§ 107-a. Labeling containers of alcoholic beverages. 1. The liquor\nauthority is hereby authorized to promulgate rules and regulations\ngoverning the labeling and offering of alcoholic beverages bottled,\npackaged, sold or possessed for sale within this state.\n Such regulations shall be calculated to prohibit deception of the\nconsumer; to afford him or her adequate information as to quality and\nidentity; and to achieve national uniformity in so far as possible.\n 2. The bottling, packaging, sale or possession by any licensee of any\nalcoholic beverage not labelled or offered in conformity with this\nsection shall be ground for suspension, revocation or cancellation of\nthe license.\n 3. No alcoholic beverage shall be offered or advertised for sale in\nthis state, including direct interstate shipments under this chapter,\nunless:\n (a) there is a brand or trade name label affixed to or imprinted upon\nthe container of such alcoholic beverage;\n (b) such label is registered with and approved by the authority and\ncontains the information required in this section; and\n (c) the appropriate fee has been paid as provided for in this section.\n 4. An application for registration of a brand or trade name label\nshall be filed by (1) the owner of the brand or trade name if such owner\nis licensed by the authority, or (2) a wholesaler selling such brand who\nis appointed as exclusive agent, in writing, by the owner of the brand\nor trade name for the purpose of filing such application, if the owner\nof the brand or trade name is not licensed by the authority, or (3) any\nwholesaler, with the approval of the authority, in the event that the\nowner of the brand or trade name does not file or is unable to file such\napplication or designate an agent for such purposes, or (4) any\nwholesaler, with the approval of the authority, in the event that the\nowner of the brand or trade name is a retailer who does not file such\napplication, provided that the retailer shall consent to such filing by\nsuch wholesaler. Such retailer may revoke his consent at any time, upon\nwritten notice to the authority and to such wholesaler.\n Unless otherwise permitted or required by the authority, the\napplication for registration of a liquor or wine brand or trade name\nlabel filed pursuant to this section shall be filed by the same licensee\nfiling schedules pursuant to section one hundred one-b of this article.\n Cordials and wines which differ only as to fluid content, age, or\nvintage year, as defined by such regulations, shall be considered the\nsame brand; and those that differ as to type or class may be considered\nthe same brand by the authority where consistent with the purposes of\nthis section.\n (a) (1) The application for registration of a brand or trade name\nlabel shall be filed by certified mail return receipt requested,\nregistered mail return receipt requested, overnight delivery service\nwith proof of mailing, or via electronic filing, on a form prescribed by\nthe authority, and shall contain such information as the authority shall\nrequire. Such application shall be accompanied by the appropriate fee\nprescribed by paragraph (b) of this subdivision and may also require a\nprocessing fee of no more than ten dollars paid to either the authority\nor a third party provider.\n (2) Provided, however, where a brand or trade name label has been\napproved by the Alcohol and Tobacco Tax and Trade Bureau of the United\nStates Department of Treasury, it shall be deemed registered and\napproved by the authority if:\n (i) the applicant submits on a form prescribed by the authority, by\ncertified mail return receipt requested, registered mail return receipt\nrequested, or overnight delivery service with proof of mailing, or via\nelectronic filing, a true copy of the brand or trade name label approval\nissued by the Alcohol and Tobacco Tax and Trade Bureau of the United\nStates Department of Treasury along with the appropriate fee as\nestabl
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