NY Agric & Mkts L § 67 (2021)
2021 New York Laws AGM - Agriculture and Markets Article 4 - Dairy Products. 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.