US (United States) Code. Title 27. Chapter 8: Federal alcohol administration act

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Intoxication liquors

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-CITE-

27 USC CHAPTER 8 - FEDERAL ALCOHOL ADMINISTRATION ACT 01/06/03

-EXPCITE-

TITLE 27 - INTOXICATING LIQUORS

CHAPTER 8 - FEDERAL ALCOHOL ADMINISTRATION ACT

-HEAD-

CHAPTER 8 - FEDERAL ALCOHOL ADMINISTRATION ACT

-MISC1-

SUBCHAPTER I - FEDERAL ALCOHOL ADMINISTRATION

Sec.

201. Short title.

202. General provisions.

(a) to (d) Omitted.

(e) Expenditures.

(f) Utilization of other governmental agencies.

(g) Applicability of other laws.

(h) Reports to Secretary.

202a to 202c. Repealed or Omitted.

203. Unlawful businesses without permit; application to

State agency.

204. Permits.

(a) Who entitled thereto.

(b) Refusal of permit; hearing.

(c) Form of application.

(d) Conditions.

(e) Revocation, suspension, and annulment.

(f) Service of orders.

(g) Duration.

(h) Appeal; procedure.

(i) Limitation.

205. Unfair competition and unlawful practices.

(a) Exclusive outlet.

(b) "Tied house".

(c) Commercial bribery.

(d) Consignment sales.

(e) Labeling.

(f) Advertising.

206. Bulk sales and bottling.

(a) Offenses.

(b) Penalty.

(c) "In bulk" defined.

207. Penalties; jurisdiction; compromise of liability.

208. Interlocking directorates.

(a) Offenses.

(b) Conditions of lawfully taking office.

(c) "Company" defined.

(d) Penalty.

209, 210. Omitted.

211. Miscellaneous provisions.

(a) Definitions.

(b) Right to amend or repeal.

(c) Separability.

212. Omitted.

SUBCHAPTER II - ALCOHOLIC BEVERAGE LABELING

213. Declaration of policy and purpose.

214. Definitions.

215. Labeling requirement.

(a) Statement required on container.

(b) Conspicuous and prominent location of statement

on container.

(c) Alcoholic beverages intended for export;

beverages intended for Armed Forces of the

United States.

(d) Powers of Secretary; rules and regulations;

consultation and coordination with Surgeon

General.

216. Preemption.

217. Report to Congress.

218. Civil penalties.

219. Injunction proceedings; compromise of liability.

219a. Severability.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 15 section 1459; title 19

section 1754; title 26 section 5171.

-End-

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27 USC SUBCHAPTER I - FEDERAL ALCOHOL ADMINISTRATION 01/06/03

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TITLE 27 - INTOXICATING LIQUORS

CHAPTER 8 - FEDERAL ALCOHOL ADMINISTRATION ACT

SUBCHAPTER I - FEDERAL ALCOHOL ADMINISTRATION

-HEAD-

SUBCHAPTER I - FEDERAL ALCOHOL ADMINISTRATION

-End-

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27 USC Sec. 201 01/06/03

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TITLE 27 - INTOXICATING LIQUORS

CHAPTER 8 - FEDERAL ALCOHOL ADMINISTRATION ACT

SUBCHAPTER I - FEDERAL ALCOHOL ADMINISTRATION

-HEAD-

Sec. 201. Short title

-STATUTE-

This subchapter may be cited as the "Federal Alcohol

Administration Act".

-SOURCE-

(Aug. 29, 1935, ch. 814, title I, Sec. 101, formerly Sec. 1, 49

Stat. 977; renumbered title I, Sec. 101, and amended Pub. L.

100-690, title VIII, Sec. 8001(a)(1), (2), (b)(1), Nov. 18, 1988,

102 Stat. 4517, 4521.)

-MISC1-

AMENDMENTS

1988 - Pub. L. 100-690, Sec. 8001(b)(1), amended section

generally, substituting "subchapter" for "chapter".

SHORT TITLE

Section 201 of title II of act Aug. 29, 1935, as added Nov. 18,

1988, Pub. L. 100-690, title VIII, Sec. 8001(a)(3), 102 Stat. 4518,

provided that: "This title [enacting subchapter II of this chapter]

may be cited as the 'Alcoholic Beverage Labeling Act of 1988'."

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Bureau of Alcohol, Tobacco and Firearms, including the related

functions of the Secretary of the Treasury, to the Department of

Justice, see section 531(c) of Title 6, Domestic Security.

Federal Alcohol Administration and offices of members and

Administrator thereof were abolished and their functions directed

to be administered under direction and supervision of Secretary of

Treasury through Bureau of Internal Revenue [now Internal Revenue

Service] in Department of Treasury, by Reorg. Plan No. III of 1940,

Sec. 2, eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1232, set out in

the Appendix to Title 5, Government Organization and Employees. See

also, sections 8 and 9 of said plan for provisions relating to

transfer of records, property, personnel, and funds. Section 2 of

Reorg. Plan No. III of 1940 was repealed as executed by Pub. L.

97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat. 1068, 1085, the first

section of which enacted Title 31, Money and Finance. Department of

the Treasury Order 221 of July 1, 1972, established the Bureau of

Alcohol, Tobacco and Firearms and transferred to it functions of

the Internal Revenue Service arising under certain laws relating to

alcohol, tobacco, firearms, and explosives.

-End-

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27 USC Sec. 202 01/06/03

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TITLE 27 - INTOXICATING LIQUORS

CHAPTER 8 - FEDERAL ALCOHOL ADMINISTRATION ACT

SUBCHAPTER I - FEDERAL ALCOHOL ADMINISTRATION

-HEAD-

Sec. 202. General provisions

-STATUTE-

(a) to (d) Omitted

(e) Expenditures

Appropriations to carry out powers and duties of the Secretary of

the Treasury under this chapter shall be available for expenditure,

among other purposes, for personal services and rent in the

District of Columbia and elsewhere, expenses for travel and

subsistence, for law books, books of reference, magazines,

periodicals, and newspapers, for contract stenographic reporting

services, for subscriptions for library services, for purchase of

samples for analysis or use as evidence, and for holding

conferences of State and Federal liquor control officials.

(f) Utilization of other governmental agencies

The Secretary of the Treasury may, with the consent of the

department or agency affected, utilize the services of any

department or other agency of the Government to the extent

necessary to carry out his powers and duties under this chapter and

authorize officers and employees thereof to act as his agents.

(g) Applicability of other laws

The provisions including penalties, of sections 49 and 50 of

title 15, shall be applicable to the jurisdiction, powers, and

duties of the Secretary of the Treasury under this chapter, and to

any person (whether or not a corporation) subject to the provisions

of laws administered by the Secretary of the Treasury under this

chapter.

(h) Reports to Secretary

The Secretary of the Treasury is authorized to require, in such

manner and form as he shall prescribe, such reports as are

necessary to carry out his powers and duties under this chapter.

-SOURCE-

(Aug. 29, 1935, ch. 814, title I, Sec. 102, formerly Sec. 2, 49

Stat. 977; 1940 Reorg. Plan No. III, Sec. 2, eff. June 30, 1940, 5

F.R. 2108, 54 Stat. 1232; Aug. 7, 1946, ch. 770, Sec. 1(46), 60

Stat. 870; renumbered title I, Sec. 102, Pub. L. 100-690, title

VIII, Sec. 8001(a)(1), (2), Nov. 18, 1988, 102 Stat. 4517.)

-COD-

CODIFICATION

Subsections (a) to (d) provided for the creation of a Federal

Alcohol Administration as a division of the Treasury Department. By

act June 26, 1936, ch. 830, title V, 49 Stat. 1964, however, those

subsections were repealed and a new Administration created as an

independent agency. The repealing act was to be effective when the

new administrators authorized thereby were appointed. While the

officers so authorized were never appointed and the repeal

therefore never became effective, subsections (a) to (d) have been

omitted in view of Reorg. Plan No. III of 1940, set out in the

Appendix to Title 5, Government Organization and Employees, which

abolished the Administration and transferred its functions to the

Secretary of the Treasury to be administered through the Bureau of

Internal Revenue [now Internal Revenue Service]. See, also,

Transfer of Functions note set out under section 201 of this title.

-MISC1-

AMENDMENTS

1946 - Subsec. (i). Act Aug. 7, 1946, struck out subsec. (i)

which related to reports to Congress by the Secretary of the

Treasury with respect to the administration of the functions

charged to the Secretary under this chapter.

-End-

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27 USC Secs. 202a, 202b 01/06/03

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TITLE 27 - INTOXICATING LIQUORS

CHAPTER 8 - FEDERAL ALCOHOL ADMINISTRATION ACT

SUBCHAPTER I - FEDERAL ALCOHOL ADMINISTRATION

-HEAD-

Secs. 202a, 202b. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6,

1966, 80 Stat. 649

-MISC1-

Section 202a, act June 26, 1936, ch. 830, title V, Sec. 501, 49

Stat. 1964, established the Federal Alcohol Administration, and

provided for appointment, duties, and pay of its employees.

Section 202b, act June 26, 1936, ch. 830, title V, Sec. 502, 49

Stat. 1964, provided for appointment, pay, tenure, and powers of

members of the Federal Alcohol Administration.

-End-

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27 USC Sec. 202c 01/06/03

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TITLE 27 - INTOXICATING LIQUORS

CHAPTER 8 - FEDERAL ALCOHOL ADMINISTRATION ACT

SUBCHAPTER I - FEDERAL ALCOHOL ADMINISTRATION

-HEAD-

Sec. 202c. Omitted

-COD-

CODIFICATION

Section, act June 26, 1936, ch. 830, title V, Sec. 503, 49 Stat.

1965, which provided for repeal of former laws, was to have taken

effect when a majority of the members authorized to be appointed

took office under section 202b of this title. The members, however,

were never appointed.

-End-

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27 USC Sec. 203 01/06/03

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TITLE 27 - INTOXICATING LIQUORS

CHAPTER 8 - FEDERAL ALCOHOL ADMINISTRATION ACT

SUBCHAPTER I - FEDERAL ALCOHOL ADMINISTRATION

-HEAD-

Sec. 203. Unlawful businesses without permit; application to State

agency

-STATUTE-

In order effectively to regulate interstate and foreign commerce

in distilled spirits, wine, and malt beverages, to enforce the

twenty-first amendment, and to protect the revenue and enforce the

postal laws with respect to distilled spirits, wine, and malt

beverages:

(a) It shall be unlawful, except pursuant to a basic permit

issued under this subchapter by the Secretary of the Treasury -

(1) to engage in the business of importing into the United

States distilled spirits, wine, or malt beverages; or

(2) for any person so engaged to sell, offer or deliver for

sale, contract to sell, or ship, in interstate or foreign

commerce, directly or indirectly or through an affiliate,

distilled spirits, wine, or malt beverages so imported.

(b) It shall be unlawful, except pursuant to a basic permit

issued under this subchapter by the Secretary of the Treasury -

(1) to engage in the business of distilling distilled spirits,

producing wine, rectifying or blending distilled spirits or wine,

or bottling, or warehousing and bottling, distilled spirits; or

(2) for any person so engaged to sell, offer or deliver for

sale, contract to sell, or ship, in interstate or foreign

commerce, directly or indirectly or through an affiliate,

distilled spirits or wine so distilled, produced, rectified,

blended, or bottled, or warehoused and bottled.

(c) It shall be unlawful, except pursuant to a basic permit

issued under this subchapter by the Secretary of the Treasury -

(1) to engage in the business of purchasing for resale at

wholesale distilled spirits, wine, or malt beverages; or

(2) for any person so engaged to receive or to sell, offer or

deliver for sale, contract to sell, or ship, in interstate or

foreign commerce, directly or indirectly or through an affiliate,

distilled spirits, wine, or malt beverages so purchased.

This subsection shall take effect July 1, 1936.

This section shall not apply to any agency of a State or

political subdivision thereof or any officer or employee of any

such agency, and no such agency or officer or employee shall be

required to obtain a basic permit under this subchapter.

-SOURCE-

(Aug. 29, 1935, ch. 814, title I, Sec. 103, formerly Sec. 3, 49

Stat. 978; Feb. 29, 1936, ch. 105, Sec. 1, 49 Stat. 1152; 1940

Reorg. Plan No. III, Sec. 2, eff. June 30, 1940, 5 F.R. 2108, 54

Stat. 1232; renumbered title I, Sec. 103, and amended Pub. L.

100-690, title VIII, Sec. 8001(a)(1), (2), (b)(2), Nov. 18, 1988,

102 Stat. 4517, 4521.)

-COD-

CODIFICATION

In the original, subsections (a) and (b) of this section

contained a final paragraph which provided as follows: "This

subsection shall take effect sixty days after the date upon which

the Administrator first appointed under this title takes office."

-MISC1-

AMENDMENTS

1988 - Pub. L. 100-690, Sec. 8001(b)(2), substituted "subchapter"

for "chapter" wherever appearing.

1936 - Subsec. (c). Act Feb. 29, 1936, extended the effective

date from March 1, 1936, to July 1, 1936.

-TRANS-

TRANSFER OF FUNCTIONS

"Secretary of the Treasury" was substituted in text for

"Administrator", meaning the Administrator of the Federal Alcohol

Administration, pursuant to Reorg. Plan No. III of 1940, see note

set out under section 201 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 207 of this title; title

26 section 5171.

-End-

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27 USC Sec. 204 01/06/03

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TITLE 27 - INTOXICATING LIQUORS

CHAPTER 8 - FEDERAL ALCOHOL ADMINISTRATION ACT

SUBCHAPTER I - FEDERAL ALCOHOL ADMINISTRATION

-HEAD-

Sec. 204. Permits

-STATUTE-

(a) Who entitled thereto

The following persons shall, on application therefor, be entitled

to a basic permit:

(1) Any person who, on May 25, 1935, held a basic permit as

distiller, rectifier, wine producer, or importer issued by an

agency of the Federal Government.

(2) Any other person unless the Secretary of the Treasury finds

(A) that such person (or in case of a corporation, any of its

officers, directors, or principal stockholders) has, within five

years prior to the date of application, been convicted of a

felony under Federal or State law or has, within three years

prior to date of application, been convicted of a misdemeanor

under any Federal law relating to liquor, including the taxation

thereof; or (B) that such person is, by reason of his business

experience, financial standing, or trade connections, not likely

to commence operations within a reasonable period or to maintain

such operations in conformity with Federal law; or (C) that the

operations proposed to be conducted by such person are in

violation of the law of the State in which they are to be

conducted.

(b) Refusal of permit; hearing

If upon examination of any application for a basic permit the

Secretary of the Treasury has reason to believe that the applicant

is not entitled to such permit, he shall notify the applicant

thereof and, upon request by the applicant, afford him due notice

and opportunity for hearing on the application. If the Secretary of

the Treasury, after affording such notice and opportunity for

hearing, finds that the applicant is not entitled to a basic permit

hereunder, he shall by order deny the application stating the

findings which are the basis for his order.

(c) Form of application

The Secretary of the Treasury shall prescribe the manner and form

of all applications for basic permits (including the facts to be

set forth therein) and the form of all basic permits, and shall

specify in any basic permit the authority conferred by the permit

and the conditions thereof in accordance with the provisions of

this subchapter. To the extent deemed necessary by the Secretary of

the Treasury for the efficient administration of this subchapter,

separate applications and permits shall be required by the

Secretary of the Treasury with respect to distilled spirits, wine,

and malt beverages, and the various classes thereof, and with

respect to the various classes of persons entitled to permits

hereunder. The issuance of a basic permit under this subchapter

shall not operate to deprive the United States of its remedy for

any violation of law.

(d) Conditions

A basic permit shall be conditioned upon compliance with the

requirements of section 205 of this title (relating to unfair

competition and unlawful practices) and of section 206 of this

title (relating to bulk sales and bottling), with the twenty-first

amendment and laws relating to the enforcement thereof, and with

all other Federal laws relating to distilled spirits, wine, and

malt beverages, including taxes with respect thereto.

(e) Revocation, suspension, and annulment

A basic permit shall by order of the Secretary of the Treasury,

after due notice and opportunity for hearing to the permittee, (1)

be revoked, or suspended for such period as the Secretary of the

Treasury deems appropriate, if the Secretary finds that the

permittee has wilfully violated any of the conditions thereof,

provided that for a first violation of the conditions thereof the

permit shall be subject to suspension only; or (2) be revoked if

the Secretary finds that the permittee has not engaged in the

operations authorized by the permit for a period of more than two

years; or (3) be annulled if the Secretary finds that the permit

was procured through fraud, or misrepresentation, or concealment of

material fact. The order shall state the findings which are the

basis for the order.

(f) Service of orders

Orders of the Secretary with respect to any denial of

application, suspension, revocation, annulment, or other

proceedings, shall be served (1) in person by any officer or

employee of the Secretary designated by him or any internal revenue

or customs officer authorized by the Secretary for the purpose, or

(2) by mailing the order by registered mail, addressed to the

applicant or respondent at his last known address in the records of

the Secretary.

(g) Duration

A basic permit shall continue in effect until suspended, revoked,

or annulled as provided herein, or voluntarily surrendered; except

that (1) if leased, sold, or otherwise voluntarily transferred, the

permit shall be automatically terminated thereupon, and (2) if

transferred by operation of law or if actual or legal control of

the permittee is acquired, directly or indirectly, whether by

stock-ownership or in any other manner, by any person, then such

permit shall be automatically terminated at the expiration of

thirty days thereafter: Provided, That if within such thirty-day

period application for a new basic permit is made by the transferee

or permittee, respectively, then the outstanding basic permit shall

continue in effect until such application is finally acted on by

the Secretary of the Treasury.

(h) Appeal; procedure

An appeal may be taken by the permittee or applicant for a permit

from any order of the Secretary of the Treasury denying an

application for, or suspending, revoking, or annulling, a basic

permit. Such appeal shall be taken by filing, in the court of

appeals of the United States within any circuit wherein such person

resides or has his principal place of business, or in the United

States Court of Appeals for the District of Columbia, within sixty

days after the entry of such order, a written petition praying that

the order of the Secretary be modified or set aside in whole or in

part. A copy of such petition shall be forthwith transmitted by the

clerk of the court to the Secretary, or any officer designated by

him for that purpose, and thereupon the Secretary shall file in the

court the record upon which the order complained of was entered, as

provided in section 2112 of title 28. Upon the filing of such

petition such court shall have exclusive jurisdiction to affirm,

modify, or set aside such order, in whole or in part. No objection

to the order of the Secretary shall be considered by the court

unless such objection shall have been urged before the Secretary or

unless there were reasonable grounds for failure so to do. The

finding of the Secretary as to the facts, if supported by

substantial evidence, shall be conclusive. If any party shall apply

to the court for leave to adduce additional evidence, and shall

show to the satisfaction of the court that such additional evidence

is material and that there were reasonable grounds for failure to

adduce such evidence in the proceeding before the Secretary, the

court may order such additional evidence to be taken before the

Secretary and to be adduced upon the hearing in such manner and

upon such terms and conditions as to the court may seem proper. The

Secretary may modify his findings as to the facts by reason of the

additional evidence so taken, and he shall file with the court such

modified or new findings, which, if supported by substantial

evidence, shall be conclusive, and his recommendation, if any, for

the modification or setting aside of the original order. The

judgment and decree of the court affirming, modifying, or setting

aside, in whole or in part, any such order of the Secretary shall

be final, subject to review by the Supreme Court of the United

States upon certiorari or certification as provided in section 1254

of title 28. The commencement of proceedings under this subsection

shall, unless specifically ordered by the court to the contrary,

operate as a stay of the Secretary's order.

(i) Limitation

No proceeding for the suspension or revocation of a basic permit

for violation of any condition thereof relating to compliance with

Federal law shall be instituted by the Secretary more than eighteen

months after conviction of the violation of Federal law, or, if no

conviction has been had, more than three years after the violation

occurred; and no basic permit shall be suspended or revoked for a

violation of any such condition thereof if the alleged violation of

Federal law has been compromised by any officer of the Government

authorized to compromise such violation.

-SOURCE-

(Aug. 29, 1935, ch. 814, title I, Sec. 104, formerly Sec. 4, 49

Stat. 978; 1940 Reorg. Plan No. III, Sec. 2, eff. June 30, 1940, 5

F.R. 2108, 54 Stat. 1232; June 25, 1948, ch. 646, Sec. 32(a), 62

Stat. 991; May 24, 1949, ch. 139, Sec. 127, 63 Stat. 107; Pub. L.

85-791, Sec. 14, Aug. 28, 1958, 72 Stat. 946; renumbered title I,

Sec. 104, and amended Pub. L. 100-690, title VIII, Sec. 8001(a)(1),

(2), (b)(2), (3), Nov. 18, 1988, 102 Stat. 4517, 4521.)

-COD-

CODIFICATION

In subsec. (h) of this section, "section 1254 of title 28" was

substituted for "sections 239 and 240 of the Judicial Code, as

amended", on authority of act June 25, 1948, ch. 646, 62 Stat. 869,

the first section of which enacted Title 28, Judiciary and Judicial

Procedure.

-MISC1-

AMENDMENTS

1988 - Subsec. (c). Pub. L. 100-690, Sec. 8001(b)(2), substituted

"subchapter" for "chapter" wherever appearing.

Subsec. (d). Pub. L. 100-690, Sec. 8001(b)(3), made technical

amendment to references to sections 205 and 206 of this title to

reflect renumbering of corresponding sections of original act.

1958 - Subsec. (h). Pub. L. 85-791, in third sentence,

substituted "transmitted by the clerk of the court to the

Secretary, or" for "served upon, the Secretary, or upon any",

substituted "file in the court" for "certify and file in the court

a transcript of", and inserted "as provided in section 2112 of

title 28", and in fourth sentence, substituted "petition" for

"transcript".

-CHANGE-

CHANGE OF NAME

"Court of appeals" was substituted for "circuit court of appeals"

pursuant to act June 25, 1948, as amended by act May 24, 1949.

-TRANS-

TRANSFER OF FUNCTIONS

"Secretary of the Treasury" and "Secretary" were substituted in

subsecs. (a) to (c) and (e) to (i) for "Administrator", meaning the

Administrator of the Federal Alcohol Administration, pursuant to

Reorg. Plan No. III of 1940, see note set out under section 201 of

this title.

-MISC2-

APPLICABILITY OF ADMINISTRATIVE PROCEDURE ACT

Section 35 of Pub. L. 85-791 provided that: "This Act shall not

be construed to repeal or modify any provision of the

Administrative Procedure Act [subchapter II of chapter 5, and

chapter 7, of Title 5, Government Organization and Employees]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 26 section 5171.

-End-

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27 USC Sec. 205 01/06/03

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TITLE 27 - INTOXICATING LIQUORS

CHAPTER 8 - FEDERAL ALCOHOL ADMINISTRATION ACT

SUBCHAPTER I - FEDERAL ALCOHOL ADMINISTRATION

-HEAD-

Sec. 205. Unfair competition and unlawful practices

-STATUTE-

It shall be unlawful for any person engaged in business as a

distiller, brewer, rectifier, blender, or other producer, or as an

importer or wholesaler, of distilled spirits, wine, or malt

beverages, or as a bottler, or warehouseman and bottler, of

distilled spirits, directly or indirectly or through an affiliate:

(a) Exclusive outlet

To require, by agreement or otherwise, that any retailer engaged

in the sale of distilled spirits, wine, or malt beverages, purchase

any such products from such person to the exclusion in whole or in

part of distilled spirits, wine, or malt beverages sold or offered

for sale by other persons in interstate or foreign commerce, if

such requirement is made in the course of interstate or foreign

commerce, or if such person engages in such practice to such an

extent as substantially to restrain or prevent transactions in

interstate or foreign commerce in any such products, or if the

direct effect of such requirement is to prevent, deter, hinder, or

restrict other persons from selling or offering for sale any such

products to such retailer in interstate or foreign commerce; or

(b) "Tied house"

To induce through any of the following means, any retailer,

engaged in the sale of distilled spirits, wine, or malt beverages,

to purchase any such products from such person to the exclusion in

whole or in part of distilled spirits, wine, or malt beverages sold

or offered for sale by other persons in interstate or foreign

commerce, if such inducement is made in the course of interstate or

foreign commerce, or if such person engages in the practice of

using such means, or any of them, to such an extent as

substantially to restrain or prevent transactions in interstate or

foreign commerce in any such products, or if the direct effect of

such inducement is to prevent, deter, hinder, or restrict other

persons from selling or offering for sale any such products to such

retailer in interstate or foreign commerce: (1) By acquiring or

holding (after the expiration of any existing license) any interest

in any license with respect to the premises of the retailer; or (2)

by acquiring any interest in real or personal property owned,

occupied, or used by the retailer in the conduct of his business;

or (3) by furnishing, giving, renting, lending, or selling to the

retailer, any equipment, fixtures, signs, supplies, money,

services, or other thing of value, subject to such exceptions as

the Secretary of the Treasury shall by regulation prescribe, having

due regard for public health, the quantity and value of articles

involved, established trade customs not contrary to the public

interest and the purposes of this subsection; or (4) by paying or

crediting the retailer for any advertising, display, or

distribution service; or (5) by guaranteeing any loan or the

repayment of any financial obligation of the retailer; or (6) by

extending to the retailer credit for a period in excess of the

credit period usual and customary to the industry for the

particular class of transactions, as ascertained by the Secretary

of the Treasury and prescribed by regulations by him; or (7) by

requiring the retailer to take and dispose of a certain quota of

any of such products; or

(c) Commercial bribery

To induce through any of the following means, any trade buyer

engaged in the sale of distilled spirits, wine, or malt beverages,

to purchase any such products from such person to the exclusion in

whole or in part of distilled spirits, wine, or malt beverages sold

or offered for sale by other persons in interstate or foreign

commerce, if such inducement is made in the course of interstate or

foreign commerce, or if such person engages in the practice of

using such means, or any of them, to such an extent as

substantially to restrain or prevent transactions in interstate or

foreign commerce in any such products, or if the direct effect of

such inducement is to prevent, deter, hinder, or restrict other

persons from selling or offering for sale any such products to such

trade buyer in interstate or foreign commerce: (1) By commercial

bribery; or (2) by offering or giving any bonus, premium, or

compensation to any officer, or employee, or representative of the

trade buyer; or

(d) Consignment sales

To sell, offer for sale, or contract to sell to any trade buyer

engaged in the sale of distilled spirits, wine, or malt beverages,

or for any such trade buyer to purchase, offer to purchase, or

contract to purchase, any such products on consignment or under

conditional sale or with the privilege of return or on any basis

otherwise than a bona fide sale, or where any part of such

transaction involves, directly or indirectly, the acquisition by

such person from the trade buyer or his agreement to acquire from

the trade buyer other distilled spirits, wine, or malt beverages -

if such sale, purchase, offer, or contract is made in the course of

interstate or foreign commerce, or if such person or trade buyer

engages in such practice to such an extent as substantially to

restrain or prevent transactions in interstate or foreign commerce

in any such products or if the direct effect of such sale,

purchase, offer, or contract is to prevent, deter, hinder, or

restrict other persons from selling or offering for sale any such

products to such trade buyer in interstate or foreign commerce:

Provided, That this subsection shall not apply to transactions

involving solely the bona fide return of merchandise for ordinary

and usual commercial reasons arising after the merchandise has been

sold; or

(e) Labeling

To sell or ship or deliver for sale or shipment, or otherwise

introduce in interstate or foreign commerce, or to receive therein,

or to remove from customs custody for consumption, any distilled

spirits, wine, or malt beverages in bottles, unless such products

are bottled, packaged, and labeled in conformity with such

regulations, to be prescribed by the Secretary of the Treasury,

with respect to packaging, marking, branding, and labeling and size

and fill of container (1) as will prohibit deception of the

consumer with respect to such products or the quantity thereof and

as will prohibit, irrespective of falsity, such statements relating

to age, manufacturing processes, analyses, guarantees, and

scientific or irrelevant matters as the Secretary of the Treasury

finds to be likely to mislead the consumer; (2) as will provide the

consumer with adequate information as to the identity and quality

of the products, the alcoholic content thereof (except that

statements of, or statements likely to be considered as statements

of, alcoholic content of malt beverages are prohibited unless

required by State law and except that, in case of wines, statements

of alcoholic content shall be required only for wines containing

more than 14 per centum of alcohol by volume), the net contents of

the package, and the manufacturer or bottler or importer of the

product; (3) as will require an accurate statement, in the case of

distilled spirits (other than cordials, liqueurs, and specialties)

produced by blending or rectification, if neutral spirits have been

used in the production thereof, informing the consumer of the

percentage of neutral spirits so used and of the name of the

commodity from which such neutral spirits have been distilled, or

in case of neutral spirits or of gin produced by a process of

continuous distillation, the name of the commodity from which

distilled; (4) as will prohibit statements on the label that are

disparaging of a competitor's products or are false, misleading,

obscene, or indecent; and (5) as will prevent deception of the

consumer by use of a trade or brand name that is the name of any

living individual of public prominence, or existing private or

public organization, or is a name that is in simulation or is an

abbreviation thereof, and as will prevent the use of a graphic,

pictorial, or emblematic representation of any such individual or

organization, if the use of such name or representation is likely

falsely to lead the consumer to believe that the product has been

indorsed, made, or used by, or produced for, or under the

supervision of, or in accordance with the specifications of, such

individual or organization: Provided, That this clause shall not

apply to the use of the name of any person engaged in business as a

distiller, brewer, rectifier, blender, or other producer, or as an

importer, wholesaler, retailer, bottler, or warehouseman, of

distilled spirits, wine, or malt beverages, nor to the use by any

person of a trade or brand name used by him or his predecessor in

interest prior to August 29, 1935; including regulations requiring,

at time of release from customs custody, certificates issued by

foreign governments covering origin, age, and identity of imported

products: Provided further, That nothing herein nor any decision,

ruling, or regulation of any Department of the Government shall

deny the right of any person to use any trade name or brand of

foreign origin not presently effectively registered in the United

States Patent and Trademark Office which has been used by such

person or predecessors in the United States for a period of at

least five years last past, if the use of such name or brand is

qualified by the name of the locality in the United States in which

the product is produced, and, in the case of the use of such name

or brand on any label or in any advertisement, if such

qualification is as conspicuous as such name or brand.

It shall be unlawful for any person to alter, mutilate, destroy,

obliterate, or remove any mark, brand, or label upon distilled

spirits, wine, or malt beverages held for sale in interstate or

foreign commerce or after shipment therein, except as authorized by

Federal law or except pursuant to regulations of the Secretary of

the Treasury authorizing relabeling for purposes of compliance with

the requirements of this subsection or of State law.

In order to prevent the sale or shipment or other introduction of

distilled spirits, wine, or malt beverages in interstate or foreign

commerce, if bottled, packaged, or labeled in violation of the

requirements of this subsection, (1) no bottler of distilled

spirits, no producer, blender, or wholesaler of wine, or proprietor

of a bonded wine storeroom, and no brewer or wholesaler of malt

beverages shall bottle, and (2) no person shall remove from customs

custody, in bottles, for sale or any other commercial purpose,

distilled spirits, wine, or malt beverages, respectively, after

such date as the Secretary of the Treasury fixes as the earliest

practicable date for the application of the provisions of this

subsection to any class of such persons (but not later than August

15, 1936, in the case of distilled spirits, and December 15, 1936,

in the case of wine and malt beverages, and only after thirty days'

public notice), unless, upon application to the Secretary of the

Treasury, he has obtained and has in his possession a certificate

of label approval covering the distilled spirits, wine, or malt

beverages, issued by the Secretary in such manner and form as he

shall by regulations prescribe: Provided, That any such bottler of

distilled spirits, or producer, blender, or wholesaler of wine, or

proprietor of a bonded wine storeroom, or brewer or wholesaler of

malt beverages shall be exempt from the requirements of this

subsection if, upon application to the Secretary, he shows to the

satisfaction of the Secretary that the distilled spirits, wine, or

malt beverages to be bottled by the applicant are not to be sold,

or offered for sale, or shipped or delivered for shipment, or

otherwise introduced, in interstate or foreign commerce. Officers

of internal revenue are authorized and directed to withhold the

release of distilled spirits from the bottling plant unless such

certificates have been obtained, or unless the application of the

bottler for exemption has been granted by the Secretary; and

customs officers are authorized and directed to withhold the

release from customs custody of distilled spirits, wine, and malt

beverages, unless such certificates have been obtained. The

District Courts of the United States, and the United States court

for any Territory shall have jurisdiction of suits to enjoin,

annul, or suspend in whole or in part any final action by the

Secretary upon any application under this subsection; or

(f) Advertising

To publish or disseminate or cause to be published or

disseminated by radio broadcast, or in any newspaper, periodical or

other publication or by any sign or outdoor advertisement or any

other printed or graphic matter, any advertisement of distilled

spirits, wine, or malt beverages, if such advertisement is in, or

is calculated to induce sales in, interstate or foreign commerce,

or is disseminated by mail, unless such advertisement is in

conformity with such regulations, to be prescribed by the Secretary

of the Treasury, (1) as will prevent deception of the consumer with

respect to the products advertised and as will prohibit,

irrespective of falsity, such statements relating to age,

manufacturing processes, analyses, guaranties, and scientific or

irrelevant matters as the Secretary of the Treasury finds to be

likely to mislead the consumer; (2) as will provide the consumer

with adequate information as to the identity and quality of the

products advertised, the alcoholic content thereof (except the

statements of, or statements likely to be considered as statements

of, alcoholic content of malt beverages and wines are prohibited),

and the person responsible for the advertisement; (3) as will

require an accurate statement, in the case of distilled spirits

(other than cordials, liqueurs, and specialties) produced by

blending or rectification, if neutral spirits have been used in the

production thereof, informing the consumer of the percentage of

neutral spirits so used and of the name of the commodity from which

such neutral spirits have been distilled, or in case of neutral

spirits or of gin produced by a process of continuous distillation,

the name of the commodity from which distilled; (4) as will

prohibit statements that are disparaging of a competitor's products

or are false, misleading, obscene, or indecent; (5) as will prevent

statements inconsistent with any statement on the labeling of the

products advertised. This subsection shall not apply to outdoor

advertising in place on June 18, 1935, but shall apply upon

replacement, restoration, or renovation of any such advertising.

The prohibitions of this subsection and regulations thereunder

shall not apply to the publisher of any newspaper, periodical, or

other publication, or radio broadcaster, unless such publisher or

radio broadcaster is engaged in business as a distiller, brewer,

rectifier, or other producer, or as an importer or wholesaler, of

distilled spirits, wine, or malt beverages, or as a bottler, or

warehouseman and bottler, of distilled spirits, directly or

indirectly or through an affiliate.

The provisions of subsections (a), (b), and (c) of this section

shall not apply to any act done by an agency of a State or

political subdivision thereof, or by any officer or employee of

such agency.

In the case of malt beverages, the provisions of subsections (a),

(b), (c), and (d) of this section shall apply to transactions

between a retailer or trade buyer in any State and a brewer,

importer, or wholesaler of malt beverages outside such State only

to the extent that the law of such State imposes similar

requirements with respect to similar transactions between a

retailer or trade buyer in such State and a brewer, importer, or

wholesaler of malt beverages in such State, as the case may be. In

the case of malt beverages, the provisions of this subsection and

subsection (e) of this section shall apply to the labeling of malt

beverages sold or shipped or delivered for shipment or otherwise

introduced into or received in any State from any place outside

thereof, or the advertising of malt beverages intended to be sold

or shipped or delivered for shipment or otherwise introduced into

or received in any State from any place outside thereof, only to

the extent that the law of such State imposes similar requirements

with respect to the labeling or advertising, as the case may be, of

malt beverages not sold or shipped or delivered for shipment or

otherwise introduced into or received in such State from any place

outside thereof.

The Secretary of the Treasury shall give reasonable public

notice, and afford to interested parties opportunity for hearing,

prior to prescribing regulations to carry out the provisions of

this section.

-SOURCE-

(Aug. 29, 1935, ch. 814, title I, Sec. 105, formerly Sec. 5, 49

Stat. 981; Feb. 29, 1936, ch. 105, Sec. 2, 49 Stat. 1152; June 25,

1936, ch. 804, 49 Stat. 1921; June 26, 1936, ch. 830, title V,

Secs. 505, 506, 49 Stat. 1965, 1966; 1940 Reorg. Plan No. III, Sec.

2, eff. June 30, 1940, 5 F.R. 2108, 54 Stat. 1232; Apr. 20, 1942,

ch. 244, Sec. 1(h), 56 Stat. 219; June 25, 1948, ch. 646, Sec.

32(b), 62 Stat. 991; May 24, 1949, ch. 139, Sec. 127, 63 Stat. 107;

renumbered title I, Sec. 105, and amended Pub. L. 100-690, title

VIII, Sec. 8001(a)(1), (2), (b)(2), Nov. 18, 1988, 102 Stat. 4517,

4521; Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, Sec.

4732(b)(13)], Nov. 29, 1999, 113 Stat. 1536, 1501A-584.)

-COD-

CODIFICATION

As originally enacted subsec. (e) of this section contained a

reference to the Supreme Court of the District of Columbia. Act

June 25, 1936, substituted "the district court of the United States

for the District of Columbia" for "the Supreme Court of the

District of Columbia", and act June 25, 1948, as amended by act May

24, 1949, substituted "United States District Court for the

District of Columbia" for "district court of the United States for

the District of Columbia". However, the words "United States

District Court for the District of Columbia" have been deleted

entirely as superfluous in view of section 132(a) of Title 28,

Judiciary and Judicial Procedure, which states that "There shall be

in each judicial district a district court which shall be a court

of record known as the United States District Court for the

district", and section 88 of Title 28 which states that "the

District of Columbia constitutes one judicial district".

An amendment to the second proviso of subsec. (e) of this title

was contained in act June 26, 1936, ch. 830, title V, Sec. 506, 49

Stat. 1965. The amendment was to have taken effect when a majority

of the members of the Federal Alcohol Administration authorized to

be appointed under section 202b of this title took office. However,

the members were never appointed and section 202b of this title was

repealed by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 649.

-MISC1-

AMENDMENTS

1999 - Subsec. (e). Pub. L. 106-113 substituted "United States

Patent and Trademark Office" for "United States Patent Office" in

first par.

1988 - Subsec. (e). Pub. L. 100-690, Sec. 8001(b)(2), substituted

"the date of the enactment of this title" for "the date of the

enactment of this Act", which had been translated editorially as

"August 29, 1935", thereby requiring no change in text.

1942 - Subsec. (f)(2). Act Apr. 20, 1942, substituted "beverages

and wines are prohibited" for "beverages are prohibited and except

that, in case of wines, statements of alcoholic content shall be

required only for wines containing more than 14 per centum of

alcohol by volume,".

1936 - Subsec. (e). Act Feb. 29, 1936, substituted "August 15,

1936, in the case of distilled spirits, and December 15, 1936, in

the case of wine and malt beverages" for "March 1, 1936,".

Subsec. (e). Act June 26, 1936, amended subsec. (e) generally.

EFFECTIVE DATE OF 1999 AMENDMENT

Amendment by Pub. L. 106-113 effective 4 months after Nov. 29,

1999, see section 1000(a)(9) [title IV, Sec. 4731] of Pub. L.

106-113, set out as a note under section 1 of Title 35, Patents.

-TRANS-

TRANSFER OF FUNCTIONS

"Secretary of the Treasury" and "Secretary" were substituted in

subsecs. (b), (e), and (f) for "Administrator", meaning the

Administrator of the Federal Alcohol Administration, pursuant to

Reorg. Plan No. III of 1940, see note set out under section 201 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 204, 207 of this title;

title 26 section 5206.

-End-

-CITE-

27 USC Sec. 206 01/06/03

-EXPCITE-

TITLE 27 - INTOXICATING LIQUORS

CHAPTER 8 - FEDERAL ALCOHOL ADMINISTRATION ACT

SUBCHAPTER I - FEDERAL ALCOHOL ADMINISTRATION

-HEAD-

Sec. 206. Bulk sales and bottling

-STATUTE-

(a) Offenses

It shall be unlawful for any person -

(1) To sell or offer to sell, contract to sell, or otherwise

dispose of distilled spirits in bulk except, under regulations of

the Secretary of the Treasury, for export or to the following, or

to import distilled spirits in bulk except, under such

regulations, for sale to or for use by the following: A

distiller, rectifier of distilled spirits, person operating a

bonded warehouse qualified under the internal-revenue laws or a

class 8 bonded warehouse qualified under the customs laws, a

winemaker for the fortification of wines, a proprietor of an

industrial alcohol plant, or an agency of the United States or

any State or political subdivision thereof.

(2) To sell or offer to sell, contract to sell, or otherwise

dispose of warehouse receipts for distilled spirits in bulk

unless such warehouse receipts require that the warehouseman

shall package such distilled spirits, before delivery, in bottles

labeled and marked in accordance with law, or deliver such

distilled spirits in bulk only to persons to whom it is lawful to

sell or otherwise dispose of distilled spirits in bulk.

(3) To bottle distilled spirits unless the bottler is a person

to whom it is lawful to sell or otherwise dispose of distilled

spirits in bulk.

(b) Penalty

Any person who violates the requirements of this section shall,

upon conviction thereof, be fined not more than $5,000 or

imprisoned for not more than one year or both, and shall forfeit to

the United States all distilled spirits with respect to which the

violation occurs and the containers thereof.

(c) "In bulk" defined

The term "in bulk" mean in containers having a capacity in excess

of one wine gallon.

-SOURCE-

(Aug. 29, 1935, ch. 814, title I, Sec. 106, formerly Sec. 6, 49

Stat. 985; 1940 Reorg. Plan No. III, Sec. 2, eff. June 30, 1940, 5

F.R. 2108, 54 Stat. 1232; renumbered title I, Sec. 106, Pub. L.

100-690, title VIII, Sec. 8001(a)(1), (2), Nov. 18, 1988, 102 Stat.

4517.)

-REFTEXT-

REFERENCES IN TEXT

The internal-revenue laws, referred to in subsec. (a), are

classified generally to Title 26, Internal Revenue Code.

The customs laws, referred to in subsec. (a), are classified

generally to Title 19, Customs Duties.

-TRANS-

TRANSFER OF FUNCTIONS

"Secretary of the Treasury" was substituted in subsec. (a)(1) for

"Administrator", meaning the Administrator of the Federal Alcohol

Administration, pursuant to Reorg. Plan No. III of 1940, see note

set out under section 201 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 204 of this title.

-End-

-CITE-

27 USC Sec. 207 01/06/03

-EXPCITE-

TITLE 27 - INTOXICATING LIQUORS

CHAPTER 8 - FEDERAL ALCOHOL ADMINISTRATION ACT

SUBCHAPTER I - FEDERAL ALCOHOL ADMINISTRATION

-HEAD-

Sec. 207. Penalties; jurisdiction; compromise of liability

-STATUTE-

The District Courts of the United States, and the United States

court for any Territory, of the District where the offense is

committed or threatened or of which the offender is an inhabitant

or has his principal place of business, are vested with

jurisdiction of any suit brought by the Attorney General in the

name of the United States, to prevent and restrain violations of

any of the provisions of this subchapter. Any person violating any

of the provisions of section 203 or 205 of this title shall be

guilty of a misdemeanor and upon conviction thereof be fined not

more than $1,000 for each offense. The Secretary of the Treasury is

authorized, with respect to any violation of this subchapter, to

compromise the liability arising with respect to such violation (1)

upon payment of a sum not in excess of $500 for each offense, to be

collected by the Secretary and to be paid into the Treasury as

miscellaneous receipts, and (2) in case of repetitious violations

and in order to avoid multiplicity of criminal proceedings, upon

agreement to a stipulation, that the United States may, on its own

motion upon five days' notice to the violator, cause a consent

decree to be entered by any court of competent jurisdiction

enjoining the repetition of such violation.

-SOURCE-

(Aug. 29, 1935, ch. 814, title I, Sec. 107, formerly Sec. 7, 49

Stat. 985; June 25, 1936, ch. 804, 49 Stat. 1921; 1940 Reorg. Plan

No. III, Sec. 2, eff. June 30, 1940, 5 F.R. 2108, 54 Stat. 1232;

1940 Reorg. Plan No. IV, Sec. 2, eff. June 30, 1940, 5 F.R. 2421,

54 Stat. 1234; June 25, 1948, ch. 646, Sec. 32(b), 62 Stat. 991;

May 24, 1949, ch. 139, Sec. 127, 63 Stat. 107; renumbered title I,

Sec. 107, and amended Pub. L. 100-690, title VIII, Sec. 8001(a)(1),

(2), (b)(2), (4), Nov. 18, 1988, 102 Stat. 4517, 4521.)

-COD-

CODIFICATION

As originally enacted this section contained a reference to the

Supreme Court of the District of Columbia. Act June 25, 1936,

substituted "the district court of the United States for the

District of Columbia" for "the Supreme Court of the District of

Columbia", and act June 25, 1948, as amended by act May 24, 1949,

substituted "United States District Court for the District of

Columbia" for "district court of the United States for the District

of Columbia". However, the words "United States District Court for

the District of Columbia" have been deleted entirely as superfluous

in view of section 132(a) of Title 28, Judiciary and Judicial

Procedure, which states that "There shall be in each judicial

district a district court which shall be a court of record known as

the United States District Court for the district", and section 88

of Title 28 which states that "the District of Columbia constitutes

one judicial district".

-MISC1-

AMENDMENTS

1988 - Pub. L. 100-690, Sec. 8001(b)(2), substituted "subchapter"

for "chapter" in two places.

Pub. L. 100-690, Sec. 8001(b)(4), made technical amendment to

references to sections 203 and 205 of this title to reflect

renumbering of corresponding sections of original act.

-TRANS-

TRANSFER OF FUNCTIONS

"The Secretary of the Treasury is authorized" and "Secretary"

were substituted for "Subject to the approval of the Attorney

General, the Administrator is authorized" and "Administrator",

meaning the Administrator of the Federal Alcohol Administration,

respectively, pursuant to Reorg. Plan No. IV of 1940, set out in

the Appendix to Title 5, Government Organization and Employees,

which transferred the function of approving compromises made in

accordance with this section from the Attorney General to the

Secretary of the Treasury, to be exercised by him or under his

direction and supervision by officer in the Department of the

Treasury designated by him, and Reorg. Plan No. III of 1940, set

out in the Appendix to Title V, which transferred the functions of

the Administrator of the Federal Alcohol Administration to the

Secretary of the Treasury. Reorg. Plan No. IV of 1940, in addition,

contained the following proviso: "Provided, That exclusive

jurisdiction to compromise cases arising under the Federal Alcohol

Administration Act which are pending before the courts or which

have been or may hereafter be referred to the Department of Justice

for action shall be vested in the Attorney General, and may be

exercised by him or by any officer in the Department of Justice

designated by him." See also note set out under section 201 of this

title.

-End-

-CITE-

27 USC Sec. 208 01/06/03

-EXPCITE-

TITLE 27 - INTOXICATING LIQUORS

CHAPTER 8 - FEDERAL ALCOHOL ADMINISTRATION ACT

SUBCHAPTER I - FEDERAL ALCOHOL ADMINISTRATION

-HEAD-

Sec. 208. Interlocking directorates

-STATUTE-

(a) Offenses

Except as provided in subsection (b) of this section, it shall be

unlawful for any individual to take office, after August 29, 1935,

as an officer or director of any company, if his doing so would

make him an officer or director of more than one company engaged in

business as a distiller, rectifier, or blender of distilled

spirits, or of any such company and of a company which is an

affiliate of any company engaged in business as a distiller,

rectifier, or blender of distilled spirits, or of more than one

company which is an affiliate of any company engaged in business as

a distiller, rectifier, or blender of distilled spirits, unless,

prior to taking such office, application made by such individual to

the Secretary of the Treasury has been granted and after due

showing has been made to him that service by such individual as

officer or director of all the foregoing companies of which he is

an officer or director together with service in the company with

respect to which application is made will not substantially

restrain or prevent competition in interstate or foreign commerce

in distilled spirits. The Secretary of the Treasury shall, by

order, grant or deny such application on the basis of the proof

submitted to him and his finding thereon. The District Courts of

the United States, and the United States court for any Territory

shall have jurisdiction of suits to enjoin, annul, or suspend in

whole or in part any final action by the Secretary upon any

application under this subsection.

(b) Conditions of lawfully taking office

An individual may, without regard to the provisions of subsection

(a) of this section, take office as an officer or director of a

company described in said subsection while holding the position of

officer or director of any other such company if such companies are

affiliates at the time of his taking office and if -

(1) Such companies are affiliates on August 29, 1935; or

(2) Each of such companies has been organized under the law of

a State to comply with a requirement thereof under which, as a

condition of doing business in such State, such company must be

organized under the law of such State; or

(3) One or more such companies has been organized under the law

of a State to comply with a requirement thereof under which, as a

condition of doing business in such State, such company must be

organized under the laws of such State, and the other one or more

of such companies not so organized, is in existence on August 29,

1935; or

(4) One or more of such companies has been organized under the

law of a State to comply with a requirement thereof under which,

as a condition of doing business in such State, such company must

be organized under the law of such State, and not more than one

of such companies is a company which has not been so organized

and which has been organized after August 29, 1935.

(c) "Company" defined

As used in this section, the term "company" means a corporation,

joint stock company, business trust, or association, but does not

include any agency of a State or political subdivision thereof or

any officer or employee of any such agency.

(d) Penalty

Any individual taking office in violation of this section shall

be punished by a fine of not exceeding $1,000.

-SOURCE-

(Aug. 29, 1935, ch. 814, title I, Sec. 108, formerly Sec. 8, 49

Stat. 986; June 25, 1936, ch. 804, 49 Stat. 1921; 1940 Reorg. Plan

No. III, Sec. 2, eff. June 30, 1940, 5 F.R. 2108, 54 Stat. 1232;

June 25, 1948, ch. 646, Sec. 32(b), 62 Stat. 991; May 24, 1949, ch.

139, Sec. 127, 63 Stat. 107; renumbered title I, Sec. 108, and

amended Pub. L. 100-690, title VIII, Sec. 8001(a)(1), (2), (b)(2),

Nov. 18, 1988, 102 Stat. 4517, 4521.)

-COD-

CODIFICATION

As originally enacted subsec. (a) of this section contained a

reference to the Supreme Court of the District of Columbia. Act

June 25, 1936, substituted "the district court of the United States

for the District of Columbia" for "the Supreme Court of the

District of Columbia", and act June 25, 1948, as amended by act May

24, 1949, substituted "United States District Court for the

District of Columbia" for "district court of the United States for

the District of Columbia". However, the words "United States

District Court for the District of Columbia" have been deleted

entirely as superfluous in view of section 132(a) of Title 28,

Judiciary and Judicial Procedure, which states that "There shall be

in each judicial district a district court which shall be a court

of record known as the United States District Court for the

district", and section 88 of Title 28 which states that "the

District of Columbia constitutes one judicial district".

-MISC1-

AMENDMENTS

1988 - Subsecs. (a), (b)(1), (3), (4). Pub. L. 100-690, Sec.

8001(b)(2), substituted "the date of the enactment of this title"

for "the date of the enactment of this Act", which had been

translated editorially as "August 29, 1935", thereby requiring no

change in text.

-TRANS-

TRANSFER OF FUNCTIONS

"Secretary of the Treasury" and "Secretary" were substituted for

"Administrator", meaning the Administrator of the Federal Alcohol

Administration, pursuant to Reorg. Plan No. III of 1940, see note

set out under section 201 of this title.

-End-

-CITE-

27 USC Secs. 209, 210 01/06/03

-EXPCITE-

TITLE 27 - INTOXICATING LIQUORS

CHAPTER 8 - FEDERAL ALCOHOL ADMINISTRATION ACT

SUBCHAPTER I - FEDERAL ALCOHOL ADMINISTRATION

-HEAD-

Secs. 209, 210. Omitted

-COD-

CODIFICATION

Section 209, acts Aug. 29, 1935, ch. 814, title I, Sec. 109,

formerly Sec. 9, 49 Stat. 987; June 26, 1936, ch. 830, title V,

Sec. 507, 49 Stat. 1966; renumbered title I, Sec. 109, Nov. 18,

1988, Pub. L. 100-690, title VIII, Sec. 8001(a)(1), (2), 102 Stat.

4517, which related to disposal of forfeited alcoholic beverages,

was superseded. See section 5688 of Title 26, Internal Revenue

Code.

Section 210, act Aug. 29, 1935, ch. 814, title I, Sec. 110,

formerly Sec. 10, 49 Stat. 987; renumbered title I, Sec. 110, Nov.

18, 1988, Pub. L. 100-690, title VIII, Sec. 8001(a)(1), (2), 102

Stat. 4517, abolished the Federal Alcohol Control Administration

established by Ex. Ord. No. 6474, Dec. 4, 1933; Ex. Ord. No. 6576,

Jan. 25, 1934; Ex. Ord. No. 6683, Apr. 19, 1934; Ex. Ord. No. 6788,

June 30, 1934; Ex. Ord. No. 6829, Aug. 21, 1934, issued under

provisions of section 702 of Title 15, Commerce and Trade.

-End-

-CITE-

27 USC Sec. 211 01/06/03

-EXPCITE-

TITLE 27 - INTOXICATING LIQUORS

CHAPTER 8 - FEDERAL ALCOHOL ADMINISTRATION ACT

SUBCHAPTER I - FEDERAL ALCOHOL ADMINISTRATION

-HEAD-

Sec. 211. Miscellaneous provisions

-STATUTE-

(a) Definitions

As used in this subchapter -

(1) The term "United States" means the several States and

Territories and the District of Columbia; the term "State"

includes a Territory and the District of Columbia; and the term

"Territory" means Alaska, Hawaii, and Puerto Rico.

(2) The term "interstate or foreign commerce" means commerce

between any State and any place outside thereof, or commerce

within any Territory or the District of Columbia, or between

points within the same State but through any place outside

thereof.

(3) The term "person" means individual, partnership, joint

stock company, business trust, association, corporation, or other

form of business enterprise, including a receiver, trustee, or

liquidating agent and including an officer or employee of any

agency of a State or political subdivision thereof; and the term

"trade buyer" means any person who is a wholesaler or retailer.

(4) The term "affiliate" means any one of two or more persons

if one of such persons has actual or legal control, directly or

indirectly, whether by stock ownership or otherwise, of the other

or others of such persons; and any one of two or more persons

subject to common control, actual or legal, directly or

indirectly, whether by stock ownership or otherwise.

(5) The term "distilled spirits" means ethyl alcohol, hydrated

oxide of ethyl, spirits of wine, whiskey, rum, brandy, gin, and

other distilled spirits, including all dilutions and mixtures

thereof, for non-industrial use.

(6) The term "wine" means (1) wine as defined in section 610

and section 617 of the Revenue Act of 1918 as now in force or

hereafter amended, and (2) other alcoholic beverages not so

defined, but made in the manner of wine, including sparkling and

carbonated wine, wine made from condensed grape must, wine made

from other agricultural products than the juice of sound, ripe

grapes, imitation wine, compounds sold as wine, vermouth, cider,

perry and sake; in each instance only if containing not less than

7 per centum and not more than 24 per centum of alcohol by

volume, and if for non-industrial use.

(7) The term "malt beverage" means a beverage made by the

alcoholic fermentation of an infusion or decoction, or

combination of both, in potable brewing water, or malted barley

with hops, or their parts, or their products, and with or without

other malted cereals, and with or without the addition of

unmalted or prepared cereals, other carbohydrates or products

prepared therefrom, and with or without the addition of carbon

dioxide, and with or without other wholesome products suitable

for human food consumption.

(8) The term "bottle" means any container, irrespective of the

material from which made, for use for the sale of distilled

spirits, wine, or malt beverages at retail.

(b) Right to amend or repeal

The right to amend or repeal the provisions of this subchapter is

expressly reserved.

(c) Separability

If any provision of this subchapter, or the application of such

provision to any person or circumstance, is held invalid, the

remainder of the chapter and the application of such provision to

persons or circumstances other than those as to which it is held

invalid, shall not be affected thereby.

-SOURCE-

(Aug. 29, 1935, ch. 814, title I, Sec. 117, formerly Sec. 17, 49

Stat. 989; 1940 Reorg. Plan No. III, Sec. 2, eff. June 30, 1940, 5

F.R. 2108, 54 Stat. 1232; renumbered title I, Sec. 117, and amended

Pub. L. 100-690, title VIII, Sec. 8001(a)(1), (2), (b)(2), Nov. 18,

1988, 102 Stat. 4517, 4521.)

-REFTEXT-

REFERENCES IN TEXT

The Revenue Act of 1918, referred to in subsec. (a)(6), is act

Feb. 24, 1919, ch. 18, 40 Stat. 1057. Sections 610 and 617 of the

Revenue Act of 1918, relating to the definition of "wine", were

originally classified to sections 441 and 444 of former Title 26,

and were thereafter included as sections 3036, 3044 and 3045 of the

Internal Revenue Code of 1939. Provisions of the Internal Revenue

Code of 1986 relating to the definition and classification of wine

appear in sections 5373(a), 5381 to 5388, and 5392 of Title 26,

Internal Revenue Code.

-COD-

CODIFICATION

As originally enacted subsection (a)(1) of this section defined

the term "Administrator" whose appointment was authorized under

section 202 of this title. This definition is no longer effective

since Reorg. Plan No. III of 1940, set out in the Appendix to Title

5, Government Organization and Employees, abolished the Federal

Alcohol Administration and provided that its functions, funds,

personnel, and property should be transferred to the Secretary of

the Treasury to be administered through the Bureau of Internal

Revenue [now Internal Revenue Service]. See, also, Transfer of

Functions note set out under section 201 of this title.

-MISC1-

AMENDMENTS

1988 - Pub. L. 100-690, Sec. 8001(b)(2), substituted "this

subchapter" for "this chapter" wherever appearing.

ADMISSION OF ALASKA AND HAWAII TO STATEHOOD

Alaska was admitted into the Union on Jan. 3, 1959, on issuance

of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, and

Hawaii was admitted into the Union on Aug. 21, 1959, on issuance of

Proc. No. 3309, Aug. 21, 1959, 24 F.R. 6868, 73 Stat. c74. For

Alaska Statehood Law, see Pub. L. 85-508, July 7, 1958, 72 Stat.

339, set out as a note preceding section 21 of Title 48,

Territories and Insular Possessions. For Hawaii Statehood Law, see

Pub. L. 86-3, Mar. 18, 1959, 73 Stat. 4, set out as a note

preceding section 491 of Title 48.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 26 section 5392.

-End-

-CITE-

27 USC Sec. 212 01/06/03

-EXPCITE-

TITLE 27 - INTOXICATING LIQUORS

CHAPTER 8 - FEDERAL ALCOHOL ADMINISTRATION ACT

SUBCHAPTER I - FEDERAL ALCOHOL ADMINISTRATION

-HEAD-

Sec. 212. Omitted

-COD-

CODIFICATION

Section, act June 26, 1936, ch. 830, title V, Sec. 504, 49 Stat.

1965, proposed a transfer of the appropriations authorized for the

Federal Alcohol Administration created by section 202 of this title

to the Administration created by section 202b of this title. It was

to have taken effect when a majority of the members authorized to

be appointed under section 202b of this title took office. The

members, however, were never appointed.

-End-

-CITE-

27 USC SUBCHAPTER II - ALCOHOLIC BEVERAGE LABELING 01/06/03

-EXPCITE-

TITLE 27 - INTOXICATING LIQUORS

CHAPTER 8 - FEDERAL ALCOHOL ADMINISTRATION ACT

SUBCHAPTER II - ALCOHOLIC BEVERAGE LABELING

-HEAD-

SUBCHAPTER II - ALCOHOLIC BEVERAGE LABELING

-End-

-CITE-

27 USC Sec. 213 01/06/03

-EXPCITE-

TITLE 27 - INTOXICATING LIQUORS

CHAPTER 8 - FEDERAL ALCOHOL ADMINISTRATION ACT

SUBCHAPTER II - ALCOHOLIC BEVERAGE LABELING

-HEAD-

Sec. 213. Declaration of policy and purpose

-STATUTE-

The Congress finds that the American public should be informed

about the health hazards that may result from the consumption or

abuse of alcoholic beverages, and has determined that it would be

beneficial to provide a clear, nonconfusing reminder of such

hazards, and that there is a need for national uniformity in such

reminders in order to avoid the promulgation of incorrect or

misleading information and to minimize burdens on interstate

commerce. The Congress finds that requiring such reminders on all

containers of alcoholic beverages is appropriate and necessary in

view of the substantial role of the Federal Government in promoting

the health and safety of the Nation's population. It is therefore

the policy of the Congress, and the purpose of this subchapter, to

exercise the full reach of the Federal Government's constitutional

powers in order to establish a comprehensive Federal program, in

connection with the manufacture and sale of alcoholic beverages in

or affecting interstate commerce, to deal with the provision of

warning or other information with respect to any relationship

between the consumption or abuse of alcoholic beverages and health,

so that -

(1) the public may be adequately reminded about any health

hazards that may be associated with the consumption or abuse of

alcoholic beverages through a nationally uniform, nonconfusing

warning notice on each container of such beverages; and

(2) commerce and the national economy may be -

(A) protected to the maximum extent consistent with this

declared policy,

(B) not impeded by diverse, nonuniform, and confusing

requirements for warnings or other information on alcoholic

beverage containers with respect to any relationship between

the consumption or abuse of alcoholic beverages and health, and

(C) protected from the adverse effects that would result from

a noncomprehensive program covering alcoholic beverage

containers sold in interstate commerce, but not alcoholic

beverage containers manufactured and sold within a single

State.

-SOURCE-

(Aug. 29, 1935, ch. 814, title II, Sec. 202, as added Pub. L.

100-690, title VIII, Sec. 8001(a)(3), Nov. 18, 1988, 102 Stat.

4518.)

-MISC1-

EFFECTIVE DATE

Section 210 of title II of act Aug. 29, 1935, as added Nov. 18,

1988, Pub. L. 100-690, title VIII, Sec. 8001(a)(3), 102 Stat. 4521,

provided that: "Except as provided in section 204(a) [27 U.S.C.

215(a)], this title [enacting this subchapter] shall take effect on

the date of its enactment into law [Nov. 18, 1988]."

SHORT TITLE

For short title of title II of act Aug. 29, 1935, which is

classified to this subchapter, as the "Alcoholic Beverage Labeling

Act of 1988", see section 201 of act Aug. 29, 1935, set out as a

note under section 201 of this title.

-End-

-CITE-

27 USC Sec. 214 01/06/03

-EXPCITE-

TITLE 27 - INTOXICATING LIQUORS

CHAPTER 8 - FEDERAL ALCOHOL ADMINISTRATION ACT

SUBCHAPTER II - ALCOHOLIC BEVERAGE LABELING

-HEAD-

Sec. 214. Definitions

-STATUTE-

As used in this subchapter -

(1) The term "alcoholic beverage" includes any beverage in

liquid form which contains not less than one-half of one percent

of alcohol by volume and is intended for human consumption.

(2) The term "bottle" means to fill a container with an

alcoholic beverage and to seal such container.

(3) The term "bottler" means a person who bottles an alcoholic

beverage.

(4) The term "commerce" means -

(A) commerce between any State, the District of Columbia, the

Commonwealth of Puerto Rico, the Commonwealth of the Northern

Mariana Islands, Guam, the Virgin Islands, American Samoa, Wake

Island, the Midway Islands, Kingman Reef, or Johnston Island

and any place outside thereof;

(B) commerce between points in any State, the District of

Columbia, the Commonwealth of Puerto Rico, the Commonwealth of

the Northern Mariana Islands, Guam, the Virgin Islands,

American Samoa, Wake Island, the Midway Islands, Kingman Reef,

or Johnston Island, but through any place outside thereof; or

(C) commerce wholly within the District of Columbia, the

Commonwealth of Puerto Rico, the Commonwealth of the Northern

Mariana Islands, Guam, the Virgin Islands, American Samoa, Wake

Island, the Midway Islands, Kingman Reef, or Johnston Island.

(5) The term "container" means the innermost sealed container

irrespective of the material from which made, in which an

alcoholic beverage is placed by the bottler and in which such

beverage is offered for sale to members of the general public.

(6) The term "health" includes, but is not limited to, the

prevention of accidents.

(7) The term "person" means an individual, partnership, joint

stock company, business trust, association, corporation, or any

other business or legal entity, including a receiver, trustee, or

liquidating agent, and also includes any State, any State agency,

or any officer or employee thereof.

(8) The term (!1) "sale" and "distribution" include sampling or

any other distribution not for sale.

(9) The term "Secretary" means the Secretary of the Treasury.

(10) The term "State" includes any political subdivision of any

State, the District of Columbia, the Commonwealth of Puerto Rico,

the Commonwealth of the Northern Mariana Islands, Guam, the

Virgin Islands, American Samoa, Wake Island, the Midway Islands,

Kingman Reef, or Johnston Island.

(11) The term "State law" includes State statutes, regulations,

and principles and rules having the force of law.

(12) The term "United States", when used in geographical sense,

includes the several States, the District of Columbia, the

Commonwealth of Puerto Rico, the Commonwealth of the Northern

Mariana Islands, Guam, the Virgin Islands, American Samoa, Wake

Island, the Midway Islands, Kingman Reef, and Johnston Island.

-SOURCE-

(Aug. 29, 1935, ch. 814, title II, Sec. 203, as added Pub. L.

100-690, title VIII, Sec. 8001(a)(3), Nov. 18, 1988, 102 Stat.

4518.)

-FOOTNOTE-

(!1) So in original. Probably should be "terms".

-End-

-CITE-

27 USC Sec. 215 01/06/03

-EXPCITE-

TITLE 27 - INTOXICATING LIQUORS

CHAPTER 8 - FEDERAL ALCOHOL ADMINISTRATION ACT

SUBCHAPTER II - ALCOHOLIC BEVERAGE LABELING

-HEAD-

Sec. 215. Labeling requirement

-STATUTE-

(a) Statement required on container

On and after the expiration of the 12-month period following

November 18, 1988, it shall be unlawful for any person to

manufacture, import, or bottle for sale or distribution in the

United States any alcoholic beverage unless the container of such

beverage bears the following statement:

"GOVERNMENT WARNING: (1) According to the Surgeon General, women

should not drink alcoholic beverages during pregnancy because of

the risk of birth defects. (2) Consumption of alcoholic beverages

impairs your ability to drive a car or operate machinery, and may

cause health problems.".

(b) Conspicuous and prominent location of statement on container

The statement required by subsection (a) of this section shall be

located in a conspicuous and prominent place on the container of

such beverage, as determined by the Secretary, shall be in type of

a size determined by the Secretary, and shall appear on a

contrasting background. The Secretary shall make such

determinations within 90 days after November 18, 1988.

(c) Alcoholic beverages intended for export; beverages intended for

Armed Forces of the United States

Subsection (a) of this section shall not apply with respect to

alcoholic beverages that are manufactured, imported, bottled, or

labeled for export from the United States, or for delivery to a

vessel or aircraft, as supplies, for consumption beyond the

jurisdiction of the internal revenue laws of the United States:

Provided, That this exemption shall not apply with respect to

alcoholic beverages that are manufactured, imported, bottled, or

labeled for sale, distribution, or shipment to members or units of

the Armed Forces of the United States, including those located

outside the United States.

(d) Powers of Secretary; rules and regulations; consultation and

coordination with Surgeon General

The Secretary shall -

(1) have the power to -

(A) ensure the enforcement of the provisions of this

subchapter, and

(B) issue regulations to carry out this subchapter, and

(2) consult and coordinate the health awareness efforts of the

labeling requirements of this subchapter with the Surgeon General

of the United States.

-SOURCE-

(Aug. 29, 1935, ch. 814, title II, Sec. 204, as added Pub. L.

100-690, title VIII, Sec. 8001(a)(3), Nov. 18, 1988, 102 Stat.

4519.)

-REFTEXT-

REFERENCES IN TEXT

The internal revenue laws of the United States, referred to in

subsec. (c), are classified generally to Title 26, Internal Revenue

Code.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 216, 217 of this title.

-End-

-CITE-

27 USC Sec. 216 01/06/03

-EXPCITE-

TITLE 27 - INTOXICATING LIQUORS

CHAPTER 8 - FEDERAL ALCOHOL ADMINISTRATION ACT

SUBCHAPTER II - ALCOHOLIC BEVERAGE LABELING

-HEAD-

Sec. 216. Preemption

-STATUTE-

No statement relating to alcoholic beverages and health, other

than the statement required by section 215 of this title, shall be

required under State law to be placed on any container of an

alcoholic beverage, or on any box, carton, or other package,

irrespective of the material from which made, that contains such a

container.

-SOURCE-

(Aug. 29, 1935, ch. 814, title II, Sec. 205, as added Pub. L.

100-690, title VIII, Sec. 8001(a)(3), Nov. 18, 1988, 102 Stat.

4520.)

-End-

-CITE-

27 USC Sec. 217 01/06/03

-EXPCITE-

TITLE 27 - INTOXICATING LIQUORS

CHAPTER 8 - FEDERAL ALCOHOL ADMINISTRATION ACT

SUBCHAPTER II - ALCOHOLIC BEVERAGE LABELING

-HEAD-

Sec. 217. Report to Congress

-STATUTE-

If, after appropriate investigation and consultation with the

Surgeon General carried out after the expiration of the 24-month

period following November 18, 1988, the Secretary finds that

available scientific information would justify a change in,

addition to, or deletion of the statement, or any part thereof, set

forth in section 215(a) of this title, the Secretary shall promptly

report such information to the Congress together with specific

recommendations for such amendments to this subchapter as the

Secretary determines to be appropriate and in the public interest.

-SOURCE-

(Aug. 29, 1935, ch. 814, title II, Sec. 206, as added Pub. L.

100-690, title VIII, Sec. 8001(a)(3), Nov. 18, 1988, 102 Stat.

4520.)

-End-

-CITE-

27 USC Sec. 218 01/06/03

-EXPCITE-

TITLE 27 - INTOXICATING LIQUORS

CHAPTER 8 - FEDERAL ALCOHOL ADMINISTRATION ACT

SUBCHAPTER II - ALCOHOLIC BEVERAGE LABELING

-HEAD-

Sec. 218. Civil penalties

-STATUTE-

Any person who violates the provisions of this subchapter shall

be subject to a civil penalty of not more than $10,000, and each

day shall constitute a separate offense.

-SOURCE-

(Aug. 29, 1935, ch. 814, title II, Sec. 207, as added Pub. L.

100-690, title VIII, Sec. 8001(a)(3), Nov. 18, 1988, 102 Stat.

4520.)

-End-

-CITE-

27 USC Sec. 219 01/06/03

-EXPCITE-

TITLE 27 - INTOXICATING LIQUORS

CHAPTER 8 - FEDERAL ALCOHOL ADMINISTRATION ACT

SUBCHAPTER II - ALCOHOLIC BEVERAGE LABELING

-HEAD-

Sec. 219. Injunction proceedings; compromise of liability

-STATUTE-

(a) The several district courts of the United States are vested

with jurisdiction, for cause shown, to prevent and restrain

violations of this subchapter upon the application of the Attorney

General of the United States acting through the several United

States attorneys in their several districts.

(b) The Secretary is authorized, with respect to any violation of

this subchapter, to compromise the liability arising with respect

to such violation upon payment of a sum for each offense, to be

collected by the Secretary and to be paid into the Treasury as

miscellaneous receipts.

-SOURCE-

(Aug. 29, 1935, ch. 814, title II, Sec. 208, as added Pub. L.

100-690, title VIII, Sec. 8001(a)(3), Nov. 18, 1988, 102 Stat.

4520.)

-End-

-CITE-

27 USC Sec. 219a 01/06/03

-EXPCITE-

TITLE 27 - INTOXICATING LIQUORS

CHAPTER 8 - FEDERAL ALCOHOL ADMINISTRATION ACT

SUBCHAPTER II - ALCOHOLIC BEVERAGE LABELING

-HEAD-

Sec. 219a. Severability

-STATUTE-

If any provision of this subchapter or the application thereof to

any person or circumstance is held invalid, the validity of the

remainder of this subchapter and this chapter and of the

application of such provision to other persons and circumstances

shall not be affected thereby.

-SOURCE-

(Aug. 29, 1935, ch. 814, title II, Sec. 209, as added Pub. L.

100-690, title VIII, Sec. 8001(a)(3), Nov. 18, 1988, 102 Stat.

4521.)

-End-