N.Y. Agriculture & Markets Law Section 71
Registration of mark

  • defacing mark
  • seizure

Any person owning milk cans, jars, bottles, bottle cases or carton cases upon which he has placed or desires to place any designating mark may register the said designating mark with the commissioner, who shall keep a record thereof, and he may also register with the commissioner, from time to time, the number of such cans, jars, bottles, bottle cases or carton cases, which he has or is to have, which do or may bear such designating mark. Such cans, jars, bottles, bottle cases or carton cases may, after such registration be numbered consecutively and such consecutive numbers may be registered in the department, as above provided, with the designating mark. If any such can, jar, bottle, bottle case or carton case, bearing such designating mark, shall be found in possession of, and being used by any person other than the one so registering the same it shall be presumptive evidence of a violation of the provisions of this article, unless such person has the consent of the owner thereof to so have and use the same. No person, except the original owner thereof, or a person duly authorized by him so to do, shall remove, deface or erase any of the marks upon the cans, jars, bottles, bottle cases or carton cases herein provided for. When the commissioner, or any person duly authorized by him, shall find any such cans, jars, bottles, bottle cases or carton cases, bearing such registered designating mark, in the possession of or being used by another person than the owner thereof, he may seize the same, and if evidence is produced in three days showing that such person had been given permission to have or use such cans, jars, bottles, bottle cases or carton cases, then they shall be delivered by the commissioner, or his agents, to the person from whom taken, otherwise the commissioner shall notify the owner of such cans, jars, bottles, bottle cases or carton cases, that he has the same and upon application deliver the same to such owner.

Source: Section 71 — Registration of mark; defacing mark; seizure, https://www.­nysenate.­gov/legislation/laws/AGM/71 (updated Sep. 22, 2014; accessed Mar. 23, 2024).

46
Declaration of policy
46–A
Regulations
47
Care and feed of cows, and care and keeping of milk
47–A
Regulating the handling and sale of products made from recovered milk fat and solids
48
Receptacles to be cleansed before returning
49
Insanitary cans and receptacles condemned
50–E
Legislative finding and declaration of policy
50–F
Definitions and standards of identity
50–G
Licenses to manufacturers of melloream
50–H
Entry, inspection and investigation
50–I
Labeling of melloream and vegetable oil blends
50–J
Serving melloream, vegetable oil blends and cream in restaurants and other public eating places
50–K
Rules and regulations
51
Milk inspection
52
Presumptions in regard to cream and skim milk
54
Regulations in regard to manufactories, plants or places where milk or cream is brought or received
55
Skimmed milk, whey, buttermilk or milk container or plant equipment rinsings to be heated before being used for feeding
56
Determination of the content of milk and/or cream where purchase or settlement therefor is made on the basis of such content
56–A
Taking of composite sample
56–B
Determination of bacteria in milk and/or cream where purchase or settlement is made therefor on the basis of bacterial count
57
Licensing of persons in charge of milk-gathering stations, manufactories or plants
57–A
Licensing of persons making bacterial counts of milk and/or cream or making tests of milk and/or cream to detect certain abnormalities
59
Powers of the department concerning oleomargarine
61
Manufacture, sale, and use of oleomargarine
62
Coloring matter, dairy terms, size of package, labeling, false advertising
63
Labeling of imitation cheese
67
Manufacturers identification markings and grade brands for cheese
67–B
Pasteurization of cheese
68
Use of false brand prohibited
69
County trade marks
70
Branded cans, jars, bottles, cases, boxes or barrels not to be sold, remarked or used without consent of owner
71
Registration of mark

Accessed:
Mar. 23, 2024

Last modified:
Sep. 22, 2014

§ 71’s source at nysenate​.gov

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