27 U.S.C. § 214 — Definitions

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 CODIFICATION As originally enacted subsection (a)(1) of this section defined the term ‘‘Administrator’’ whose appointment was authorized under section 202 of this title.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; 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’’ includes State statutes, regulations, and principles and rules having the force of law. (12) The term ‘‘United States’’, when used in geographical sense, includes the several States, the District of Columbia, the Common- wealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, the Vir- gin Islands, American Samoa, Wake Island, the Midway Islands, Kingman Reef, and John- ston Island. (Aug. 29, 1935, ch. 814, title II, § 203, as added Pub. L. 100–690, title VIII, § 8001(a)(3), Nov. 18, 1988, 102 Stat. 4518.) § 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 con- tainer 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 al- coholic beverages impairs your ability to drive a car or operate machinery, and may cause health problems.’’. (b) Conspicuous and prominent location of state- ment 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; bev- erages 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 alco- holic beverages that are manufactured, im- ported, bottled, or labeled for sale, distribution, or shipment to members or units of the Armed Forces of the United States, including those lo- cated outside the United States. (d) Powers of Secretary; rules and regulations; consultation and coordination with Surgeon General The Secretary shall— (1) have the power to— (A) ensure the enforcement of the provi- sions of this subchapter, and (B) issue regulations to carry out this sub- chapter, and (2) consult and coordinate the health aware- ness efforts of the labeling requirements of this subchapter with the Surgeon General of the United States. (Aug. 29, 1935, ch. 814, title II, § 204, as added Pub. L. 100–690, title VIII, § 8001(a)(3), Nov. 18, 1988, 102 Stat. 4519.) Editorial Notes REFERENCES IN TEXT The internal revenue laws of the United States, re- ferred to in subsec. (c), are classified generally to Title 26, Internal Revenue Code. § 216. Preemption No statement relating to alcoholic beverages and health, other than the statement required by section 215 of this title, shall be required under State law to be placed on any container of an alcoholic beverage, or on any box, carton, or other package, irrespective of the material from which made, that contains such a container. (Aug. 29, 1935, ch. 814, title II, § 205, as added Pub. L. 100–690, title VIII, § 8001(a)(3), Nov. 18, 1988, 102 Stat. 4520.) § 217. Report to Congress If, after appropriate investigation and con- sultation with the Surgeon General carried out