Provides that any brand or trade name label for an alcoholic beverage that has been approved by the Alcohol and Tobacco Tax and Trade Bureau shall be deemed approved by and registered with the state liquor authority without the payment of any fee to such authority.
BILL NUMBER: S3494
TITLE OF BILL : An act to amend the alcoholic beverage control law, in relation to the registration of the labeling of containers of alcoholic beverages
PURPOSE : To exempt liquor and beer labels from State Liquor Authority (SLA) label approval laws as is now the case for wine labels that have been reviewed and approved by the federal Alcohol and Tobacco Tax and Trade Bureau (TTB).
SUMMARY OF PROVISIONS :
Section 1: Amends Alcoholic Beverage Control Law section 107-a(4) to expand the current exemption for the SLA to approve of wine labels to also include liquor and beer labels that have been approved by the federal Alcohol and Tobacco Tax and Trade Bureau.
EXISTING LAW : Under current law, wine labels that have been approved by the federal TTB are deemed to he approved by the SLA.
JUSTIFICATION : In 1993, State law was amended to exempt wine labels from SLA approval if such labels had been approved by the TTB. This law has been successful in reducing regulatory burdens placed on our state's wine industry and reduced SLA work loads so that the SLA can better allocate its resources to other more needed areas This bill merely expands the currently successful law to include liquor and beer labels. Note, if the TTB has not approved of a liquor, wine or beer label, the SLA retains jurisdiction to regulate those alcohol labels.
LEGISLATIVE HISTORY : S.7641/A.10974
FISCAL IMPLICATIONS : None.
LOCAL FISCAL IMPLICATIONS : None.
EFFECTIVE DATE : Immediate.
STATE OF NEW YORK ________________________________________________________________________ 3494 2009-2010 Regular Sessions IN SENATE March 20, 2009 ___________Introduced by Sen. VALESKY -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Govern- ment Operations AN ACT to amend the alcoholic beverage control law, in relation to the registration of the labeling of containers of alcoholic beverages THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subparagraphs 2 and 3 of paragraph (c) of subdivision 4 of section 107-a of the alcoholic beverage control law, subparagraph 2 as amended and subparagraph 3 as added by chapter 490 of the laws of 1993, are amended to read as follows: (2) Provided, however, where a brand or trade name label has been approved by the federal
[bureau of alcohol, tobacco and firearms]ALCO- HOL AND TOBACCO TAX AND TRADE BUREAU, 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]ALCOHOL AND TOBACCO TAX AND TRADE BUREAU. (3) Provided, however, that, NOTWITHSTANDING ANY OTHER PROVISION OF LAW, where a brand or trade name label for [wine]AN ALCOHOLIC BEVERAGE has been approved by the federal [bureau of alcohol, tobacco and firearms]ALCOHOL AND TOBACCO TAX AND TRADE BUREAU, 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. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05428-01-9