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27 U.S.C. § 206 — Bulk sales and bottling

Federal law — U.S. Code and appendices · legal_authorities

27 U.S.C. § 206 — Bulk sales and bottling

**(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.

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Source location: Title 27, Chapter 8, § 206; chapter-008-federal-alcohol-administration-act.md

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Federal law — U.S. Code and appendices · legal_authorities

27 U.S.C. § 201 — Short title

This subchapter may be cited as the “Federal Alcohol Administration Act”.

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Federal law — U.S. Code and appendices · legal_authorities

27 U.S.C. § 204 — Permits

**(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

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Federal law — U.S. Code and appendices · legal_authorities

27 U.S.C. § 206 — Bulk sales and bottling

Page 15 TITLE 27—INTOXICATING LIQUORS § 207 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, § 8001(b)(2), sub- stituted ‘‘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’’, there- by 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, state- ments 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 ‘‘Au- gust 15, 1936, in the case of distilled spirits, and Decem- ber 15, 1936, in the case of wine and malt beverages’’ for ‘‘March 1, 1936,’’. Subsec. (e). Act June 26, 1936, amended subsec. (e) generally. Statutory Notes and Related Subsidiaries 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, § 4731] of Pub. L. 106–113, set out as a note under section 1 of Title 35, Patents. Executive Documents TRANSFER OF FUNCTIONS ‘‘Secretary of the Treasury’’ and ‘‘Secretary’’ were substituted in subsecs. (b), (e), and (f) for ‘‘Adminis- trator’’, meaning the Administrator of the Federal Al- cohol Administration, pursuant to Reorg. Plan No. III of 1940, see note set out under section 201 of this title. § 206. Bulk sales and bottling (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 regu

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