall contain such information as the authority shall

require. Such application shall be accompanied by the appropriate fee

prescribed by paragraph (b) of this subdivision and may also require a

processing fee of no more than ten dollars paid to either the authority

or a third party provider.

(2) Provided, however, where a brand or trade name label has been

approved by the Alcohol and Tobacco Tax and Trade Bureau of the United

States Department of Treasury, it shall be deemed registered and

approved by the authority if:

(i) the applicant submits on a form prescribed by the authority, by

certified mail return receipt requested, registered mail return receipt

requested, or overnight delivery service with proof of mailing, or via

electronic filing, a true copy of the brand or trade name label approval

issued by the Alcohol and Tobacco Tax and Trade Bureau of the United

States Department of Treasury along with the appropriate fee as

established in paragraph (b) of this subdivision; and

(ii) the authority does not deny such application within seven

business days after receipt.

(3) Provided, however, that where a brand or trade name label for wine

has been approved by the Alcohol and Tobacco Tax and Trade Bureau of the

United States Department of Treasury, it shall be deemed registered and

approved by the authority and no application, application fee, or annual

registration fee shall be submitted to the authority.

(b) The annual fee for registration of any brand or trade name label

for liquor shall be two hundred fifty dollars; the annual fee for

registration of any brand or trade name label for beer, mead or cider

shall be one hundred fifty dollars; the annual fee for registration of

any brand or trade name label for wine or wine products shall be fifty

dollars. Such fee shall be in the form of a check, draft, or via

electronic payment. No annual fee for registration of any brand or trade

name label for wine shall be required if it has been approved by the

Alcohol and Tobacco Tax and Trade Bureau of the United States Department

of Treasury pursuant to this section.

Each brand or trade name label registration approved pursuant to this

section shall be valid for a term of three years as set forth by the

authority and which shall be pro-rated for partial years as applicable.

Each brand or trade name label registration approved pursuant to this

section shall be valid only for the licensee to whom issued and shall

not be transferable.

(c) If the authority shall deny the application for registration of a

brand or trade name label pursuant to this section, it shall return the

registration fee to the applicant, less twenty-five per centum of such

fee and shall notify the applicant, in writing with the specific reasons

for its denial.

(d) The authority may at any time exempt any discontinued brand from

such fee provisions where a manufacturer or wholesaler has an inventory

of one hundred cases or less of liquor or wine and five hundred cases or

less of beer, and certifies to the authority in writing that such brand

is being discontinued. The authority may also at any time exempt any

discontinued brand from such fee provisions where a retailer

discontinuing a brand owned by him has a balance of an order yet to be

delivered of fifty cases or less of liquor or wine, or two hundred fifty

cases or less of beer, mead, wine products or cider.

(e) The authority shall exempt from such fee provisions the

registration of each brand or trade name label used for beer, mead or

cider that is produced in small size batches totaling fifteen hundred

barrels or less of beer, mead or cider annually.

(f) The authority shall exempt from such fee provisions the

registration of each brand or trade name label used for spirits or

liquor that is produced in small size batches totaling one thousand

gallons or less of spirits or liquor annually.

5. (a) Each brand or trade name label shall contain the following

information:

(i) the brand or trade name;

(ii) the class and type (if applicable) of alcoholic beverage in

accordance with the labeling regulations promulgated by the Alcohol and

Tobacco Tax and Trade Bureau of the United States Department of

Treasury; and

(iii) the net contents of the container.

(b) The brand or trade name label, or a separate label on the front or

back of the container shall contain information consistent with the

labeling regulations promulgated by the Alcohol and Tobacco Tax and

Trade Bureau of the United States Department of Treasury.

(c) No brand or trade name label, or any separate label on the front

or back of the container shall contain:

(i) any statement that is false or untrue in any particular manner;

(ii) any statement that is disparaging of a competitor's product;

(iii) any statement, design, device or representation that is likely

to mislead the consumer; or

(iv) any statement or claim of health benefits to be derived from

consumption by the consumer.

(d) A separate label registration shall be required in connection with

the registration of a brand or trade name label used where there is a

difference in any of the following information:

(i) the brand or trade name;

(ii) the class and type (if applicable) of alcoholic beverage in

accordance with federal label regulations; or

(iii) a private label owned and sold exclusively by one retailer,

where the alcoholic beverage is manufactured, bottled, or imported by a

different manufacturer, bottler, or importer, provided all other

information appearing on the label is the same.