Section 201-A. Kosher food and food products; packaging  


Latest version.
  • 1. All food and
      food products packaged in any container and sold or offered for sale  as
      "kosher"  or  "kosher for passover" shall have a "kosher" or "kosher for
      passover" label affixed by the manufacturer or packer at  its  premises.
      No  person  other  than  such  manufacturer  or  packer shall affix such
      labels.
        2. All food or food products that are not packaged in a container  and
      are  sold or offered for sale as "kosher" or "kosher for passover" shall
      have a "kosher" or "kosher  for  passover"  label  affixed  thereto.  No
      person other than such manufacturer or packer shall affix such labels.
        3.  Any  food  or  food  product  in package form that is certified or
      labeled as "kosher" or "kosher  for  passover"  shall  not  be  sold  or
      offered  for  sale  by  the producer or distributor of such food or food
      product until the producer or the distributor shall have registered with
      the department the name, current address and  telephone  number  of  the
      person certifying the food as kosher.
        4. Any food or food product in package form that is marked "rabbinical
      supervision"  or  that  is  marked  with a "k", "km", "kos", "kp" or any
      other generic marking used to convey that such food or food  product  is
      kosher, except a registered trademark not used to represent such food or
      food  product  as  kosher,  shall not be sold or offered for sale by the
      producer or distributor of such food or food product until such producer
      or distributor shall have  registered  with  the  department  the  name,
      current  address  and telephone number of the person certifying the food
      or food product as kosher.
        5. As used in this section, the term "food or food product in  package
      form"  means  a food or food product not intended for consumption at the
      point of manufacture that is put up or packaged in any manner in advance
      of sale in units suitable for retail sale.
        6. Any advertisement for food or food products representing that  such
      food  or food products are kosher shall identify the name of the person,
      or entity, certifying such food or food products as kosher.
        7.  Where  a  producer  or  distributor  is  required  to  register  a
      certifying  person  pursuant  to  the  provisions  of this section, such
      producer or distributor shall immediately notify the department  of  any
      change in the registration information.
        8.  No  liability  for  misrepresentation  shall  be  incurred  by any
      distributor  if  it  has  received   written   representation   from   a
      manufacturer  of  food and food products that its certifying information
      has been filed with the commissioner; provided, however,  that  if  such
      distributor   has   received  notice  from  the  commissioner  that  the
      information  filed  by  such  manufacturer  is  no  longer  valid,   the
      distributor  will  be  liable  for  the  sale of misrepresented products
      unless the distributor files valid certifying information.