Section 67. Manufacturers identification markings and grade brands for cheese

1. Every manufacturer of cheddar type cheese made in  New  York  state  shall  put  a  stencil,  brand,  stamp  or label upon such cheese
  indicating the variety of cheese as prescribed  pursuant  to  rules  and
  regulations   promulgated   by  the  commissioner  pursuant  to  section
  forty-six-a; and no person shall use such markings upon any cheese which
  has not been manufactured under sanitary  conditions  as  set  forth  in
  article  four  of  this  chapter  and  in  accordance with the rules and
  regulations of the commissioner.  The  commissioner  shall  procure  and
  issue  on  proper application therefor, and under such regulations as to
  the custody and use thereof as he  may  prescribe,  a  uniform  stencil,
  brand,  stamp  or label bearing the words "cheddar cheese," "washed curd
  cheese" or "colby cheese,"  and  a  different  number  assigned  by  the
  commissioner  for each separate factory to any manufacturer of cheese in
  New York state licensed by the commissioner. Every such stencil,  brand,
  stamp  or  label  shall be used upon the outside of the cheese and shall
  not be used upon any other than cheddar, washed curd or colby cheese  or
  packages containing the same. It shall be unlawful for any person to use
  a  cheese  identification stencil, brand, stamp or label supplied by the
  commissioner as herein provided, to mark  such  cheese  which  does  not
  conform to standards established by the commissioner pursuant to section
  forty-six-a.  Every  whole  and  uncut  cheddar  type cheese bearing the
  numbered identification stencil, brand, stamp or label  markings  herein
  provided  shall  be  deemed  to  be in compliance with the provisions of
  subdivision five, section two hundred one of the agriculture and markets
  law.
    2. Every manufacturer of New York state cheddar type  cheese,  or  his
  registered  agent  as  provided  herein,  may put a state brand stamp or
  stencil issued by the commissioner upon such cheese manufactured in  New
  York  state  which  meets  the requirements of the highest grade for New
  York state  cheese.  Such  requirements  shall  be  established  by  the
  commissioner.   Such   state  brand  stamp  or  stencil  issued  by  the
  commissioner shall have markings at least one-half inch high, reading on
  a first line "grade" and on  a  second  line  "New  York  state  brand,"
  enclosed  within  a miniature map of New York state and with the letters
  "NYS" superimposed thereon. Every such  state  brand  stamp  or  stencil
  shall bear a different number for each manufacturer.
    3.  Every  manufacturer  of New York state cheddar type cheese, or his
  registered agent as provided herein, may put a New York  standard  stamp
  or  stencil  upon such cheese manufactured in New York state which meets
  the  requirements  of  the  second  highest  grade  for   cheese.   Such
  requirements  shall  be  established  by the commissioner. Such New York
  standard stamp or stencil shall be issued by the commissioner and  shall
  have  markings  at  least  one-half  inch  high, reading on a first line
  "grade" and on a second line "New  York  standard,"  and  shall  bear  a
  different  number  for  each  manufacturer, but no map of New York state
  shall be a part of this stamp or stencil.
    4. No person shall by means of any stencil,  brand,  stamp,  label  or
  other  device  use identification or grade markings which are similar to
  those provided pursuant to subdivisions one,  two,  and  three  of  this
  section, unless authorized by the commissioner to do so.
    5.  The  commissioner shall keep a record in which shall be registered
  the name and location of each manufacturer to whom  such  identification
  markings  are issued as provided in subdivision one of this section, and
  the name and location of each manufacturer and his designated  agent  to
  whom grade markings are issued as provided in subdivisions two and three
  of  this  section.  Whenever  evidence  is  found  or  received  by  the
  commissioner tending  to  show  that  the  grade-designating  stamps  or

  stencils,  as  provided  in  subdivisions two and three of this section,
  have been used to mark cheese which does not meet  the  requirements  of
  grade  for  which it is marked, he may order the custodian of such grade
  markings  to  immediately discontinue use thereof and return such stamps
  or stencils to the commissioner; and it is  further  provided  that  the
  commissioner  may  order  the  removal  or  obliteration  of  such grade
  markings as provided herein from the cheese  which  does  not  meet  the
  grade  represented and as established by the commissioner. The custodian
  to whom such a grade marking device or devices has been issued, and  the
  use  of which has been revoked, or who possesses or has possessed cheese
  from which grade  marks  have  been  ordered  obliterated,  shall,  upon
  request,  be granted a hearing before the commissioner or his designated
  agent, and at such hearing, said custodian may present evidence to  show
  why  use  of  such  device  or  devices  should  be  restored to him and
  obliterated grade marks on cheese should be replaced.  The  commissioner
  may  promulgate  rules  and  regulation pertaining to the use of the New
  York state identifications and grade markings issued by him as  provided
  in this section.