NY Agric & Mkts L § 156-H (2021)
2021 New York Laws AGM - Agriculture and Markets Article 12-A - Grading of Farm Products 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.