§ 172-b. Enforcement of article. The state department of agriculture
and markets shall enforce the provisions of this article, and it is
hereby authorized and empowered to approve and register such brands and
labels intended for use under the provisions of this article as may be
submitted to it for that purpose and as may in its judgment conform to
the requirements of this article; provided, however, that in any
prosecution under this article the fact that any brand or label involved
in said prosecution has not been submitted to such board for approval,
or if submitted, has not been approved by it, shall be immaterial.