Sec. 162.1. Seal of Quality label

(a) The official brand or trademark to be used on labels and on packages and containers to identify New York State farm products and New York State-produced or landed aquatic products shall be the “Seal of Quality”, as more fully described in subdivision (b) of this section. Such design shall be used only upon farm products, either fresh or processed, which meet the specific standards as hereinafter set forth for each farm product packed thereunder.

(b) The official brand or trademark, “Seal of Quality”, shall be in the following form and the text of the specimen here attached.

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(c) Presence of non-New York produced components in a farm product.

The presence in a processed farm products of a bulky flavoring ingredient, water, flavor enhancer or agent, color additive, or food additive, or any combination thereof, which was not produced within this State shall not disqualify an otherwise eligible product from inclusion in the Seal of Quality program. For purposes of this section, a bulky flavoring ingredientshall mean a food which has been added to a New York processed farm product to impart a distinctive taste or other characteristic without such product losing its identity as a New York produced farm product, as determined by the commissioner. Flavor enhancers and agents, color additives and food additives shall have the same meaning as those terms are given in sections 70.3(f), 170.3(o) and 170.3(e), respectively, of title 21 of the Code of Federal Regulations, revised as of April 1, 1991, which sections are hereby adopted and incorporated by reference as though fully set forth herein. Copies of such Federal regulations (as published by the United States Government Printing Office, Washington, DC 20402) are maintained at the Department of Agriculture and Markets, Division of Agricultural Protection and Development Services, One Winners Circle, Albany, NY and Department of State, 162 Washington Avenue, Albany, NY 12231, and are available for public inspection or copying during regular business hours.