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26 U.S.C. § 5613 — Forfeiture of distilled spirits not closed, marked, or branded as required by law
Federal law — U.S. Code and appendices · legal_authorities
**(a) Unmarked or unbranded casks or packages** All distilled spirits found in any cask or package required by this chapter or any regulation issued pursuant thereto to bear a mark, brand, or identification, which cask or package is not marked, branded, or identified in compliance with this chapter and regulations issued pursuant thereto, shall be forfeited to the United States.
**(b) Containers without closures** All distilled spirits found in any container which is required by this chapter to bear a closure or other device and which does not bear a closure or other device in compliance with this chapter shall be forfeited to the United States.
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Source location: Title 26, Chapter 51, § 5613; chapter-051-distilled-spirits-wines-and-beer.md
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**(a) Unmarked or unbranded casks or packages** All distilled spirits found in any cask or package required by this chapter or any regulation issued pursuant thereto to bear a mark, brand, or identification, which cask or package is not marked, branded, or identified in compliance with this chapter and regulations issued pursuant thereto, shall be forfeited to the United States.
**(b) Containers without closures** All distilled spirits found in any container which is required by this chapter to bear a closure or other device and which does not bear a closure or other device in compliance with this chapter shall be forfeited to the United States.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Notice requirements**
(1) **Notice of manufacture of still** — The Secretary may, pursuant to regulations, require any person who manufactures any still, boiler, or other vessel to be used for the purpose of distilling, to give written notice, before the still, boiler, or other vessel is removed from the place of manufacture, setting forth by whom it is to be used, its capacity, and the time of removal from the place of manufacture.
(2) **Notice of set up of still** — The Secretary may, pursuant to regulations, require that no still, boiler, or other vessel be set up without the manufacturer of the still, boiler, or other vessel first giving written notice to the Secretary of that purpose.
**(b) Penalties, etc.**
(1) For penalty and forfeiture for failure to give notice of manufacture, or for setting up a still without first giving notice, when required by the Secretary, see sections 5615(2) and 5687.
(2) For penalty and forfeiture for failure to register still or distilling apparatus when set up, see section 5601(a)(1) and 5615(1).
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 5101
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Federal law — U.S. Code and appendices · legal_authorities
Whoever violates any provision of this chapter or regulations issued pursuant thereto, for which a specific criminal penalty is not prescribed by this chapter, shall be fined not more than $1,000, or imprisoned not more than 1 year, or both, for each such offense.
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 5687
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Federal law — U.S. Code and appendices · legal_authorities
The following property shall be forfeited to the United States:
(1) **Unregistered still or distilling apparatus** — Every still or distilling apparatus not registered as required by section 5179, together with all personal property in the possession or custody or under the control of the person required by section 5179 to register the still or distilling apparatus, and found in the building or in any yard or inclosure connected with the building in which such still or distilling apparatus is set up; and
(2) **Distilling apparatus removed without notice or set up without notice** — Any still, boiler, or other vessel to be used for the purpose of distilling—
(A) which is removed without notice having been given when required by section 5101(a)(1), or
(B) which is set up without notice having been given when required by section 5101(a)(2); and
(3) **Distilling without giving bond or with intent to defraud** — Whenever any person carries on the business of a distiller without having given bond as required by law or gives any false, forged, or fraudulent bond; or engages in or carries on the business of a distiller with intent to defraud the United States of the tax on the distilled spirits distilled by him, or any part thereof; or after the time fixed in the notice declaring his intention to suspend work, filed under section 5221(a), carries on the business of a distiller on the premises covered by such notice, or has mash, wort, or beer on such premises, or on any premises connected therewith, or has in his possession or under his control any mash, wort, or beer, with intent to distill the same on such premises—
(A) all distilled spirits or wines, and all stills or other apparatus fit or intended to be used for the distillation or rectification of spirits, or
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 5615
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Federal law — U.S. Code and appendices · legal_authorities
Page 3244
TITLE 26—INTERNAL REVENUE CODE
§ 5611
Editorial Notes
PRIOR PROVISIONS
A prior section 5610, act Aug. 16, 1954, ch. 736, 68A
Stat. 685, related to penalty for using unregistered ma-
terials for producing spirits, prior to the general revi-
sion of this chapter by Pub. L. 85–859. See section 5603
of this title.
Provisions similar to those comprising this section
were contained in prior section 5622, act Aug. 16, 1954,
ch. 736, 68A Stat. 687, prior to the general revision of
this chapter by Pub. L. 85–859.
AMENDMENTS
1979—Pub. L. 96–39 substituted ‘‘or processing’’ for
‘‘or rectifying’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1979 AMENDMENT
Amendment by Pub. L. 96–39 effective Jan. 1, 1980, see
section 810 of Pub. L. 96–39, set out as a note under sec-
tion 5001 of this title.
§ 5611. Release of distillery before judgment
Any distillery or distilling apparatus seized on
any premises qualified under this chapter, for
any violation of law, may, in the discretion of
the court, be released before final judgment to a
receiver appointed by the court to operate such
distillery or apparatus. Such receiver shall give
bond, which shall be approved in open court,
with corporate surety, for the full appraised
value
of
all
the
property
seized,
to
be
ascertained by three competent appraisers des-
ignated and appointed by the court. Funds ob-
tained from such operation shall be impounded
as the court shall direct pending such final judg-
ment.
(Added Pub. L. 85–859, title II, § 201, Sept. 2, 1958,
72 Stat. 1404.)
Editorial Notes
PRIOR PROVISIONS
A prior section 5611, act Aug. 16, 1954, ch. 736, 68A
Stat. 685, related to penalty for using false weights and
measures, prior to the general revision of this chapter
by Pub.
Source: Supplied 2024 U.S. Code historical extraction · 26 U.S.C. § 5613
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