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This entry was published on 2014-09-22
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Food and farm products promotion
Agriculture & Markets (AGM) CHAPTER 69, ARTICLE 12-A
§ 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.