2023 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.