New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter E - Miscellaneous Provisions › Part 84 - Labels › Section 84.1 - Label requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) There
					 shall be affixed to or imprinted upon each container of alcoholic beverages a
					 brand label which shall conform with the appropriate authority rules and
					 Federal Alcohol Administration Act regulations and the term brand labels as
					 used in this Part shall mean all labels required by such rules and
					 regulations.
(b) No manufacturer or
					 wholesaler shall sell to any retailer nor shall any retailer purchase any
					 alcoholic beverages unless labeled in accordance with the authority's rules and
					 Federal regulations and unless such label shall be registered with and approved
					 by the State Liquor Authority.
(c)
					 Each label affixed to any container of alcoholic beverages sold in this State
					 shall be registered with the authority and any difference whatsoever in the
					 information stated on the label except as to fluid contents shall be regarded
					 as establishing a separate label.
(d) Until September 30, 1963, all labels
					 registered with the authority pursuant to this Part shall be deemed approved by
					 the authority unless and until the registrant is notified of disapproval by the
					 authority, provided such label had been previously filed with the authority on
					 or before May 1, 1963.
(e) Labels
					 shall not contain any statement or representation, irrespective of truth or
					 falsity, which, in the judgment of the authority, would tend to deceive the
					 consumer.
(f) Beer means and
					 includes any fermented beverages of any name or description containing one half
					 of one percent or more of alcohol by volume, manufactured from malt, wholly or
					 in part, or from any substitute therefor. Brand label registration is not
					 required for cereal beverages which contain less than one half of one percent
					 alcohol by volume.
(g)
(1) Pursuant to the Alcoholic Beverage
					 Control Law, any fermented beverage of any name or description manufactured
					 from malt, wholly or in part, or from any substitute therefor, is beer. Liquor
					 is limited to distilled or rectified spirits or similar alcoholic beverages.
					 Hence, the use of the term liquor (whether alone or in combination with any
					 other word, such as malt liquor), on labels affixed to any container containing
					 fermented malt beverages, is misleading, tends to deceive consumers and the
					 general public and contravenes the intent and purpose of the Alcoholic Beverage
					 Control Law.
(2) In order to
					 prohibit deception of the consumer and the general public, and to afford them
					 adequate and accurate information as to the quality and identity of alcoholic
					 beverages offered for sale in this State, each label affixed to any container
					 containing fermented beverages manufactured from malt, wholly or in part, or
					 from any substitute therefor, shall have the word beer prominently displayed on
					 the main label thereof; provided, however, that the word beer is not required
					 to appear on any label which:
(i) identifies
					 the contents of the container to which it is affixed as "lager," "ale,"
					 "stout," "porter" or "alcoholic malt beverage"; and
(ii) does not contain the word liquor or any
					 other word which, in common usage, connotes a distilled spirit or a fermented
					 beverage not manufactured wholly or in part from malt or from any substitute
					 therefor.
(3) The
					 provisions of this subdivision shall be effective with respect to all labels
					 affixed to containers sold, offered for sale or delivered in this State from
					 and after July 1, 1975. If and to the extent that the provisions of this
					 subdivision are inconsistent with any other provision of this section, the
					 provisions of this subdivision shall govern.