N.Y. Comp. Codes R. & Regs. tit. 9 § 84.1

Current through Register Vol. 46, No. 19, May 8, 2024

Section 84.1 - Label requirements

(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.

(h) Where there is any conflict between the provisions of this Part and any rule or regulation of the Federal Alcohol Administration Act, the provisions of this Part shall prevail.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 84.1