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This entry was published on 2019-03-29
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SECTION 107-A
Labeling containers of alcoholic beverages
Alcoholic Beverage Control (ABC) CHAPTER 3-B, ARTICLE 8
§ 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.