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Federal law — U.S. Code and appendices · legal_authorities
This subchapter may be cited as the “Federal Alcohol Administration Act”.
Source: Supplied U.S. Code snapshot — release unconfirmed · 27 U.S.C. § 201
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Stable record: federal_law:legal_authorities:record_usc_73c21c8c1f645f5d0abedd4d
Source file: Laws/federal/codes/united-states-code/title-27/section-201-short-title--fc5781ab1e.md
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Passage SHA-256: 3308561a7634103098240258842cf3c0a5da7377b9e404decc71f7cf1d4cde4e
Source location: Title 27, Chapter 8, § 201; chapter-008-federal-alcohol-administration-act.md
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Federal law — U.S. Code and appendices · legal_authorities
Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is declared to be illegal. Every person who shall make any contract or engage in any combination or conspiracy hereby declared to be illegal shall be deemed guilty of a felony, and, on conviction thereof, shall be punished by fine not exceeding $100,000,000 if a corporation, or, if any other person, $1,000,000, or by imprisonment not exceeding 10 years, or by both said punishments, in the discretion of the court.
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1
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Federal law — U.S. Code and appendices · legal_authorities
For the purpose of this chapter— **(a)** The term “consumer commodity”, except as otherwise specifically provided by this subsection, means any food, drug, device, or cosmetic (as those terms are defined by the Federal Food, Drug, and Cosmetic Act [[21 U.S.C. 301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section301&num=0&edition=prelim) et seq.]), and any other article, product, or commodity of any kind or class which is customarily produced or distributed for sale through retail sales agencies or instrumentalities for consumption by individuals, or use by individuals for purposes of personal care or in the performance of services ordinarily rendered within the household, and which usually is consumed or expended in the course of such consumption or use. Such term does not include— (1) any meat or meat product, poultry or poultry product, or tobacco or tobacco product; (2) any commodity subject to packaging or labeling requirements imposed by the Secretary of Agriculture pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act [[7 U.S.C. 136](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section136&num=0&edition=prelim) et seq.], or the provisions of the eighth paragraph under the heading “Bureau of Animal Industry” of the Act of March 4, 1913 (37 Stat. 832–833; [21 U.S.C. 151–157](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section151–157&num=0&edition=prelim)),11 See References in Text note below. commonly known as the Virus-Serum-Toxin Act; (3) any drug subject to the provisions of section 503(b)(1) or 506 of the Federal Food, Drug, and Cosmetic Act ([21 U.S.C. 353(b)(1)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section353/b/1&num=0&edition=prelim) an
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1459
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Marking requirements of the customs laws** Articles entered under [section 1752 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1752&num=0&edition=prelim) shall not be subject to any marking requirements of the customs laws, except that when any such article is entered for consumption under [section 1753 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1753&num=0&edition=prelim) it shall not be released from customs custody until the marking requirements of the customs laws have been complied with. **(b) Packaging, marking, or labeling requirements of the internal-revenue laws or the Federal Alcohol Administration Act** Articles entered under [section 1752 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1752&num=0&edition=prelim) shall not be subject to the packaging, marking, or labeling requirements of the internal-revenue laws or of the Federal Alcohol Administration Act [[27 U.S.C. 201](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title27-section201&num=0&edition=prelim) et seq.], except that any such article failing to comply with such requirements— (1) shall be conspicuously marked prior to exhibition “Not labeled or packaged as required by law—not for sale”, and (2) when entered for consumption under [section 1753 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1753&num=0&edition=prelim), shall not be released from customs custody until such packaging, marking, and labeling requirements have been complied with. The application of the permit requirements of the Federal Alcohol Administration Act and the occupational taxes prescribed by chapter 51 of the Internal Revenue C
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 1754
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Except as provided by sections 102, 206, 207, 302, 304, 402, 403, and 404 of this Act, and the amendments made by such sections, nothing in this Act, or the amendments made by this Act, shall be construed to apply to a facility that— (1) under the Federal Alcohol Administration Act ([27 U.S.C. 201](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title27-section201&num=0&edition=prelim) et seq.) or chapter 51 of subtitle E of the Internal Revenue Code of 1986 ([26 U.S.C. 5001](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section5001&num=0&edition=prelim) et seq.) is required to obtain a permit or to register with the Secretary of the Treasury as a condition of doing business in the United States; and (2) under [section 350d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section350d&num=0&edition=prelim) is required to register as a facility because such facility is engaged in manufacturing, processing, packing, or holding 1 or more alcoholic beverages, with respect to the activities of such facility that relate to the manufacturing, processing, packing, or holding of alcoholic beverages. **(b) Limited receipt and distribution of non-alcohol food** Subsection (a) shall not apply to a facility engaged in the receipt and distribution of any non-alcohol food, except that such paragraph shall apply to a facility described in such paragraph that receives and distributes non-alcohol food, provided such food is received and distributed— (1) in a prepackaged form that prevents any direct human contact with such food; and (2) in amounts that constitute not more than 5 percent of the overall sales of such facility, as determined by the Secretary of the Treasury. **(c) Rule of construc
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 2206
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** For purposes of section 38, the amount of the distilled spirits credit for any taxable year is the amount equal to the product of— (1) in the case of— (A) any eligible wholesaler, the number of cases of bottled distilled spirits— (i) which were bottled in the United States, and (ii) which are purchased by such wholesaler during the taxable year directly from the bottler of such spirits, or (B) any person which is subject to section 5005 and which is not an eligible wholesaler, the number of cases of bottled distilled spirits which are stored in a warehouse operated by, or on behalf of, a State or political subdivision thereof, or an agency of either, on which title has not passed on an unconditional sale basis, and (2) the average tax-financing cost per case for the most recent calendar year ending before the beginning of such taxable year. **(b) Eligible wholesaler** For purposes of this section, the term “eligible wholesaler” means any person which holds a permit under the Federal Alcohol Administration Act as a wholesaler of distilled spirits which is not a State or political subdivision thereof, or an agency of either. **(c) Average tax-financing cost** (1) **In general** — For purposes of this section, the average tax-financing cost per case for any calendar year is the amount of interest which would accrue at the deemed financing rate during a 60-day period on an amount equal to the deemed Federal excise tax per case. (2) **Deemed financing rate** — For purposes of paragraph (1), the deemed financing rate for any calendar year is the average of the corporate overpayment rates under paragraph (1) of section 6621(a) (determined without regard to the last sentence of such paragraph) for calendar quarters of such year. (3) **D
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 5011
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Certain operations may be conducted only on bonded premises** Except as otherwise provided by law, operations as a distiller, warehouseman, or processor may be conducted only on the bonded premises of a distilled spirits plant by a person who is qualified under this subchapter. **(b) Establishment of distilled spirits plant** A distilled spirits plant may be established only by a person who intends to conduct at such plant operations as a distiller, as a warehouseman, or as both. **(c) Registration** (1) **In general** — Each person shall, before commencing operations at a distilled spirits plant (and at such other times as the Secretary may by regulations prescribe), make application to the Secretary for, and receive notice of, the registration of such plant. (2) **Application required where new operations are added** — No operation in addition to those set forth in the application made pursuant to paragraph (1) may be conducted at a distilled spirits plant until the person has made application to the Secretary for, and received notice of, the registration of such additional operation. (3) **Secretary may establish minimum capacity and level of activity requirements** — The Secretary may by regulations prescribe for each type of operation minimum capacity and level of activity requirements for qualifying premises as a distilled spirits plant. (4) **Applicant must comply with law and regulations** — No plant (or additional operation) shall be registered under this section until the applicant has complied with the requirements of law and regulations in relation to the qualification of such plant (or additional operation). **(d) Permits** (1) **Requirements** — Each person required to file an application for registration under subsection (c) whose distilled
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 5171
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Federal law — U.S. Code and appendices · legal_authorities
**(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: Supplied U.S. Code snapshot — release unconfirmed · 27 U.S.C. § 202
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Federal law — U.S. Code and appendices · legal_authorities
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 spir
Source: Supplied U.S. Code snapshot — release unconfirmed · 27 U.S.C. § 203
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Federal law — U.S. Code and appendices · legal_authorities
**(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 applic
Source: Supplied U.S. Code snapshot — release unconfirmed · 27 U.S.C. § 204
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Federal law — U.S. Code and appendices · legal_authorities
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 inducem
Source: Supplied U.S. Code snapshot — release unconfirmed · 27 U.S.C. § 205
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