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26 U.S.C. § 5215 — Return of tax determined distilled spirits

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

26 U.S.C. § 5215 — Return of tax determined distilled spirits

Page 3199 TITLE 26—INTERNAL REVENUE CODE § 5216 product described in paragraph (14) of section 5214(a) of the Internal Revenue Code of 1986 (as added by this sec- tion) shall not be subject to any requirements related to labeling or bulk sales under— ‘‘(1) section 105 or 106 of the Federal Alcohol Ad- ministration Act (27 U.S.C. 205, 206); or ‘‘(2) section 204 of the Alcoholic Beverage Labeling Act of 1988 (27 U.S.C. 215).’’ § 5215. Return of tax determined distilled spirits to bonded premises (a) General rule Under such regulations as the Secretary may prescribe, distilled spirits on which tax has been determined or paid may be returned to the bond- ed premises of a distilled spirits plant but only for destruction, denaturation, redistillation, re- conditioning, or rebottling. (b) Applicability of chapter to distilled spirits re- turned to a distilled spirits plant All provisions of this chapter applicable to dis- tilled spirits in bond shall be applicable to dis- tilled spirits returned to bonded premises under the provisions of this section on such return. (c) Return of bottled distilled spirits for re- labeling and reclosing Under such regulations as the Secretary shall prescribe, bottled distilled spirits withdrawn from bonded premises may be returned to bond- ed premises for relabeling or reclosing, and the tax under section 5001 shall not again be col- lected on such spirits. (d) Cross reference For provisions relating to the abatement, credit, or refund of tax on distilled spirits returned to a distilled spirits plant under this section, see section 5008(c). (Added Pub. L. 85–859, title II, § 201, Sept. 2, 1958, 72 Stat. 1364; amended Pub. L. 89–44, title VIII, § 805(c), June 21, 1965, 79 Stat. 161; Pub. L. 91–659, § 2(c), Jan. 8, 1971

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Stable record: federal_law:legal_authorities:usc2024-0ca23a2aae695ac3fd17f154
Source file: Laws/federal/codes/united-states-code-2024/title-26/section-5215-return-of-tax-determined-distilled-spirits--4d0a17a30d.md
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Source location: USCODE-2024-title26-subtitleE-chap51-subchapC-partII-subpartA-sec5215.pdf

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Page 3199 TITLE 26—INTERNAL REVENUE CODE § 5216 product described in paragraph (14) of section 5214(a) of the Internal Revenue Code of 1986 (as added by this sec- tion) shall not be subject to any requirements related to labeling or bulk sales under— ‘‘(1) section 105 or 106 of the Federal Alcohol Ad- ministration Act (27 U.S.C. 205, 206); or ‘‘(2) section 204 of the Alcoholic Beverage Labeling Act of 1988 (27 U.S.C. 215).’’ § 5215. Return of tax determined distilled spirits to bonded premises (a) General rule Under such regulations as the Secretary may prescribe, distilled spirits on which tax has been determined or paid may be returned to the bond- ed premises of a distilled spirits plant but only for destruction, denaturation, redistillation, re- conditioning, or rebottling. (b) Applicability of chapter to distilled spirits re- turned to a distilled spirits plant All provisions of this chapter applicable to dis- tilled spirits in bond shall be applicable to dis- tilled spirits returned to bonded premises under the provisions of this section on such return. (c) Return of bottled distilled spirits for re- labeling and reclosing Under such regulations as the Secretary shall prescribe, bottled distilled spirits withdrawn from bonded premises may be returned to bond- ed premises for relabeling or reclosing, and the tax under section 5001 shall not again be col- lected on such spirits. (d) Cross reference For provisions relating to the abatement, credit, or refund of tax on distilled spirits returned to a distilled spirits plant under this section, see section 5008(c). (Added Pub. L. 85–859, title II, § 201, Sept. 2, 1958, 72 Stat. 1364; amended Pub. L. 89–44, title VIII, § 805(c), June 21, 1965, 79 Stat. 161; Pub. L. 91–659, § 2(c), Jan. 8, 1971, 84 Stat. 1964; Pub. L. 94–455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 95–176, § 2(a), Nov. 14, 1977, 91 Stat. 1363; Pub. L. 96–39, title VIII, § 807(a)(29), July 26, 1979, 93 Stat. 285; Pub. L. 98–369, div. A, title IV, § 454(c)(7), July 18, 1984, 98 Stat. 821.) Editorial Notes PRIOR PROVISIONS A prior section 5215, act Aug. 16, 1954, ch. 736, 68A Stat. 640, related to exemption of distillers of fruit brandy from certain requirements, prior to the general revision of this chapter by Pub. L. 85–859. See sections 5201(c), 5312(a), (c), 5373(a) and 5562 of this title. AMENDMENTS 1984—Subsec. (c). Pub. L. 98–369 substituted ‘‘re- closing’’ for ‘‘restamping’’ in heading and text. 1979—Pub. L. 96–39 amended section generally thereby authorizing the return of distilled spirits to the bonded premises of the distilled spirits plant for certain enu- merated purposes except mere storage. 1977—Subsec. (a). Pub. L. 95–176 reenacted existing provisions but struck out last sentence relating to ap- plicability of chapter to distilled spirits returned to bonded premises, which was covered in subsec. (d). Subsecs. (b), (c). Pub. L. 95–176 added subsecs. (b) and (c) and redesignated former subsec. (b) as (e). Subsec. (d). Pub. L. 95–176 redesignated last sentence of former subsec. (a) as subsec. (d) and inserted intro- ductory phrase ‘‘Except as otherwise provided in this section,’’. Subsec. (e). Pub. L. 95–176 redesignated former subsec. (b) as par. (1) and added par. (2). 1976—Subsec. (a). Pub. L. 94–455 struck out ‘‘or his delegate’’ after ‘‘Secretary’’. 1971—Subsec. (a). Pub. L. 91–659, § 2(c)(1), struck out requirements that withdrawn distilled spirits be re- turned when found unsuitable, in bulk containers, be- fore processing and before removal from the original container and permitted return of withdrawn distilled spirits other than products to which any alcoholic in- gredients other than such distilled spirits have been added and made additional authorization under section 5234(a)(1)(B) for mingling returned distilled spirits. Subsec. (b). Pub. L. 91–659, § 2(c)(2), (3), repealed sub- sec. (b) which provided for definition of ‘‘original con- tainer in which such distilled spirits were withdrawn from bonded premises’’ in the case of distilled spirits withdrawn by pipeline. Former subsec. (c) redesignated (b). 1965—Subsec. (a). Pub. L. 89–44 inserted reference to destruction to redistillation, denaturation, and min- gling in second sentence on list of options which might be used in disposing of returned distilled spirits. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–369 effective July 1, 1985, see section 456(b) of Pub. L. 98–369, set out as an Effec- tive Date note under section 5101 of this title. 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. EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95–176 effective on first day of first calendar month beginning more than 90 days after Nov. 14, 1977, see section 7 of Pub. L. 95–176, set out as a note under section 5003 of this title. EFFECTIVE DATE OF 1971 AMENDMENT Amendment by Pub. L. 91–659 effective on first day of first calendar month which begins more than 90 days after January 8, 1971, see section 6 of Pub. L. 91–659, set out as an Effective Date note under section 5066 of this title. EFFECTIVE DATE OF 1965 AMENDMENT Amendment by Pub. L. 89–44 effective July 1, 1965, see section 805(g)(1) of Pub. L. 89–44, set out as a note under section 5008 of this title. DISTILLED SPIRITS TO WHICH ALCOHOLIC INGREDIENTS OTHER THAN DISTILLED SPIRITS HAVE BEEN ADDED AND WHICH HAVE BEEN WITHDRAWN FROM DISTILLED SPIRITS PLANTS BEFORE JANUARY 1, 1980 Subsec. (a) of this section to apply to distilled spirits to which alcoholic ingredients other than distilled spir- its have been added and which have been withdrawn from a distilled spirits plant before Jan. 1, 1980, only if such spirits are returned to the distilled spirits plant from which withdrawn, see section 808(e) of Pub. L. 96–39, set out as a note under section 5061 of this title. § 5216. Regulation of operations For general provisions relating to operations on bonded premises see part I of this subchapter. (Added Pub. L. 85–859, title II, § 201, Sept. 2, 1958, 72 Stat. 1364.) Editorial Notes PRIOR PROVISIONS A prior section 5216, act Aug. 16, 1954, ch. 736, 68A Stat. 640, related to ‘‘mash, wort and vinegar; vinegar

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

26 U.S.C. § 5215 — Return of tax determined distilled spirits to bonded premises

**(a) General rule** Under such regulations as the Secretary may prescribe, distilled spirits on which tax has been determined or paid may be returned to the bonded premises of a distilled spirits plant but only for destruction, denaturation, redistillation, reconditioning, or rebottling. **(b) Applicability of chapter to distilled spirits returned to a distilled spirits plant** All provisions of this chapter applicable to distilled spirits in bond shall be applicable to distilled spirits returned to bonded premises under the provisions of this section on such return. **(c) Return of bottled distilled spirits for relabeling and reclosing** Under such regulations as the Secretary shall prescribe, bottled distilled spirits withdrawn from bonded premises may be returned to bonded premises for relabeling or reclosing, and the tax under section 5001 shall not again be collected on such spirits. **(d) Cross reference** For provisions relating to the abatement, credit, or refund of tax on distilled spirits returned to a distilled spirits plant under this section, see section 5008(c).

Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 5215

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

27 U.S.C. § 205 — Unfair competition and unlawful practices

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

27 U.S.C. § 205 — Unfair competition and unlawful practices

Page 12 TITLE 27—INTOXICATING LIQUORS § 205 modify any provision of the Administrative Procedure Act [see Short Title note preceding section 551 of Title 5, Government Organization and Employees].’’ Executive Documents TRANSFER OF FUNCTIONS ‘‘Secretary of the Treasury’’ and ‘‘Secretary’’ were substituted in subsecs. (a) to (c) and (e) to (i) for ‘‘Ad- ministrator’’, meaning the Administrator of the Fed- eral Alcohol Administration, pursuant to Reorg. Plan No. III of 1940, see note set out under section 201 of this title. § 205. Unfair competition and unlawful practices It shall be unlawful for any person engaged in business as a distiller, brewer, rectifier, blender, or other producer, or as an importer or whole- saler, of distilled spirits, wine, or malt bev- erages, 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 spir- its, 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 inter- state or foreign commerce, or if such person en- gages in such practice to such an extent as sub- stantially to restrain or prevent transactions in interstate or foreign commerce in any such products, or if the direct effect of such require- ment 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,

Source: Supplied 2024 U.S. Code historical extraction · 27 U.S.C. § 205

Stored review status: historical_2024_not_currentness_verified. The source passage cites 27 U.S.C. § 205. This identifies an authority to review, not proof of applicability.

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

27 U.S.C. § 215 — Labeling requirement

**(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 regul

Source: Supplied U.S. Code snapshot — release unconfirmed · 27 U.S.C. § 215

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

27 U.S.C. § 215 — Labeling requirement

Page 19 TITLE 27—INTOXICATING LIQUORS § 217 1 So in original. Probably should be ‘‘terms’’. (B) commerce between points in any State, the District of Columbia, the Common- wealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, Wake Is- land, the Midway Islands, Kingman Reef, or Johnston Island, but through any place out- side 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 inner- most sealed container irrespective of the ma- terial 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’’ in- clude sampling or any other distribution not for sale. (9) The term ‘‘Secretary’’ means the Sec- retary of the Treasury. (10) The term ‘‘State’’ includes any political subdivision of any State, the District of Co- lumbia, 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’

Source: Supplied 2024 U.S. Code historical extraction · 27 U.S.C. § 215

Stored review status: historical_2024_not_currentness_verified. The source passage cites 27 U.S.C. § 215. This identifies an authority to review, not proof of applicability.