27 U.S.C. § 121 — State statutes as operative on termination

Page 5 TITLE 27—INTOXICATING LIQUORS § 122 ation of industrial alcohol plants or denaturing plants, was incorporated in section 3115(a) of Internal Revenue Code of 1939. Section 86, act Oct. 28, 1919, ch. 85, title III, § 16, 41 Stat. 322, related to collection of any tax on alcohol by assessment or by stamp, was incorporated in section 3112(a) of Internal Revenue Code of 1939. Section 87, act Oct. 28, 1919, ch. 85, title III, § 17, 41 Stat. 322, related to release of seized property to claim- ant or any intervening party at discretion of commis- sioner, was incorporated in section 3118 of Internal Rev- enue Code of 1939. Section 88, act Oct. 28, 1919, ch. 85, title III, § 18, 41 Stat. 322, related to applicability of administrative pro- visions of internal revenue laws, was incorporated in section 3122 of Internal Revenue Code of 1939. Section 89, act Oct. 28, 1919, ch. 85, title III, § 19, 41 Stat. 322, provided for repeal of prior laws relating to alcohol. Section 90, act June 26, 1936, ch. 830, title III, § 329(c), 49 Stat. 1957, related to extension of industrial alcohol laws to Puerto Rico and Virgin Islands, was incor- porated in section 3123 of Internal Revenue Code of 1939. Section 90a, act June 26, 1936, ch. 830, title IV, § 414, 49 Stat. 1964, related to effect of act June 26, 1936, upon chapter. CHAPTER 4—PENALTIES §§ 91, 92. Repealed. Aug. 27, 1935, ch. 740, title I, § 1, 49 Stat. 872 Section 91, acts Mar. 2, 1929, ch. 473, § 1, 45 Stat. 1446; Jan. 15, 1931, ch. 29, 46 Stat. 1036, set forth maximum penalties that could be imposed in a criminal prosecu- tion for illegal manufacture, sale, transportation, im- portation, or exportation of intoxicating liquor, as de- fined in section 4 of this title. Section 92, act Mar. 2, 1929, ch. 473, § 2, 45 Stat. 1446, provided that section 91 of this title did not operate to repeal or eliminate any minimum penalty provided by this title for first or subsequent offense. CHAPTER 5—PROHIBITION REORGANIZATION ACT OF 1930 §§ 101 to 108. Repealed. Aug. 27, 1935, ch. 740, title I, § 1, 49 Stat. 872 Section 101, act May 27, 1930, ch. 342, § 1, 46 Stat. 427, provided that this chapter may be cited as the ‘‘Prohi- bition Reorganization Act of 1930’’. Section 102, act May 27, 1930, ch. 342, § 2, 46 Stat. 427, established a Bureau of Prohibition in Department of Justice and authorized appointment of a Director and Assistant Director of Prohibition and designation of of- ficers and employees. Section 103, act May 27, 1930, ch. 342, § 3, 46 Stat. 428, related to creation of an enforcement division in Bu- reau of Prohibition in Treasury Department. Section 104, act May 27, 1930, ch. 342, § 4, 46 Stat. 428, related to imposition of duties on Attorney General with respect to enforcement of prohibition laws. Section 105, acts May 27, 1930, ch. 342, § 5, 46 Stat. 429; Mar. 31, 1933, ch. 18, § 4, 48 Stat. 24, authorized Attorney General and Secretary of the Treasury to jointly pre- scribe regulations relating to permits and prescriptions for liquor for medicinal purposes. Section 106, act May 27, 1930, ch. 342, § 6, 46 Stat. 429, related to filing of reports by Attorney General with Secretary of the Treasury with respect to civil liabil- ities for taxes and penalties and filing of reports by Secretary of the Treasury with Attorney General with respect to revocation of permits. Section 107, act May 27, 1930, ch. 342, § 7, 46 Stat. 429, related to grant, renewal, and amendment of permits. Section 108, act May 27, 1930, ch. 342, § 8, 46 Stat. 430, provided that Bureau of Prohibition shall hereafter be known as Bureau of Industrial Alcohol, and Commis- sioner of Prohibition shall hereafter have title of Com- missioner of Industrial Alcohol. CHAPTER 6—TRANSPORTATION IN INTERSTATE COMMERCE Sec. 121. State statutes as operative on termination of transportation; original packages. 122. Shipments into States for possession or sale in violation of State law. 122a. Injunctive relief in Federal district court. 122b. General provisions. 123. Repealed. 124. Direct shipment of wine. § 121. State statutes as operative on termination of transportation; original packages All fermented, distilled, or other intoxicating liquors or liquids transported into any State or Territory or remaining therein for use, con- sumption, sale, or storage therein, shall upon ar- rival in such State or Territory be subject to the operation and effect of the laws of such State or Territory enacted in the exercise of its police powers, to the same extent and in the same manner as though such liquids or liquors had been produced in such State or Territory, and shall not be exempt therefrom by reason of being introduced therein in original packages or otherwise. (Aug. 8, 1890, ch. 728, 26 Stat. 313.) Statutory Notes and Related Subsidiaries SHORT TITLE Act Aug. 8, 1890, is popularly known as the ‘‘Wilson Act’’ or the ‘‘Original Packages Act’’. § 122. Shipments into States for possession or sale in violation of State law The shipment or transportation, in any man- ner or by any means whatsoever, of any spir- ituous, vinous, malted, fermented, or other in- toxicating liquor of any kind, from one State, Territory, or District of the United States, or place noncontiguous to but subject to the juris- diction thereof, into any other State, Territory, or District of the United States, or place non- contiguous to but subject to the jurisdiction thereof, or from any foreign country into any State, Territory, or District of the United States, or place noncontiguous to but subject to the jurisdiction thereof, which said spirituous, vinous, malted, fermented, or other intoxicating liquor is intended, by any person interested therein, to be received, possessed, sold, or in any manner used, either in the original package or otherwise, in violation of any law of such State, Territory, or District of the United States, or place noncontiguous to but subject to the juris- diction thereof, is prohibited. (Aug. 27, 1935, ch. 740, § 202(b), 49 Stat. 877.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in the act of Mar. 1, 1913, ch. 90, § 1, 37 Stat. 699. Statutory Notes and Related Subsidiaries SHORT TITLE Act Mar. 1, 1913, is popularly known as the ‘‘Webb- Kenyon Act’’.