New York Codes, Rules and Regulations (NYCRR)
Title 9 Part 84
Executive Department
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9 NYCRR 84.1 - Label requirements
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
(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.
9 NYCRR 84.2 - Sales permitted
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
(a)Nothing herein contained, however, shall prohibit a retail licensee from selling any alcoholic beverage which was in the possession of such retailer prior to May 8, 1963, provided the alcoholic beverage is labelled in accordance with the Federal Alcohol Administration Act regulations.
(b)Where a standard label, i.e., a brand label not owned and sold exclusively by one retailer is registered and approved by the Authority pursuant to this Part and is thereafter discontinued by a manufacturer or wholesaler, any retailer who has purchased or has in his possession any alcoholic beverages bearing such brand label shall not be precluded from thereafter selling such alcoholic beverages by reason of such discontinuance.
(c)Where a private brand label owned and sold exclusively by one retailer and registered by such retailer is thereafter discontinued, such retailer may continue to sell any alcoholic beverages in his possession bearing such brand label at the time the label is discontinued. Such retailer may not, however, receive any further deliveries of such alcoholic beverages except by permission of the Authority in writing and shall not place any further orders for any alcoholic beverages bearing such label for a period of at least two years from the date of such discontinuance and then only provided such brand label has been registered with and approved by the Authority.
(d)Where pursuant to the terms and conditions of a liquidator's permit or other permit issued pursuant to section 99-b of the Alcoholic Beverage Control Law, a licensee acquires a stock of alcoholic beverages, the brand labels on the inventory of alcoholic beverages so acquired shall, for the purpose of this Part only, be deemed to have been registered with and approved by the Authority, provided they conform with the Federal Alcohol Administration Act regulations, and may thereafter be sold by the purchaser.
(e)The privilege granted in subdivisions (a), (b), (c) and (d) of this section is subject in all instances to such transactions being otherwise in conformance with the provisions of the Alcoholic Beverage Control Law and the rules and regulations of the Authority.
9 NYCRR 84.3 - Application for registration of brand label
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
(a)Except as otherwise provided herein, application for registration shall be made in writing on a form prescribed by the Authority and filed with the Authority at its New York City office, by the same licensee filing schedules pursuant to section 101-b and 101-c of the Alcoholic Beverage Control Law. An application for registration of a label owned and sold exclusively by one retailer shall be made by such retailer. An application for registration of a beer label shall be made by the owner of such label if a licensee, or by a wholesaler selling beer under such label who is appointed as exclusive agent in writing by the owner thereof or by any wholesaler, with the approval of the Authority, in the event the owner is unable to apply or designate an agent.
(b)Each application shall be accompanied by a copy of the label and by a check, draft or any other payment authorized by section 114-a of the Alcoholic Beverage Control Law, in the amount of the fee required by paragraph (d) of subdivision 4 of section 107-a of the Alcoholic Beverage Control Law except as hereinafter provided.
9 NYCRR 84.4 - Brand label registration
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
(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:
(1)net contents; or
(2)vintage year; or
(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:
(1)net contents; or
(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:
(1)net contents;
(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.
(d)[Reserved]
(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.
9 NYCRR 84.5 - Term and validity of registration
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
Each approved registration shall be valid only with respect to the licensee to whom it is issued and shall not be transferable. The term of the registration shall coincide with that of the holder's license and shall be renewed annually.
9 NYCRR 84.6 - Statement of alcoholic content of beer prohibited
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
(a)No person shall sell or offer for sale in this State any bottle, barrel, keg or other container of beer which shall have affixed thereto any label or statement showing the alcoholic content thereof, except as provided in subdivision (b) of this section.
(b)No person shall issue or publish, or cause to be issued or published, in this State any letter, postcard, circular, newspaper, pamphlet or publication of any kind containing any advertisement or statement of any kind whatsoever, regarding the alcoholic content of any beer sold in this State, except that malt beverages sold in this State which contain 2.5 percent or less alcoholic content by volume may contain on their labels words denoting low alcohol or reduced alcohol and may be advertised as such. Nothing in this section shall be deemed to authorize labeling, advertising or referring to the percentage alcoholic content of such malt beverage.
(c)The use of the phrase “contains less than one half of one percent alcohol by volume” or other expression authorized or recognized by Federal regulations to denote cereal beverages with less than one half of one percent alcohol by volume does not contravene the provisions of this section prohibiting the statement of alcoholic content of beer and is permissible.
9 NYCRR 84.7 - Cider labeling
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
(a)No cider may be sold in this State otherwise than in a container the labels of which have been filed with and accepted by the authority. Such label shall be filed by the owner of the label, if licensed by the authority, or a wholesaler selling such brand who is designated for the purpose of filing such label if the owner of the label is not licensed by the authority or, with the approval of the authority, by a wholesaler in the event the owner of the label is unable to file the label or designate an agent for such purpose.
(b)Such labels shall not contain any statement that is false or untrue in any particular, or that, irrespective of falsity, directly or by ambiguity, omission or inference or by the addition of irrelevant, scientific or technical matter, tends to create a misleading impression.
9 NYCRR 84.8 - Earlier source heading: 84.8 to 84.11 [Repealed]
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
Current section text is not available here.
9 NYCRR 84.12 - Earlier source heading: [Repealed]
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
Current section text is not available here.