N.Y. Comp. Codes R. & Regs. tit. 9 § 84.4
Current through Register Vol. 46, No. 25, June 18, 2024
Section 84.4 - Brand label registration(a) A separate fee in the amount of $50 shall be required in connection with the registration of each brand label used for wine where there is any difference in the mandatory information required to be set forth on such label by subdivisions (a), (b) and (c) of section 4.32 of the Federal Alcohol Administration Act regulations, except where such difference is limited to any of the following: (3) type of wine other than variations as between table and dessert wines as set forth in paragraph (6) of this subdivision; or(4) in the instance of a private brand label owned and sold exclusively by one retailer, where the wine is bottled, packed or imported by a different bottler, packer or importer provided all other information appearing on the label and not excepted hereunder is the same; or(5) in the instance of imported wine notwithstanding different geographic, generic, semi-generic or non-generic designations appearing on the label as described in subdivisions (b) and (c) of section 4.24 of the Federal Alcohol Administration Act regulations the wine may be considered the same brand provided the foreign producer, blender, rectifier, maker, bottler, packer or shipper is the same; or(6) variations in alcoholic content other than as between wines having an alcoholic content not in excess of 14 percent by volume (table wines) and those in excess of 14 percent but not more than 24 percent (dessert wines).(b) A separate fee in the amount of $250 shall be required in connection with the registration of each brand label used for distilled spirits where there is any difference in the mandatory information required to be set forth on such label by subdivisions (a), (b) and (c) of section 5.32 of the Federal Alcohol Administration Act regulations, except where such difference is limited to any of the following: (2) in the instance of a private brand label owned and sold exclusively by one retailer, where the distilled spirits is distilled, blended, bottled or imported by a different distiller, blender, bottler or imported by a different distiller, blender, bottler or importer provided all other information appearing on the label and not excepted hereunder is the same; or(3) in the instance of cordials or liqueurs, differences as to type and alcoholic content, but this does not apply to highballs, cocktails and other similarly prepared specialties which are more adequately described by trade designations as referred to in subdivision (b) of section 5.34 of the Federal Alcohol Administration Act regulations; or(4) in the instance of specialties such as highballs, cocktails and other similarly prepared specialties more adequately described by trade designations, differences in the type of highball or cocktail or alcoholic content provided such specialties would otherwise qualify as cordials or liqueurs under the Federal Alcohol Administration Act regulations; or(5) in the instance of gin, the use of the designation "dry" provided all other information on the label is the same; or(6) in the instance of rum, the use of the designations "light" or "dark", "gold" or "silver" provided all other information on the label is the same; or(7) differences in artificial or excessive coloring where required to be stated on the label by the Federal Alcohol Administration Act regulations; or(8) differences in statements of age in rum and brandy where so stated on the label.(c) A separate fee in the amount of $150 shall be required in connection with the registration of each brand label used for beer where there is any difference in the mandatory information required to be set forth on such label by subdivisions (a) and (b) of section 7.22 of the Federal Alcohol Administration Act regulations, except where such difference is limited to any of the following: (2) class designations with respect to "beer," "lager beer" and "lager" only; or(3) in the instance of a private brand label owned and sold exclusively by one retailer, where the beer is bottled, packed or imported by a different bottler, packer or importer, provided all other information appearing on the label and not excepted hereunder is the same.(e) In order to avoid unnecessary hardship to manufacturers and wholesalers who sell alcoholic beverages to retailers under private labels owned and sold exclusively by one retailer, and to allow for an orderly adjustment of the businesses of licensees trafficking in alcoholic beverages sold under private labels, any retailer may, on or before May 20, 1963, register a private label for which a fee is otherwise prescribed under this section without payment of the fee provided for therein, provided such registration is accompanied by a certification that such label is being discontinued, and provided that no alcoholic beverages bearing such label will be ordered or received on and after October 1, 1963 except with the written permission of the authority first obtained.(f) Notwithstanding the provisions of section 84.2 of this Part, any retailer certifying discontinuance of a label pursuant to subdivision (e) of this section may reactivate such brand label at any time prior to September 1, 1963 by submitting to the authority the appropriate fee together with a request for reactivation of the brand label, and may immediately thereafter place orders for and accept deliveries of alcoholic beverages bearing such label.(g) Applicants seeking a fee exemption on the ground of discontinuance of the label shall certify in writing that use of the label is being discontinued and shall indicate the date of discontinuance. Where such exemption is granted after October 1, 1963, such label may not be registered for a period of two years except in the discretion of the authority for good cause shown, and no such exemption shall be granted by the authority unless in compliance with the provisions of paragraph (f) of subdivision 4 of section 107-a of the Alcoholic Beverage Control Law.N.Y. Comp. Codes R. & Regs. Tit. 9 § 84.4