Section 156-H. Food and farm products promotion

1.  The commissioner may
  design, determine and adopt official brands to be used on labels and  on
  packages and containers to identify New York state food products and New
  York  state  produced  or  landed aquatic products.   The design of such
  brand or brands may contain the whole or a part of the seal of the state
  of New York. Each of such brands, when adopted by the commissioner,  may
  be  registered  as  a trade mark in the office of the secretary of state
  under the provisions of article twenty-four of the general business law,
  or any other provision of law which may hereinafter be enacted  relating
  to  the  registration  of  trade  marks.  Any  such  trade mark shall be
  registered by the secretary of state without the  exaction  of  any  fee
  therefor.  The  commissioner  may  in his or her discretion register any
  such mark with the United States  government  and  any  other  state  or
  foreign country.
    2. Such brand or mark may be imprinted upon packages or used on labels
  upon  or  attached to packages containing: (a) New York state grown farm
  products packed within this state in accordance with official  standards
  established  as  provided  by  this  article,  article thirteen, article
  thirteen-a,  article  thirteen-b,   article   thirteen-c   and   article
  thirteen-d  of this chapter or New York state produced or landed aquatic
  products, subject to and in accordance with rules and regulations to  be
  promulgated by the commissioner; or
    (b)  New  York state processed food products, manufactured within this
  state  in  accordance  with  official  standards  established   by   the
  commissioner  pursuant  to regulation, which are essentially composed of
  New York state grown farm products, provided, however, that whenever the
  commissioner  determines,  after  public  hearing,  that  the   use   of
  ingredients  not  grown  or  produced  in  this  state  is  necessary or
  beneficial  in  manufacturing  a   particular   product   because   such
  ingredients  are  either  not  grown  in  New  York  or  unavailable  in
  sufficient quantity or at a reasonable price to allow the product to  be
  composed  of  only  New York state grown farm products, the standard for
  such product may authorize the inclusion of ingredients not produced  in
  this  state,  except that in no event shall an official brand or mark be
  approved for use on a food product unless at least fifty-one percent  of
  its content is derived from New York state grown farm products.
    3.  Notwithstanding the provisions of subdivision two of this section,
  such brand or mark may be imprinted upon packages or labels attached  to
  packages  containing cheddar or American type cheese packed outside this
  state provided that such product is manufactured within  the  state  and
  meets  all  other  requirements  for the inclusion or attachment of such
  brand or mark.
    4. No such label shall be imprinted on or attached to any  package  of
  fresh  or processed products unless said products have been produced and
  packed  in  accordance  with  an  official   quality   control   program
  established by the commissioner. The rules and regulations shall provide
  for a charge to be made for any inspections, except the commissioner, at
  his  or  her  discretion, need not make a charge for inspections carried
  out for the purposes of research and development of  grades,  standards,
  inspection  and quality control techniques. The commissioner shall cause
  to be printed labels bearing a state brand in sufficient  quantities  to
  meet  the  demand  therefor  and/or authorize container manufacturers to
  imprint the state brand on  packages  at  the  time  of  manufacture  or
  printing,  and  may sell such labels or charge a fee for such imprinting
  in an amount to be fixed by the commissioner. As an alternative  method,
  the  commissioner may in accordance with rules and regulations rent dies
  or cuts of the state brand to persons desiring to manufacture their  own
  labels  for use on fresh or processed products owned and packed by them,

  at a price to be fixed by the commissioner. Labels shall be  affixed  to
  or  imprinted  on  packages  in  the  manner prescribed by the rules and
  regulations.  The  label  denoting  the  state  brand  may  be  used  in
  conjunction  with  and  in  addition  to  any  regional mark or name for
  growers, packers or processors in a county or group of  counties  and/or
  private  mark  or  name  under which the grower, packer or processor has
  been accustomed to pack and market fresh or processed  products.  Moneys
  derived from the sale or use of labels denoting the state brand shall be
  accounted  for  as  to  product  source  and  shall  be  expended as the
  commissioner may direct for general publicity purposes and to  advertise
  products identified with the state brand.
    5.  The rules and regulations may provide for an advisory committee of
  five packers or sellers of the state brand products,  who  shall  advise
  the commissioner as to the general plan of any publicity campaign and in
  such  other  matter  as the commissioner may request. The members of any
  such  advisory  committee  shall   serve   without   compensation.   The
  commissioner  shall  have  the  power,  by  injunction  or otherwise, to
  restrain any person who uses or attempts to use any state  brand  except
  in accordance with the provisions of this section.