2023 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.