Section 107-A. Labeling containers of alcoholic beverages

1. The liquor
  authority is hereby  authorized  to  promulgate  rules  and  regulations
  governing  the  labeling  and  offering  of alcoholic beverages bottled,
  packaged, sold or possessed for sale within this state.
    2. Such regulations shall be calculated to prohibit deception  of  the
  consumer; to afford him adequate information as to quality and identity;
  and to achieve national uniformity in this field in so far as possible.
    3.  The bottling, packaging, sale or possession by any licensee of any
  alcoholic beverage not labelled  or  offered  in  conformity  with  this
  section  shall  be  ground for suspension, revocation or cancellation of
  the license.
    4. (a)  No  liquor,  wine  or  beer  shall  be  labelled,  offered  or
  advertised  for  sale  unless in accordance with this section and unless
  the brand or trade name label affixed to or imprinted upon the container
  of such alcoholic beverage shall have been registered with and  approved
  by  the  authority  and the appropriate fee paid as provided for in this
  section.
    (b) An application for registration of a brand  or  trade  name  label
  shall be filed by (1) the owner of the brand or trade name if such owner
  is licensed by the authority, or (2) a wholesaler selling such brand who
  is  appointed  as exclusive agent, in writing, by the owner of the brand
  or trade name for the purpose of filing such application, if  the  owner
  of  the brand or trade name is not licensed by the authority, or (3) any
  wholesaler, with the approval of the authority, in the  event  that  the
  owner of the brand or trade name does not file or is unable to file such
  application  or  designate  an  agent  for  such  purposes,  or  (4) any
  wholesaler, with the approval of the authority, in the  event  that  the
  owner  of  the  brand or trade name is a retailer who does not file such
  application, provided that the retailer shall consent to such filing  by
  such  wholesaler. Such retailer may revoke his consent at any time, upon
  written notice to the authority and to such wholesaler.
    Unless  otherwise  permitted  or  required  by  the   authority,   the
  application  for  registration  of  a liquor or wine brand or trade name
  label filed pursuant to this section shall be filed by the same licensee
  filing schedules pursuant to section one hundred one-b of this chapter.
    Cordials and wines which differ only as  to  fluid  content,  age,  or
  vintage  year,  as  defined by such regulations, shall be considered the
  same brand; and those that differ as to type or class may be  considered
  the  same  brand  by the authority where consistent with the purposes of
  this section.
    (c) (1) The application for registration of  a  brand  or  trade  name
  label  shall be filed by registered mail, return receipt requested, on a
  form prescribed by the authority, and shall contain such information  as
  the  authority  shall  require. Such application shall be accompanied by
  the appropriate fee prescribed by paragraph (d) of this subdivision.
    (2) Provided, however, where a brand or  trade  name  label  has  been
  approved  by  the  federal  bureau  of alcohol, tobacco and firearms, it
  shall be deemed registered and approved by the authority if:
    (i) the applicant submits on a form prescribed by  the  authority,  by
  registered  mail,  return receipt requested, a true copy of the brand or
  trade name label approval issued  by  the  federal  bureau  of  alcohol,
  tobacco  and  firearms  along with the appropriate fee as established in
  paragraph (d) of this subdivision; and
    (ii) the authority does not deny such application within  thirty  days
  after receipt.
    (3) Provided, however, that where a brand or trade name label for wine
  has  been  approved  by  the  federal  bureau  of  alcohol,  tobacco and
  firearms, it shall be deemed registered and approved  by  the  authority

  and no application, application fee, or annual registration fee shall be
  submitted to the authority.
    (d)  The  annual fee for registration of any brand or trade name label
  for liquor shall be two  hundred  fifty  dollars;  the  annual  fee  for
  registration  of  any  brand  or  trade name label for beer shall be one
  hundred fifty dollars; the annual fee for registration of any  brand  or
  trade  name  label for wine shall be fifty dollars. Such fee shall be in
  the form of a check or draft. No annual  fee  for  registration  of  any
  brand  or  trade  name  label  for wine shall be required if it has been
  approved by the federal bureau of alcohol, tobacco and firearms pursuant
  to this section.
    Each brand or trade name label registration approved pursuant to  this
  section  shall be valid for a term which shall run concurrently with the
  term of the license of the person registering such brand or  trade  name
  label.
    Each  brand or trade name label registration approved pursuant to this
  section shall be valid only for the licensee to whom  issued  and  shall
  not be transferable.
    (e)  If the authority shall deny the application for registration of a
  brand or trade name label pursuant to this section, it shall return  the
  registration  fee  to the applicant, less twenty-five per centum of such
  fee and shall notify the applicant, in writing with the specific reasons
  for its denial.
    (f) When not inconsistent with the purposes of  this  subdivision  and
  whenever  necessary  to  avoid  practical  difficulties  or  unnecessary
  hardship to any licensee affected by this section,  the  authority  may,
  until October first, nineteen hundred sixty-three, exempt any brand from
  the  fee provisions of this subdivision upon satisfactory showing by the
  licensee that such brand is being discontinued. The authority may at any
  time exempt any discontinued brand from  such  fee  provisions  where  a
  manufacturer or wholesaler has an inventory of one hundred cases or less
  of  liquor or wine and five hundred cases or less of beer, and certifies
  to the authority in writing that such brand is being  discontinued.  The
  authority  may  also at any time exempt any discontinued brand from such
  fee provisions where a retailer discontinuing a brand owned by him has a
  balance of an order yet to be delivered of fifty cases or less of liquor
  or wine, or two hundred fifty cases or less of beer.
    (g)  The  authority  shall  exempt  from  such  fee   provisions   the
  registration of each brand label used for beer that is produced in small
  size  batches  on  the  licensed  premises  in  batches totaling fifteen
  hundred barrels of beer or less annually.