NY Alcoh Bev Ctrl L § 107-A (2021)
2021 New York Laws ABC - Alcoholic Beverage Control Article 8 - General Provisions 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 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.