§ 67. Manufacturers identification markings and grade brands for
cheese. 1. Every manufacturer of cheddar type cheese made in New York
state shall put a stencil, brand, stamp or label upon such cheese
indicating the variety of cheese as prescribed pursuant to rules and
regulations promulgated by the commissioner pursuant to section
forty-six-a; and no person shall use such markings upon any cheese which
has not been manufactured under sanitary conditions as set forth in
article four of this chapter and in accordance with the rules and
regulations of the commissioner. The commissioner shall procure and
issue on proper application therefor, and under such regulations as to
the custody and use thereof as he may prescribe, a uniform stencil,
brand, stamp or label bearing the words "cheddar cheese," "washed curd
cheese" or "colby cheese," and a different number assigned by the
commissioner for each separate factory to any manufacturer of cheese in
New York state licensed by the commissioner. Every such stencil, brand,
stamp or label shall be used upon the outside of the cheese and shall
not be used upon any other than cheddar, washed curd or colby cheese or
packages containing the same. It shall be unlawful for any person to use
a cheese identification stencil, brand, stamp or label supplied by the
commissioner as herein provided, to mark such cheese which does not
conform to standards established by the commissioner pursuant to section
forty-six-a. Every whole and uncut cheddar type cheese bearing the
numbered identification stencil, brand, stamp or label markings herein
provided shall be deemed to be in compliance with the provisions of
subdivision five, section two hundred one of the agriculture and markets
law.

2. Every manufacturer of New York state cheddar type cheese, or his
registered agent as provided herein, may put a state brand stamp or
stencil issued by the commissioner upon such cheese manufactured in New
York state which meets the requirements of the highest grade for New
York state cheese. Such requirements shall be established by the
commissioner. Such state brand stamp or stencil issued by the
commissioner shall have markings at least one-half inch high, reading on
a first line "grade" and on a second line "New York state brand,"
enclosed within a miniature map of New York state and with the letters
"NYS" superimposed thereon. Every such state brand stamp or stencil
shall bear a different number for each manufacturer.

3. Every manufacturer of New York state cheddar type cheese, or his
registered agent as provided herein, may put a New York standard stamp
or stencil upon such cheese manufactured in New York state which meets
the requirements of the second highest grade for cheese. Such
requirements shall be established by the commissioner. Such New York
standard stamp or stencil shall be issued by the commissioner and shall
have markings at least one-half inch high, reading on a first line
"grade" and on a second line "New York standard," and shall bear a
different number for each manufacturer, but no map of New York state
shall be a part of this stamp or stencil.

4. No person shall by means of any stencil, brand, stamp, label or
other device use identification or grade markings which are similar to
those provided pursuant to subdivisions one, two, and three of this
section, unless authorized by the commissioner to do so.

5. The commissioner shall keep a record in which shall be registered
the name and location of each manufacturer to whom such identification
markings are issued as provided in subdivision one of this section, and
the name and location of each manufacturer and his designated agent to
whom grade markings are issued as provided in subdivisions two and three
of this section. Whenever evidence is found or received by the
commissioner tending to show that the grade-designating stamps or
stencils, as provided in subdivisions two and three of this section,
have been used to mark cheese which does not meet the requirements of
grade for which it is marked, he may order the custodian of such grade
markings to immediately discontinue use thereof and return such stamps
or stencils to the commissioner; and it is further provided that the
commissioner may order the removal or obliteration of such grade
markings as provided herein from the cheese which does not meet the
grade represented and as established by the commissioner. The custodian
to whom such a grade marking device or devices has been issued, and the
use of which has been revoked, or who possesses or has possessed cheese
from which grade marks have been ordered obliterated, shall, upon
request, be granted a hearing before the commissioner or his designated
agent, and at such hearing, said custodian may present evidence to show
why use of such device or devices should be restored to him and
obliterated grade marks on cheese should be replaced. The commissioner
may promulgate rules and regulation pertaining to the use of the New
York state identifications and grade markings issued by him as provided
in this section.