§ 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. 2. Such regulations shall be calculated to prohibit deception of the consumer; to afford him adequate information as to quality and identity; and to achieve national uniformity in this field in so far as possible. 3. 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. 4. (a) No liquor, wine or beer shall be labelled, offered or advertised for sale unless in accordance with this section and unless the brand or trade name label affixed to or imprinted upon the container of such alcoholic beverage shall have been registered with and approved by the authority and the appropriate fee paid as provided for in this section. (b) 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 chapter. 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. (c) * (1) The application for registration of a brand or trade name label shall be filed by registered mail, return receipt requested, 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 (d) of this subdivision. * NB Effective until January 11, 2011 * (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, or overnight delivery service with proof of mailing, 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 (d) of this subdivision. * NB Effective January 11, 2011 (2) Provided, however, where a brand or trade name label has been approved by the federal bureau of alcohol, tobacco and firearms, it shall be deemed registered and approved by the authority if:* (i) the applicant submits on a form prescribed by the authority, by registered mail, return receipt requested, a true copy of the brand or trade name label approval issued by the federal bureau of alcohol, tobacco and firearms along with the appropriate fee as established in paragraph (d) of this subdivision; and * NB Effective until January 11, 2011 * (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, a true copy of the brand or trade name label approval issued by the federal bureau of alcohol, tobacco and firearms along with the appropriate fee as established in paragraph (d) of this subdivision; and * NB Effective January 11, 2011 (ii) the authority does not deny such application within thirty days after receipt. (3) Provided, however, that where a brand or trade name label for wine has been approved by the federal bureau of alcohol, tobacco and firearms, 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. (d) 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 shall be one hundred fifty dollars; the annual fee for registration of any brand or trade name label for wine shall be fifty dollars. Such fee shall be in the form of a check or draft. No annual fee for registration of any brand or trade name label for wine shall be required if it has been approved by the federal bureau of alcohol, tobacco and firearms pursuant to this section. Each brand or trade name label registration approved pursuant to this section shall be valid for a term which shall run concurrently with the term of the license of the person registering such brand or trade name label. 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. (e) 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. (f) When not inconsistent with the purposes of this subdivision and whenever necessary to avoid practical difficulties or unnecessary hardship to any licensee affected by this section, the authority may, until October first, nineteen hundred sixty-three, exempt any brand from the fee provisions of this subdivision upon satisfactory showing by the licensee that such brand is being discontinued. 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. (g) The authority shall exempt from such fee provisions the registration of each brand label used for beer that is produced in smallsize batches on the licensed premises in batches totaling fifteen hundred barrels of beer or less annually.
§ 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. 2. Such regulations shall be calculated to prohibit deception of the consumer; to afford him adequate information as to quality and identity; and to achieve national uniformity in this field in so far as possible. 3. 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. 4. (a) No liquor, wine or beer shall be labelled, offered or advertised for sale unless in accordance with this section and unless the brand or trade name label affixed to or imprinted upon the container of such alcoholic beverage shall have been registered with and approved by the authority and the appropriate fee paid as provided for in this section. (b) 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 chapter. 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. (c) * (1) The application for registration of a brand or trade name label shall be filed by registered mail, return receipt requested, 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 (d) of this subdivision. * NB Effective until January 11, 2011 * (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, or overnight delivery service with proof of mailing, 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 (d) of this subdivision. * NB Effective January 11, 2011 (2) Provided, however, where a brand or trade name label has been approved by the federal bureau of alcohol, tobacco and firearms, it shall be deemed registered and approved by the authority if:* (i) the applicant submits on a form prescribed by the authority, by registered mail, return receipt requested, a true copy of the brand or trade name label approval issued by the federal bureau of alcohol, tobacco and firearms along with the appropriate fee as established in paragraph (d) of this subdivision; and * NB Effective until January 11, 2011 * (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, a true copy of the brand or trade name label approval issued by the federal bureau of alcohol, tobacco and firearms along with the appropriate fee as established in paragraph (d) of this subdivision; and * NB Effective January 11, 2011 (ii) the authority does not deny such application within thirty days after receipt. (3) Provided, however, that where a brand or trade name label for wine has been approved by the federal bureau of alcohol, tobacco and firearms, 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. (d) 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 shall be one hundred fifty dollars; the annual fee for registration of any brand or trade name label for wine shall be fifty dollars. Such fee shall be in the form of a check or draft. No annual fee for registration of any brand or trade name label for wine shall be required if it has been approved by the federal bureau of alcohol, tobacco and firearms pursuant to this section. Each brand or trade name label registration approved pursuant to this section shall be valid for a term which shall run concurrently with the term of the license of the person registering such brand or trade name label. 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. (e) 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. (f) When not inconsistent with the purposes of this subdivision and whenever necessary to avoid practical difficulties or unnecessary hardship to any licensee affected by this section, the authority may, until October first, nineteen hundred sixty-three, exempt any brand from the fee provisions of this subdivision upon satisfactory showing by the licensee that such brand is being discontinued. 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. (g) The authority shall exempt from such fee provisions the registration of each brand label used for beer that is produced in smallsize batches on the licensed premises in batches totaling fifteen hundred barrels of beer or less annually.
§ 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. 2. Such regulations shall be calculated to prohibit deception of the consumer; to afford him adequate information as to quality and identity; and to achieve national uniformity in this field in so far as possible. 3. 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. 4. (a) No liquor, wine or beer shall be labelled, offered or advertised for sale unless in accordance with this section and unless the brand or trade name label affixed to or imprinted upon the container of such alcoholic beverage shall have been registered with and approved by the authority and the appropriate fee paid as provided for in this section. (b) 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 chapter. 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. (c) * (1) The application for registration of a brand or trade name label shall be filed by registered mail, return receipt requested, 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 (d) of this subdivision. * NB Effective until January 11, 2011 * (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, or overnight delivery service with proof of mailing, 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 (d) of this subdivision. * NB Effective January 11, 2011 (2) Provided, however, where a brand or trade name label has been approved by the federal bureau of alcohol, tobacco and firearms, it shall be deemed registered and approved by the authority if:* (i) the applicant submits on a form prescribed by the authority, by registered mail, return receipt requested, a true copy of the brand or trade name label approval issued by the federal bureau of alcohol, tobacco and firearms along with the appropriate fee as established in paragraph (d) of this subdivision; and * NB Effective until January 11, 2011 * (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, a true copy of the brand or trade name label approval issued by the federal bureau of alcohol, tobacco and firearms along with the appropriate fee as established in paragraph (d) of this subdivision; and * NB Effective January 11, 2011 (ii) the authority does not deny such application within thirty days after receipt. (3) Provided, however, that where a brand or trade name label for wine has been approved by the federal bureau of alcohol, tobacco and firearms, 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. (d) 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 shall be one hundred fifty dollars; the annual fee for registration of any brand or trade name label for wine shall be fifty dollars. Such fee shall be in the form of a check or draft. No annual fee for registration of any brand or trade name label for wine shall be required if it has been approved by the federal bureau of alcohol, tobacco and firearms pursuant to this section. Each brand or trade name label registration approved pursuant to this section shall be valid for a term which shall run concurrently with the term of the license of the person registering such brand or trade name label. 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. (e) 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. (f) When not inconsistent with the purposes of this subdivision and whenever necessary to avoid practical difficulties or unnecessary hardship to any licensee affected by this section, the authority may, until October first, nineteen hundred sixty-three, exempt any brand from the fee provisions of this subdivision upon satisfactory showing by the licensee that such brand is being discontinued. 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. (g) The authority shall exempt from such fee provisions the registration of each brand label used for beer that is produced in smallsize batches on the licensed premises in batches totaling fifteen hundred barrels of beer or less annually.
