27 U.S.C. § 211 — Miscellaneous provisions

Page 17 TITLE 27—INTOXICATING LIQUORS § 211 of Columbia. Act June 25, 1936, substituted ‘‘the district court of the United States for the District of Colum- bia’’ for ‘‘the Supreme Court of the District of Colum- bia’’, and act June 25, 1948, as amended by act May 24, 1949, substituted ‘‘United States District Court for the District of Columbia’’ for ‘‘district court of the United States for the District of Columbia’’. However, the words ‘‘United States District Court for the District of Columbia’’ have been deleted entirely as superfluous in view of section 132(a) of Title 28, Judiciary and Judicial Procedure, which states that ‘‘There shall be in each judicial district a district court which shall be a court of record known as the United States District Court for the district’’, and section 88 of Title 28 which states that ‘‘the District of Columbia constitutes one judicial district’’. AMENDMENTS 1988—Subsecs. (a), (b)(1), (3), (4). Pub. L. 100–690, § 8001(b)(2), substituted ‘‘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’’, thereby requiring no change in text. Executive Documents TRANSFER OF FUNCTIONS ‘‘Secretary of the Treasury’’ and ‘‘Secretary’’ were substituted for ‘‘Administrator’’, meaning the Adminis- trator of the Federal Alcohol Administration, pursuant to Reorg. Plan No. III of 1940, see note set out under section 201 of this title. §§ 209, 210. Omitted Editorial Notes CODIFICATION Section 209, acts Aug. 29, 1935, ch. 814, title I, § 109, formerly § 9, 49 Stat. 987; June 26, 1936, ch. 830, title V, § 507, 49 Stat. 1966; renumbered title I, § 109, Nov. 18, 1988, Pub. L. 100–690, title VIII, § 8001(a)(1), (2), 102 Stat. 4517, which related to disposal of forfeited alcoholic beverages, was superseded. See section 5688 of Title 26, Internal Revenue Code. Section 210, act Aug. 29, 1935, ch. 814, title I, § 110, for- merly § 10, 49 Stat. 987; renumbered title I, § 110, Nov. 18, 1988, Pub. L. 100–690, title VIII, § 8001(a)(1), (2), 102 Stat. 4517, abolished the Federal Alcohol Control Administra- tion established by Ex. Ord. No. 6474, Dec. 4, 1933; Ex. Ord. No. 6576, Jan. 25, 1934; Ex. Ord. No. 6683, Apr. 19, 1934; Ex. Ord. No. 6788, June 30, 1934; Ex. Ord. No. 6829, Aug. 21, 1934, issued under provisions of section 702 of Title 15, Commerce and Trade. § 211. Miscellaneous provisions (a) Definitions As used in this subchapter— (1) The term ‘‘United States’’ means the sev- eral States and Territories and the District of Columbia; the term ‘‘State’’ includes a Terri- tory and the District of Columbia; and the term ‘‘Territory’’ means Alaska, Hawaii, and Puerto Rico. (2) The term ‘‘interstate or foreign com- merce’’ means commerce between any State and any place outside thereof, or commerce within any Territory or the District of Colum- bia, or between points within the same State but through any place outside thereof. (3) The term ‘‘person’’ means individual, partnership, joint stock company, business trust, association, corporation, or other form of business enterprise, including a receiver, trustee, or liquidating agent and including an officer or employee of any agency of a State or political subdivision thereof; and the term ‘‘trade buyer’’ means any person who is a wholesaler or retailer. (4) The term ‘‘affiliate’’ means any one of two or more persons if one of such persons has actual or legal control, directly or indirectly, whether by stock ownership or otherwise, of the other or others of such persons; and any one of two or more persons subject to common control, actual or legal, directly or indirectly, whether by stock ownership or otherwise. (5) The term ‘‘distilled spirits’’ means ethyl alcohol, hydrated oxide of ethyl, spirits of wine, whiskey, rum, brandy, gin, and other distilled spirits, including all dilutions and mixtures thereof, for non-industrial use. (6) The term ‘‘wine’’ means (1) wine as de- fined in section 610 and section 617 of the Rev- enue Act of 1918 as now in force or hereafter amended, and (2) other alcoholic beverages not so defined, but made in the manner of wine, including sparkling and carbonated wine, wine made from condensed grape must, wine made from other agricultural products than the juice of sound, ripe grapes, imitation wine, compounds sold as wine, vermouth, cider, perry and sake; in each instance only if con- taining not less than 7 per centum and not more than 24 per centum of alcohol by volume, and if for non-industrial use. (7) The term ‘‘malt beverage’’ means a bev- erage made by the alcoholic fermentation of an infusion or decoction, or combination of both, in potable brewing water, of malted bar- ley with hops, or their parts, or their products, and with or without other malted cereals, and with or without the addition of unmalted or prepared cereals, other carbohydrates or prod- ucts prepared therefrom, and with or without the addition of carbon dioxide, and with or without other wholesome products suitable for human food consumption. (8) The term ‘‘bottle’’ means any container, irrespective of the material from which made, for use for the sale of distilled spirits, wine, or malt beverages at retail. (b) Right to amend or repeal The right to amend or repeal the provisions of this subchapter is expressly reserved. (c) Separability If any provision of this subchapter, or the ap- plication of such provision to any person or cir- cumstance, is held invalid, the remainder of the chapter and the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. (Aug. 29, 1935, ch. 814, title I, § 117, formerly § 17, 49 Stat. 989; 1940 Reorg. Plan No. III, § 2, eff. June 30, 1940, 5 F.R. 2108, 54 Stat. 1232; renumbered title I, § 117, and amended Pub. L. 100–690, title VIII, § 8001(a)(1), (2), (b)(2), Nov. 18, 1988, 102 Stat. 4517, 4521.) Editorial Notes REFERENCES IN TEXT The Revenue Act of 1918, referred to in subsec. (a)(6), is act Feb. 24, 1919, ch. 18, 40 Stat. 1057. Sections 610 and Page 18 TITLE 27—INTOXICATING LIQUORS § 212 617 of the Revenue Act of 1918, relating to the definition of ‘‘wine’’, were originally classified to sections 441 and 444 of former Title 26, and were thereafter included as sections 3036, 3044 and 3045 of the Internal Revenue Code of 1939. Provisions of the Internal Revenue Code of 1986 relating to the definition and classification of wine ap- pear in sections 5373(a), 5381 to 5388, and 5392 of Title 26, Internal Revenue Code. CODIFICATION As originally enacted subsection (a)(1) of this section defined the term ‘‘Administrator’’ whose appointment was authorized under section 202 of this title. This defi- nition is no longer effective since Reorg. Plan No. III of 1940, set out in the Appendix to Title 5, Government Or- ganization and Employees, abolished the Federal Alco- hol Administration and provided that its functions, funds, personnel, and property should be transferred to the Secretary of the Treasury to be administered through the Bureau of Internal Revenue [now Internal Revenue Service]. See, also, Transfer of Functions note set out under section 201 of this title. AMENDMENTS 1988—Pub. L. 100–690, § 8001(b)(2), substituted ‘‘this subchapter’’ for ‘‘this chapter’’ wherever appearing. Executive Documents ADMISSION OF ALASKA AND HAWAII TO STATEHOOD Alaska was admitted into the Union on Jan. 3, 1959, on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, and Hawaii was admitted into the Union on Aug. 21, 1959, on issuance of Proc. No. 3309, Aug. 21, 1959, 24 F.R. 6868, 73 Stat. c74. For Alaska Statehood Law, see Pub. L. 85–508, July 7, 1958, 72 Stat. 339, set out as a note preceding section 21 of Title 48, Territories and Insular Possessions. For Hawaii Statehood Law, see Pub. L. 86–3, Mar. 18, 1959, 73 Stat. 4, set out as a note preceding section 491 of Title 48. § 212. Omitted Editorial Notes CODIFICATION Section, act June 26, 1936, ch. 830, title V, § 504, 49 Stat. 1965, proposed a transfer of the appropriations au- thorized for the Federal Alcohol Administration cre- ated by section 202 of this title to the Administration created by section 202b of this title. It was to have taken effect when a majority of the members author- ized to be appointed under section 202b of this title took office. The members, however, were never ap- pointed. SUBCHAPTER II—ALCOHOLIC BEVERAGE LABELING § 213. Declaration of policy and purpose The Congress finds that the American public should be informed about the health hazards that may result from the consumption or abuse of alcoholic beverages, and has determined that it would be beneficial to provide a clear, noncon- fusing reminder of such hazards, and that there is a need for national uniformity in such re- minders in order to avoid the promulgation of incorrect or misleading information and to min- imize burdens on interstate commerce. The Con- gress finds that requiring such reminders on all containers of alcoholic beverages is appropriate and necessary in view of the substantial role of the Federal Government in promoting the health and safety of the Nation’s population. It is therefore the policy of the Congress, and the purpose of this subchapter, to exercise the full reach of the Federal Government’s constitu- tional powers in order to establish a comprehen- sive Federal program, in connection with the manufacture and sale of alcoholic beverages in or affecting interstate commerce, to deal with the provision of warning or other information with respect to any relationship between the consumption or abuse of alcoholic beverages and health, so that— (1) the public may be adequately reminded about any health hazards that may be associ- ated with the consumption or abuse of alco- holic beverages through a nationally uniform, nonconfusing warning notice on each con- tainer of such beverages; and (2) commerce and the national economy may be— (A) protected to the maximum extent con- sistent with this declared policy, (B) not impeded by diverse, nonuniform, and confusing requirements for warnings or other information on alcoholic beverage con- tainers with respect to any relationship be- tween the consumption or abuse of alcoholic beverages and health, and (C) protected from the adverse effects that would result from a noncomprehensive pro- gram covering alcoholic beverage containers sold in interstate commerce, but not alco- holic beverage containers manufactured and sold within a single State. (Aug. 29, 1935, ch. 814, title II, § 202, as added Pub. L. 100–690, title VIII, § 8001(a)(3), Nov. 18, 1988, 102 Stat. 4518.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Act Aug. 29, 1935, ch. 814, title II, § 210, as added Nov. 18, 1988, Pub. L. 100–690, title VIII, § 8001(a)(3), 102 Stat. 4521, provided that: ‘‘Except as provided in section 204(a) [27 U.S.C. 215(a)], this title [enacting this sub- chapter] shall take effect on the date of its enactment into law [Nov. 18, 1988].’’ SHORT TITLE For short title of title II of act Aug. 29, 1935, which is classified to this subchapter, as the ‘‘Alcoholic Bev- erage Labeling Act of 1988’’, see section 201 of act Aug. 29, 1935, set out as a note under section 201 of this title. § 214. Definitions As used in this subchapter— (1) The term ‘‘alcoholic beverage’’ includes any beverage in liquid form which contains not less than one-half of one percent of alcohol by volume and is intended for human con- sumption. (2) The term ‘‘bottle’’ means to fill a con- tainer with an alcoholic beverage and to seal such container. (3) The term ‘‘bottler’’ means a person who bottles an alcoholic beverage. (4) The term ‘‘commerce’’ means— (A) commerce between any State, the Dis- trict 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 and any place outside thereof;