-CITE-
    27 USC TITLE 27 - INTOXICATING LIQUORS                      01/03/2007

-EXPCITE-
    TITLE 27 - INTOXICATING LIQUORS
    
-HEAD-    
                      TITLE 27 - INTOXICATING LIQUORS                  

-MISC1-
                                                                
    Chap.                                                            Sec.
    1.      General Provisions [Repealed]                              1
    2.      Prohibition of Intoxicating Beverages [Repealed,
             Omitted, or Transferred]                                 11
    2A.     Beer, Ale, Porter, and Similar Fermented Liquor
             [Repealed or Omitted]                                   64a
    3.      Industrial Alcohol [Omitted]                              71
    4.      Penalties [Repealed]                                      91
    5.      Prohibition Reorganization Act of 1930 [Repealed]        101
    6.      Transportation in Interstate Commerce                    121
    7.      Liquor Law Repeal and Enforcement Act [Omitted]          151
    8.      Federal Alcohol Administration Act                       201
    9.      Liquor Enforcement Act of 1936 [Repealed]                221

-End-

-CITE-
    27 USC CHAPTER 1 - GENERAL PROVISIONS                       01/03/2007

-EXPCITE-
    TITLE 27 - INTOXICATING LIQUORS
    CHAPTER 1 - GENERAL PROVISIONS

-HEAD-
                      CHAPTER 1 - GENERAL PROVISIONS                  

-MISC1-
    EFFECT OF 21ST AMENDMENT; EXTENT OF REPEAL OF TITLE II OF NATIONAL
                              PROHIBITION ACT
      Act Oct. 28, 1919, ch. 85, 41 Stat. 305, as amended and
    supplemented, known as the National Prohibition Act, was included
    in chapters 1, 2, 3, and 4 of this title. Such provisions of that
    act and subsequent legislation as were dependent upon the 18th
    Amendment to the United States Constitution became inoperative by
    adoption of the 21st Amendment to the Constitution on Dec. 5, 1933,
    repealing the 18th Amendment.
      Sections 2 to 5 of this chapter (acts Oct. 28, 1919, ch. 85, Sec.
    1, 41 Stat. 307; Nov. 23, 1921, ch. 134, Secs. 3, 5, 42 Stat. 223)
    and sections 11 to 40, 44 to 57, 61, 62, and 64 of chapter 2 (acts
    Oct. 28, 1919, ch. 85, Secs. 2 to 39, 41 Stat. 308 to 319; Nov. 23,
    1921, ch. 134, Secs. 2, 5, 42 Stat. 222, 223; Mar. 31, 1933, ch.
    18, Secs. 1 to 3, 48 Stat. 23, 24) constituting title II of the
    National Prohibition Act as amended and supplemented, were repealed
    to the extent in force in the District of Columbia, Puerto Rico and
    the Virgin Islands, Hawaii, and Alaska by acts Jan. 24, 1934, ch.
    4, Sec. 1, 48 Stat. 319; Mar. 2, 1934, ch. 37, Secs. 2, 3, 48 Stat.
    361; Mar. 26, 1934, ch. 88, Secs. 2, 3, 48 Stat. 467; and Apr. 13,
    1934, ch. 119, Secs. 1, 5, 48 Stat. 583, 584, respectively.

-End-

-CITE-
    27 USC Secs. 1 to 5                                         01/03/2007

-EXPCITE-
    TITLE 27 - INTOXICATING LIQUORS
    CHAPTER 1 - GENERAL PROVISIONS

-HEAD-
    Secs. 1 to 5. Repealed. Aug. 27, 1935, ch. 740, title I, Sec. 1, 49
      Stat. 872

-MISC1-
      Section 1, act Oct. 28, 1919, ch. 85, Sec. 1, 41 Stat. 305, set
    forth the short title of act as "National Prohibition Act".
      Section 2, act Nov. 23, 1921, ch. 134, Sec. 3, 42 Stat. 223,
    provided that this title apply to the United States and all
    territory subject to its jurisdiction, including the Territory of
    Hawaii and the Virgin Islands.
      Section 3, act Nov. 23, 1921, ch. 134, Sec. 5, 42 Stat. 223,
    authorized all laws relating to the manufacture and taxation of and
    traffic in intoxicating liquor, and all penalties for violations of
    such laws that were in force on Oct. 28, 1919, to continue in
    force, as to both beverage and nonbeverage liquor, except to the
    extent provisions of such laws were directly in conflict with
    provisions of this title.
      Section 4, acts Oct. 28, 1919, ch. 85, title II, Sec. 1, 41 Stat.
    307; Nov. 23, 1921, ch. 134, Sec. 1, 42 Stat. 222, defined "liquor"
    or "intoxicating liquor", "person", "commissioner", "application",
    "permit", "bond", and "regulation".
      Section 5, act Oct. 28, 1919, ch. 85, title II, Sec. 1, 41 Stat.
    308, provided that any act authorized to be done by the
    commissioner could be performed by any assistant or agent
    designated by him for that purpose, and any records required to be
    filed with the commissioner could be filed with an assistant
    commissioner or any other person designated to receive such
    records.

-End-

-CITE-
    27 USC CHAPTER 2 - PROHIBITION OF INTOXICATING BEVERAGES    01/03/2007

-EXPCITE-
    TITLE 27 - INTOXICATING LIQUORS
    CHAPTER 2 - PROHIBITION OF INTOXICATING BEVERAGES

-HEAD-
             CHAPTER 2 - PROHIBITION OF INTOXICATING BEVERAGES         
      This chapter, comprising sections 11 to 64, in large measure
    became inoperative by the adoption of the 21st Amendment to the
    Constitution. See note preceding sections 1 to 5 of this title.
      Repeal of provisions of this title affecting District of
    Columbia, Puerto Rico, Virgin Islands, Hawaii and Alaska, see note
    preceding sections 1 to 5 of this title.

-End-

-CITE-
    27 USC Secs. 11 to 40                                       01/03/2007

-EXPCITE-
    TITLE 27 - INTOXICATING LIQUORS
    CHAPTER 2 - PROHIBITION OF INTOXICATING BEVERAGES

-HEAD-
    Secs. 11 to 40. Repealed. Aug. 27, 1935, ch. 740, title I, Sec. 1,
      49 Stat. 872

-MISC1-
      Section 11, act Oct. 28, 1919, ch. 85, title II, Sec. 2, 41 Stat.
    308, authorized Commissioner of Internal Revenue, his assistants,
    agents, and inspectors to swear out warrants before United States
    commissioners [now United States magistrate judges] or other
    officers or courts authorized to issue warrants, and to investigate
    and report violations of this title to United States attorney for
    district in which violations were committed.
      Section 12, act Oct. 28, 1919, ch. 85, title II, Sec. 3, 41 Stat.
    308, provided that no person manufacture, sell, barter, transport,
    import, export, deliver, furnish or possess any intoxicating liquor
    except as otherwise provided by provisions of this title.
      Section 13, act Oct. 28, 1919, ch. 85, title II, Sec. 4, 41 Stat.
    309, exempted specified articles, after having been manufactured
    and prepared for market, from provisions of this title, required
    manufacturers of such exempt articles to secure permits, give
    bonds, keep records, and make reports, and made unlawful the
    failure to comply with any of foregoing requirements.
      Section 14, act Oct. 28, 1919, ch. 85, title II, Sec. 5, 41 Stat.
    309, authorized commissioner to analyze specified manufactured
    articles in order to determine whether said articles constituted
    intoxicating liquors.
      Section 15, act Nov. 23, 1921, ch. 134, Sec. 2, 42 Stat. 222,
    authorized commissioner to order a change of formula of
    preparations used as a beverage or for intoxicating liquor purposes
    where sale or use of such preparations was substantially increased
    in community by reason of its use as a beverage or for intoxicating
    beverage purposes.
      Section 16, act Oct. 28, 1919, ch. 85, title II, Sec. 6, 41 Stat.
    310, required that any person manufacturing, selling, purchasing,
    transporting, or prescribing any liquor, except liquor purchased
    and used for medicinal purposes when prescribed by a physician,
    liquor purchased and used in a bona fide hospital or sanitarium for
    treatment of alcoholism, and wine manufactured, etc., for
    sacramental or religious purposes, first obtain a permit from
    commissioner.
      Section 17, act Oct. 28, 1919, ch. 85, title II, Sec. 7, 41 Stat.
    311, authorized no one but a physician holding a permit to
    prescribe liquor to issue any prescription for liquor, required
    every such physician to keep a record of every prescription issued,
    and required pharmacist filling each prescription issued to indorse
    upon it over his own signature "canceled".
      Section 18, act Nov. 23, 1921, ch. 134, Sec. 2, 42 Stat. 222,
    specified kinds of liquor which could be prescribed for medicinal
    purposes, percentage of alcohol in such prescriptions, and quantity
    permitted to be prescribed.
      Section 19, act Oct. 28, 1919, ch. 85, title II, Sec. 8, 41 Stat.
    311, authorized commissioner to issue prescription blanks, free of
    cost, to physicians holding permits to prescribe liquor for
    medicinal purposes.
      Section 20, act Nov. 23, 1921, ch. 134, Sec. 2, 42 Stat. 222, set
    forth number of prescription blanks that could be issued to a
    physician, and number of prescriptions that could be issued by a
    physician.
      Section 21, act Oct. 28, 1919, ch. 85, title II, Sec. 9, 41 Stat.
    311, set forth procedure by which commissioner could cite
    permittees believed not to be conforming to provisions of this
    title, or who had violated laws of any State relating to
    intoxicating liquors.
      Section 22, act Oct. 28, 1919, ch. 85, title II, Sec. 10, 41
    Stat. 312, required every person manufacturing, purchasing,
    selling, or transporting any liquor to make and keep a permanent
    record of all such transactions.
      Section 23, act Oct. 28, 1919, ch. 85, title II, Sec. 11, 41
    Stat. 312, required all manufacturers and wholesale or retail
    druggists to keep a copy of all permits to purchase on which a sale
    of any liquor was made.
      Section 24, act Oct. 28, 1919, ch. 85, title II, Sec. 12, 41
    Stat. 312, required all persons manufacturing liquor for sale to
    attach labels to every container, and specified the information to
    be placed on such labels.
      Section 25, act Oct. 28, 1919, ch. 85, title II, Sec. 13, 41
    Stat. 312, required every carrier to make a record at place of
    shipment of receipt of any liquor transported, and to deliver
    liquor only to persons presenting to him a verified copy of a
    permit to purchase.
      Section 26, act Oct. 28, 1919, ch. 85, title II, Sec. 14, 41
    Stat. 312, made it unlawful for any person to use or induce any
    carrier, or any agent or employee thereof, to carry or ship any
    package or receptacle containing liquor without notifying carrier
    of true nature and character of shipment, and required all packages
    carrying liquor to contain enumerated information.
      Section 27, act Oct. 28, 1919, ch. 85, title II, Sec. 15, 41
    Stat. 313, made it unlawful for any consignee to accept any package
    containing liquor upon which appeared a statement known by him to
    be false, or for any carrier to consign, etc., any such package,
    knowing such statement to be false.
      Section 28, act Oct. 28, 1919, ch. 85, title II, Sec. 16, 41
    Stat. 313, made it unlawful to order a carrier to deliver liquor to
    any person not a bona fide consignee.
      Section 29, act Oct. 28, 1919, ch. 85, title II, Sec. 17, 41
    Stat. 313, made it unlawful to advertise liquor, or manufacture,
    sale, or keeping for sale of liquor, and exempted manufacturers and
    wholesale druggists holding permits to sell liquor from prohibition
    when furnishing price lists to persons permitted to purchase liquor
    or when advertising in business publications.
      Section 30, act Oct. 28, 1919, ch. 85, title II, Sec. 18, 41
    Stat. 313, made it unlawful to advertise, manufacture, sell, or
    possess for sale any utensil, ingredient, or formula intended for
    use in unlawful manufacture of intoxicating liquor.
      Section 31, act Oct. 28, 1919, ch. 85, title II, Sec. 19, 41
    Stat. 313, prohibited any person from soliciting or receiving
    orders for liquor or giving information as to how liquor could be
    obtained in violation of this title.
      Section 32, act Oct. 28, 1919, ch. 85, title II, Sec. 20, 41
    Stat. 313, gave a right of action to any person injured in person,
    property, means of support, or otherwise by any intoxicated person
    against any person who unlawfully sold liquor to such intoxicated
    person, or caused or contributed to such intoxication.
      Section 33, act Oct. 28, 1919, ch. 85, title II, Sec. 21, 41
    Stat. 314, declared any property used in connection with a
    violation of this title to be a common nuisance, set forth
    punishment for maintenance of a common nuisance, and made owner of
    such property liable.
      Section 34, act Oct. 28, 1919, ch. 85, title II, Sec. 22, 41
    Stat. 314, set forth procedure which authorized an action in equity
    to enjoin any nuisance defined in this title.
      Section 35, act Oct. 28, 1919, ch. 85, title II, Sec. 23, 41
    Stat. 314, declared any person keeping or carrying liquor with
    intent to sell, or soliciting orders for liquor guilty of a
    nuisance and restrainable by injunction.
      Section 36, act Oct. 29, 1919, ch. 85, title II, Sec. 23, 41
    Stat. 314, set forth fees of officers removing and selling property
    in enforcement of these provisions.
      Section 37, act Oct. 28, 1919, ch. 85, title II, Sec. 23, 41
    Stat. 314, provided that any violation upon any leased premises by
    the lessee or occupant thereof could, at the option of the lessor,
    work a forfeiture of lease.
      Section 38, act Oct. 28, 1919, ch. 85, title II, Sec. 24, 41
    Stat. 315, set forth procedure and punishment for violation of any
    injunction granted pursuant to these provisions.
      Section 39, act Oct. 28, 1919, ch. 85, title II, Sec. 25, 41
    Stat. 315, prohibited unlawful possession of liquor or property
    designed for manufacture thereof, and authorized issuance of search
    warrants and destruction of unlawfully possessed liquor and
    property seized pursuant to such search warrants.
      Section 40, act Oct. 28, 1919, ch. 85, title II, Sec. 26, 41
    Stat. 315, set forth procedure for seizure and destruction of
    unlawfully transported liquor and sale of any vehicle found to be
    used for such transportation.

-End-

-CITE-
    27 USC Sec. 40a                                             01/03/2007

-EXPCITE-
    TITLE 27 - INTOXICATING LIQUORS
    CHAPTER 2 - PROHIBITION OF INTOXICATING BEVERAGES

-HEAD-
    Sec. 40a. Repealed. June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862

-MISC1-
      Section, act Aug. 27, 1935, ch. 740, Sec. 204, 49 Stat. 878,
    related to remission or mitigation of forfeiture of a seized
    vehicle or aircraft. See section 3668 of Title 18, Crimes and
    Criminal Procedure.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective Sept. 1, 1948, see section 20 of act June 25,
    1948.

-End-

-CITE-
    27 USC Secs. 41 to 43                                       01/03/2007

-EXPCITE-
    TITLE 27 - INTOXICATING LIQUORS
    CHAPTER 2 - PROHIBITION OF INTOXICATING BEVERAGES

-HEAD-
    Secs. 41 to 43. Repealed. Aug. 27, 1935, ch. 740, title III, Sec.
      308(a), 49 Stat. 880

-MISC1-
      Section 41, act Mar. 3, 1925, ch. 438, Sec. 1, 43 Stat. 1116,
    related to use of forfeited vessels or vehicles for enforcement of
    provisions of this title in lieu of sale.
      Section 42, acts Mar. 3, 1925, ch. 438, Sec. 2, 43 Stat. 1116;
    May 27, 1930, ch. 342, Secs. 9, 10, 46 Stat. 430, related to
    application by a department head for which seizure of a vessel or
    vehicle is made to deliver such vessel or vehicle to Department of
    Justice for use in enforcement of this title, the 18th Amendment,
    or the customs laws.
      Section 43, act Mar. 3, 1925, ch. 438, Sec. 3, 43 Stat. 1116,
    related to limitation on use of forfeited vessels or vehicles.

-End-

-CITE-
    27 USC Secs. 43a, 43b                                       01/03/2007

-EXPCITE-
    TITLE 27 - INTOXICATING LIQUORS
    CHAPTER 2 - PROHIBITION OF INTOXICATING BEVERAGES

-HEAD-
    Secs. 43a, 43b. Omitted

-COD-
                               CODIFICATION                           
      Section 43a, acts May 14, 1937, ch. 180, Sec. 1, 50 Stat. 145;
    Mar. 28, 1938, ch. 55, Sec. 1, 52 Stat. 128, related to use by
    narcotics agents of motor vehicles confiscated pursuant to section
    43 of this title.
      Section 43b, acts May 6, 1939, ch. 115, title I, Sec. 1, 53 Stat.
    663; Mar. 25, 1940, ch. 71, title I, 54 Stat. 63, related to use by
    narcotics agents of motor vehicles confiscated pursuant to section
    157 of this title. See section 3616 of Title 18, Crimes and
    Criminal Procedure.

-End-

-CITE-
    27 USC Secs. 44 to 57                                       01/03/2007

-EXPCITE-
    TITLE 27 - INTOXICATING LIQUORS
    CHAPTER 2 - PROHIBITION OF INTOXICATING BEVERAGES

-HEAD-
    Secs. 44 to 57. Repealed. Aug. 27, 1935, ch. 740, title I, Sec. 1,
      49 Stat. 872

-MISC1-
      Section 44, act Oct. 28, 1919, ch. 85, title II, Sec. 27, 41
    Stat. 316, authorized delivery to any department or agency of
    United States, for medicinal, mechanical, or scientific use, or
    private sale for such purposes to any person having a permit to
    purchase, of liquor subject to destruction pursuant to provisions
    of this title.
      Section 45, act Oct. 28, 1919, ch. 85, title II, Sec. 28, 41
    Stat. 316, gave to commissioner, his assistants, agents, and
    inspectors all power and protection in enforcement of this title
    which had been conferred by law for enforcement of prior laws
    relating to manufacture or sale of intoxicating liquor.
      Section 46, act Oct. 28, 1919, ch. 85, title II, Sec. 29, 41
    Stat. 316, set forth punishment for any person found guilty of
    unlawfully manufacturing or selling liquor, violating provisions of
    any permit, or making any false record, report, or affidavit.
      Section 47, act Oct. 28, 1919, ch. 85, title II, Sec. 30, 41
    Stat. 317, took away privilege against self-incrimination from any
    person ordered to testify or produce books, papers, etc., and
    provided that any person so ordered to testify or produce would be
    immune from any prosecution based on evidence provided.
      Section 48, act Oct. 28, 1919, ch. 85, title II, Sec. 31, 41
    Stat. 317, set forth venue in any prosecution for unlawful sale of
    liquor.
      Section 49, act Oct. 28, 1919, ch. 85, title II, Sec. 32, 41
    Stat. 317, authorized joinder of separate offenses in prosecutions
    for violations of this title, and set forth requirements for any
    affidavit, information, or indictment issued pursuant to such
    prosecutions.
      Section 50, act Oct. 28, 1919, ch. 85, title II, Sec. 33, 41
    Stat. 317, made possession of liquor by any person not legally
    permitted to possess liquor prima facie evidence of unlawful
    purpose.
      Section 51, act Oct. 28, 1919, ch. 85, title II, Sec. 34, 41
    Stat. 317, authorized inspection by duly authorized personnel of
    records and reports required to be kept or filed pursuant to this
    title, and introduction into evidence of duly certified copies of
    such records and reports.
      Section 52, act Oct. 28, 1919, ch. 85, title II, Sec. 35, 41
    Stat. 317, repealed all provisions of law inconsistent with these
    provisions, and provided that regulations promulgated pursuant to
    these provisions were to be construed as in addition to existing
    laws.
      Section 53, act Nov. 23, 1921, ch. 134, Sec. 5, 42 Stat. 223, set
    forth procedure for assessment and collection of all taxes and
    penalties provided for in section 52 of this title.
      Section 54, act Nov. 23, 1921, ch. 134, Sec. 5, 42 Stat. 223,
    exempted from taxation distilled spirits lost by theft, accidental
    fire, or other casualty, where such loss did not occur as a result
    of negligence or fraud on part of owner or custodian.
      Section 55, act Oct. 28, 1919, ch. 85, title II, Sec. 35, 41
    Stat. 317, authorized commissioner to compromise any civil cause
    arising under these provisions with approval of Secretary of the
    Treasury before bringing action in court, and with approval of
    Attorney General after action was commenced.
      Section 56, act Nov. 23, 1921, ch. 134, Sec. 2, 42 Stat. 22,
    limited quantity of spirituous and vinous liquor that could be
    imported into or manufactured in United States.
      Section 57, act Oct. 28, 1919, ch. 85, title II, Sec. 37, 41
    Stat. 318, exempted from these provisions storage in or
    transportation to bonded warehouses of liquor manufactured prior to
    the taking effect of these provisions.

-End-

-CITE-
    27 USC Secs. 58 to 60                                       01/03/2007

-EXPCITE-
    TITLE 27 - INTOXICATING LIQUORS
    CHAPTER 2 - PROHIBITION OF INTOXICATING BEVERAGES

-HEAD-
    Secs. 58 to 60. Repealed. Mar. 22, 1933, ch. 4, Sec. 2, 48 Stat. 17

-MISC1-
      Section 58, act Oct. 28, 1919, ch. 85, title II, Sec. 37, 41
    Stat. 318, related to development of liquids containing less than
    one-half of one per centum of alcohol.
      Section 59, act Oct. 28, 1919, ch. 85, title II, Sec. 37, 41
    Stat. 318, related to tax on fortified wines for nonbeverage
    alcohol.
      Section 60, act Oct. 28, 1919, ch. 85, title II, Sec. 37, 41
    Stat. 318, related to burden of proof with regard to alcoholic
    content.

-End-

-CITE-
    27 USC Secs. 61, 62                                         01/03/2007

-EXPCITE-
    TITLE 27 - INTOXICATING LIQUORS
    CHAPTER 2 - PROHIBITION OF INTOXICATING BEVERAGES

-HEAD-
    Secs. 61, 62. Repealed. Aug. 27, 1935, ch. 740, title I, Sec. 1, 49
      Stat. 872

-MISC1-
      Section 61, act Oct. 28, 1919, ch. 85, title II, Sec. 38, 41
    Stat. 319, authorized Commissioner of Internal Revenue and Attorney
    General of the United States to hire employees and purchase
    equipment and supplies necessary for enforcement to this title.
      Section 62, act Oct. 28, 1919, ch. 85, title II, Sec. 39, 41
    Stat. 319, authorized issuance of a summons to any person whose
    property rights were proceeded against or could be affected by a
    judgment rendered in a proceeding where such person was not the one
    who in person violated provisions of law.

-End-

-CITE-
    27 USC Sec. 63                                              01/03/2007

-EXPCITE-
    TITLE 27 - INTOXICATING LIQUORS
    CHAPTER 2 - PROHIBITION OF INTOXICATING BEVERAGES

-HEAD-
    Sec. 63. Repealed. June 19, 1934, ch. 657, Sec. 3, 48 Stat. 1116

-MISC1-
      Section, acts Oct. 28, 1919, ch. 85, title III, Sec. 20, 41 Stat.
    322; July 5, 1932, ch. 428, 47 Stat. 579, made it unlawful to
    introduce into Canal Zone, or to manufacture, sell, transport, or
    possess within Canal Zone, any intoxicating liquors, except for
    sacramental, scientific, or medicinal purposes.

-End-

-CITE-
    27 USC Secs. 63a to 63d                                     01/03/2007

-EXPCITE-
    TITLE 27 - INTOXICATING LIQUORS
    CHAPTER 2 - PROHIBITION OF INTOXICATING BEVERAGES

-HEAD-
    Secs. 63a to 63d. Transferred

-COD-
                               CODIFICATION                           
      Sections 63a to 63d, act June 19, 1934, ch. 657, Secs. 1-4, 48
    Stat. 1116, which were transferred to sections 1314b to 1314e,
    respectively, of Title 48, Territories and Insular Possessions,
    were subsequently repealed by act Aug. 10, 1949, ch. 415, Sec.
    9(d), 63 Stat. 597.
      Section 63a, act June 19, 1934, ch. 657, Sec. 1, 48 Stat. 1116,
    which authorized President to make rules and regulations with
    respect to alcoholic beverages in Canal Zone, was transferred to
    section 1314b of Title 48.
      Section 63b, act June 19, 1934, ch. 657, Sec. 2, 48 Stat. 1116,
    which related to punishment for violation of any rules and
    regulations, was transferred to section 1314c of Title 48.
      Section 63c, act June 19, 1934, ch. 657, Sec. 3, 48 Stat. 1116,
    which related to repeal of prior laws, was transferred to section
    1314d of Title 48.
      Section 63d, act June 19, 1934, ch. 657, Sec. 4, 48 Stat. 1116,
    which related to effective date of sections 63a to 63d of this
    title, was transferred to section 1314e of Title 48.

-End-

-CITE-
    27 USC Sec. 64                                              01/03/2007

-EXPCITE-
    TITLE 27 - INTOXICATING LIQUORS
    CHAPTER 2 - PROHIBITION OF INTOXICATING BEVERAGES

-HEAD-
    Sec. 64. Repealed. Aug. 27, 1935, ch. 740, title I, Sec. 1, 49
      Stat. 872

-MISC1-
      Section, act Oct. 28, 1919, ch. 85, title II, Sec. 36, 41 Stat.
    318, provided that invalidity of any provision of this title would
    not be construed to render invalid other provisions of this title.

-End-

-CITE-
    27 USC CHAPTER 2A - BEER, ALE, PORTER, AND SIMILAR
           FERMENTED LIQUOR                                01/03/2007

-EXPCITE-
    TITLE 27 - INTOXICATING LIQUORS
    CHAPTER 2A - BEER, ALE, PORTER, AND SIMILAR FERMENTED LIQUOR

-HEAD-
       CHAPTER 2A - BEER, ALE, PORTER, AND SIMILAR FERMENTED LIQUOR   

-End-

-CITE-
    27 USC Secs. 64a to 64o                                     01/03/2007

-EXPCITE-
    TITLE 27 - INTOXICATING LIQUORS
    CHAPTER 2A - BEER, ALE, PORTER, AND SIMILAR FERMENTED LIQUOR

-HEAD-
    Secs. 64a to 64o. Repealed. Aug. 27, 1935, ch. 740, title II, Sec.
      202(a), 49 Stat. 877

-MISC1-
      Section 64a, act Mar. 22, 1933, ch. 4, Sec. 3, 48 Stat. 17,
    related to manufacture, sale, and transfer of beer, ale, porter,
    etc., of not more than 3.2 per centum of alcohol.
      Section 64b, act Mar. 22, 1933, ch. 4, Sec. 3(c), 48 Stat. 17,
    related to use of mails for advertisements of beer, ale, porter,
    etc., of not more than 3.2 per centum of alcohol.
      Section 64c, act Mar. 22, 1933, ch. 4, Sec. 4, 48 Stat. 17,
    related to permits to manufacture for sale beer, ale, porter, etc.,
    of not more than 3.2 per centum of alcohol.
      Section 64d, act Mar. 22, 1933, ch. 4, Sec. 4(b), 48 Stat. 18,
    related to development of beer, ale, porter, etc., of an alcoholic
    content in excess of that specified in permit with a proviso that
    such content will subsequently be reduced to prescribed limit.
      Section 64e, act Mar. 22, 1933, ch. 4, Sec. 4(b)(2), 48 Stat. 18,
    related to exemption from taxation of fortified wines when used for
    production of nonbeverage alcohol.
      Section 64f, act Mar. 22, 1933, ch. 4, Sec. 4(b)(4), 48 Stat. 18,
    related to burden of proof as to alcoholic content of beer, ale,
    porter, etc.
      Section 64g, act Mar. 22, 1933, ch. 4, Sec. 4(c), 48 Stat. 18,
    related to penalties for unlawful manufacture or sale of beer, ale,
    porter, etc., under this chapter.
      Section 64h, act Mar. 22, 1933, ch. 4, Sec. 4(d), 48 Stat. 19,
    related to geographical applications of sections 64c to 64g of this
    title.
      Section 64i, act Mar. 22, 1933, ch. 4, Sec. 5, 48 Stat. 19,
    related to requirement that at time of sale any beer, ale, porter,
    etc., manufactured under this chapter must contain no more than 3.2
    per centum of alcohol.
      Section 64j, act Mar. 22, 1933, ch. 4, Sec. 6, 48 Stat. 19,
    related to prohibition of shipment of beer, ale, porter, etc., of
    an alcoholic content of 3.2 per centum into dry States.
      Section 64k, act Mar. 22, 1933, ch. 4, Sec. 7, 48 Stat. 19,
    related to penalties for violation of prohibition of shipment of
    beer, ale, porter, etc., into dry States.
      Section 64l, act Mar. 22, 1933, ch. 4, Sec. 8, 48 Stat. 19,
    related to penalties and forfeitures incurred prior to effective
    date of chapter.
      Section 64m, act Mar. 22, 1933, ch. 4, Sec. 1(c), 48 Stat. 16,
    related to effect of chapter on existing legislation with respect
    to internal revenue laws.
      Section 64n, act Mar. 22, 1933, ch. 4, Sec. 9, 48 Stat. 19,
    related to effective date of chapter.
      Section 64o, act Mar. 22, 1933, ch. 4, Sec. 10, 48 Stat. 20,
    provided for a savings clause for provisions of chapter.

-End-

-CITE-
    27 USC Sec. 64p                                             01/03/2007

-EXPCITE-
    TITLE 27 - INTOXICATING LIQUORS
    CHAPTER 2A - BEER, ALE, PORTER, AND SIMILAR FERMENTED LIQUOR

-HEAD-
    Sec. 64p. Omitted

-COD-
                               CODIFICATION                           
      Section, act June 16, 1933, ch. 105, 48 Stat. 311, authorized
    legalization of manufacture and sale of 3.2 beer in State of
    Oklahoma.

-End-

-CITE-
    27 USC CHAPTER 3 - INDUSTRIAL ALCOHOL                       01/03/2007

-EXPCITE-
    TITLE 27 - INTOXICATING LIQUORS
    CHAPTER 3 - INDUSTRIAL ALCOHOL

-HEAD-
                      CHAPTER 3 - INDUSTRIAL ALCOHOL                  

-End-

-CITE-
    27 USC Secs. 71 to 90a                                      01/03/2007

-EXPCITE-
    TITLE 27 - INTOXICATING LIQUORS
    CHAPTER 3 - INDUSTRIAL ALCOHOL

-HEAD-
    Secs. 71 to 90a. Omitted

-COD-
                               CODIFICATION                           
      Sections 71 to 75, 78 to 81, 83 to 88, and 90, contained
    provisions which were incorporated in various sections of the
    Internal Revenue Code of 1939. For distribution of the Internal
    Revenue Code of 1939 to the Internal Revenue Code of 1986, see
    Table I preceding section 1 of Title 26, Internal Revenue Code.
      Section 71, act Oct. 28, 1919, ch. 85, title III, Sec. 1, 41
    Stat. 319, which defined "alcohol" and "container", was
    incorporated in section 3124(a)(1), (2) of Internal Revenue Code of
    1939.
      Section 72, act Oct. 28, 1919, ch. 85, title III, Sec. 2, 41
    Stat. 319, provided that a person establishing a plant for
    production of industrial alcohol shall, before operation, make
    application to commissioner for registration of his plant, was
    incorporated in section 3100(a) of Internal Revenue Code of 1939.
      Section 73, acts Oct. 28, 1919, ch. 85, title III, Sec. 3, 41
    Stat. 319; Aug. 27, 1935, ch. 740, Sec. 17, 49 Stat. 876; June 26,
    1936, ch. 830, title III, Sec. 329(a), 49 Stat. 1957, provided that
    warehouses for storage and distribution of alcohol to be used for
    other than beverage purposes may be established upon filing of
    application and bond and issuance of permit at such places, was
    incorporated in section 3101(a) of Internal Revenue Code of 1939.
      Section 74, act Oct. 28, 1919, ch. 85, title III, Sec. 4, 41
    Stat. 320, related to transfer of registered industrial alcohol to
    other registered industrial alcohol plants or bonded warehouses,
    was incorporated in section 3107 of Internal Revenue Code of 1939.
      Section 74a, acts Feb. 24, 1919, ch. 18, Sec. 609, 40 Stat. 1109;
    June 26, 1936, ch. 830, title III, Sec. 320, 49 Stat. 1953, related
    to removal of taxable fermented liquors from brewery premises where
    produced to a contiguous industrial alcohol plant without payment
    of tax, was incorporated in section 3104 of Internal Revenue Code
    of 1939.
      Section 74b, acts Feb. 24, 1919, ch. 18, Sec. 602, 40 Stat. 1106;
    June 26, 1936, ch. 830, title III, Sec. 308, 49 Stat. 1946, related
    to transfer of spirits produced at registered distilleries and in
    receiving cisterns in such distilleries to Internal Revenue Bonded
    Warehouses for storage until tax payment is made or where tax
    payment was made, retention of spirits in receiving cisterns, was
    incorporated in section 2883 of Internal Revenue Code of 1939.
      Section 75, act Oct. 28, 1919, ch. 85, title III, Sec. 5, 41
    Stat. 320, related to time of attachment of any tax imposed by law
    on alcohol and liability of proprietors of industrial alcohol
    plants for such taxes, was incorporated in section 3112(a) of
    Internal Revenue Code of 1939.
      Section 76, act Oct. 28, 1919, ch. 85, title III, Sec. 6, 41
    Stat. 320, related to withdrawal, on or before effective date of
    18th Amendment, of distilled spirits remaining in bonded warehouses
    for denaturing or deposit in warehouses established under chapter.
      Section 77, act Oct. 28, 1919, ch. 85, title III, Sec. 7, 41
    Stat. 320, related to operation of any distillery or bonded
    warehouse as an industrial alcohol plant or bonded warehouse under
    chapter.
      Section 78, act Oct. 28, 1919, ch. 85, title III, Sec. 8, 41
    Stat. 320, related to restrictions concerning production, use, or
    sale of alcohol, was incorporated in section 3106(a) of Internal
    Revenue Code of 1939.
      Section 79, act Oct. 28, 1919, ch. 85, title III, Sec. 9, 41
    Stat. 320, related to exemption of industrial alcohol plants and
    bonded warehouses under this chapter from certain laws, was
    incorporated in section 3103 of Internal Revenue Code of 1939.
      Section 80, act Oct. 28, 1919, ch. 85, title III, Sec. 10, 41
    Stat. 320, related to establishment of denaturing plants and tax-
    free sale of denatured alcohol, was incorporated in sections 3102,
    3109, and 3110 of Internal Revenue Code of 1939.
      Section 81, acts Oct. 28, 1919, ch. 85, title III, Sec. 11, 41
    Stat. 321; Aug. 27, 1935, ch. 740, Sec. 18, 49 Stat. 876; June 26,
    1936, ch. 830, title III, Sec. 329(b), 49 Stat. 1957, related to
    withdrawal of alcohol produced at any industrial alcohol plant tax-
    free for denaturing, for use by any scientific university, for
    scientific research by any laboratory, or for use in any hospital
    or sanitarium, was incorporated in sections 3108(a) and 3124(a) of
    Internal Revenue Code of 1939.
      Section 82, act Oct. 28, 1919, ch. 85, title III, Sec. 12, 41
    Stat. 321, provided that penalties in chapter shall be in addition
    to those penalties in chapter 2 of this title unless expressly
    stated otherwise.
      Section 83, act Oct. 28, 1919, ch. 85, title III, Sec. 13, 41
    Stat. 321, authorized commissioner to issue regulations respecting
    the establishment, bonding, and operation of industrial alcohol
    plants, denaturing plants, and bonded warehouses under this
    chapter, was incorporated in section 3105 of Internal Revenue Code
    of 1939.
      Section 84, act Oct. 28, 1919, ch. 85, title III, Sec. 14, 41
    Stat. 321, related to a refund of tax on alcohol for loss,
    evaporation, shrinkage, or leakage, was incorporated in section
    3113 of Internal Revenue Code of 1939.
      Section 85, act Oct. 28, 1919, ch. 85, title III, Sec. 15, 41
    Stat. 321, provided for punishment for unlawful operation 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, Sec. 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, Sec. 17, 41
    Stat. 322, related to release of seized property to claimant or any
    intervening party at discretion of commissioner, was incorporated
    in section 3118 of Internal Revenue Code of 1939.
      Section 88, act Oct. 28, 1919, ch. 85, title III, Sec. 18, 41
    Stat. 322, related to applicability of administrative provisions 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, Sec. 19, 41
    Stat. 322, provided for repeal of prior laws relating to alcohol.
      Section 90, act June 26, 1936, ch. 830, title III, Sec. 329(c),
    49 Stat. 1957, related to extension of industrial alcohol laws to
    Puerto Rico and Virgin Islands, was incorporated in section 3123 of
    Internal Revenue Code of 1939.
      Section 90a, act June 26, 1936, ch. 830, title IV, Sec. 414, 49
    Stat. 1964, related to effect of act June 26, 1936, upon chapter.

-End-

-CITE-
    27 USC CHAPTER 4 - PENALTIES                                01/03/2007

-EXPCITE-
    TITLE 27 - INTOXICATING LIQUORS
    CHAPTER 4 - PENALTIES

-HEAD-
                           CHAPTER 4 - PENALTIES                       

-End-

-CITE-
    27 USC Secs. 91, 92                                         01/03/2007

-EXPCITE-
    TITLE 27 - INTOXICATING LIQUORS
    CHAPTER 4 - PENALTIES

-HEAD-
    Secs. 91, 92. Repealed. Aug. 27, 1935, ch. 740, title I, Sec. 1, 49
      Stat. 872

-MISC1-
      Section 91, acts Mar. 2, 1929, ch. 473, Sec. 1, 45 Stat. 1446;
    Jan. 15, 1931, ch. 29, 46 Stat. 1036, set forth maximum penalties
    that could be imposed in a criminal prosecution for illegal
    manufacture, sale, transportation, importation, or exportation of
    intoxicating liquor, as defined in section 4 of this title.
      Section 92, act Mar. 2, 1929, ch. 473, Sec. 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.

-End-

-CITE-
    27 USC CHAPTER 5 - PROHIBITION REORGANIZATION ACT OF 1930   01/03/2007

-EXPCITE-
    TITLE 27 - INTOXICATING LIQUORS
    CHAPTER 5 - PROHIBITION REORGANIZATION ACT OF 1930

-HEAD-
            CHAPTER 5 - PROHIBITION REORGANIZATION ACT OF 1930        

-End-

-CITE-
    27 USC Secs. 101 to 108                                     01/03/2007

-EXPCITE-
    TITLE 27 - INTOXICATING LIQUORS
    CHAPTER 5 - PROHIBITION REORGANIZATION ACT OF 1930

-HEAD-
    Secs. 101 to 108. Repealed. Aug. 27, 1935, ch. 740, title I, Sec.
      1, 49 Stat. 872

-MISC1-
      Section 101, act May 27, 1930, ch. 342, Sec. 1, 46 Stat. 427,
    provided that this chapter may be cited as the "Prohibition
    Reorganization Act of 1930".
      Section 102, act May 27, 1930, ch. 342, Sec. 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 officers and employees.
      Section 103, act May 27, 1930, ch. 342, Sec. 3, 46 Stat. 428,
    related to creation of an enforcement division in Bureau of
    Prohibition in Treasury Department.
      Section 104, act May 27, 1930, ch. 342, Sec. 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, Sec. 5, 46 Stat. 429;
    Mar. 31, 1933, ch. 18, Sec. 4, 48 Stat. 24, authorized Attorney
    General and Secretary of the Treasury to jointly prescribe
    regulations relating to permits and prescriptions for liquor for
    medicinal purposes.
      Section 106, act May 27, 1930, ch. 342, Sec. 6, 46 Stat. 429,
    related to filing of reports by Attorney General with Secretary of
    the Treasury with respect to civil liabilities 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, Sec. 7, 46 Stat. 429,
    related to grant, renewal, and amendment of permits.
      Section 108, act May 27, 1930, ch. 342, Sec. 8, 46 Stat. 430,
    provided that Bureau of Prohibition shall hereafter be known as
    Bureau of Industrial Alcohol, and Commissioner of Prohibition shall
    hereafter have title of Commissioner of Industrial Alcohol.

-End-

-CITE-
    27 USC CHAPTER 6 - TRANSPORTATION IN INTERSTATE COMMERCE    01/03/2007

-EXPCITE-
    TITLE 27 - INTOXICATING LIQUORS
    CHAPTER 6 - TRANSPORTATION IN INTERSTATE COMMERCE

-HEAD-
             CHAPTER 6 - TRANSPORTATION IN INTERSTATE COMMERCE         

-MISC1-
    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.                              

-End-

-CITE-
    27 USC Sec. 121                                             01/03/2007

-EXPCITE-
    TITLE 27 - INTOXICATING LIQUORS
    CHAPTER 6 - TRANSPORTATION IN INTERSTATE COMMERCE

-HEAD-
    Sec. 121. State statutes as operative on termination of
      transportation; original packages

-STATUTE-
      All fermented, distilled, or other intoxicating liquors or
    liquids transported into any State or Territory or remaining
    therein for use, consumption, sale, or storage therein, shall upon
    arrival 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.

-SOURCE-
    (Aug. 8, 1890, ch. 728, 26 Stat. 313.)

-MISC1-
                                SHORT TITLE                            
      Act Aug. 8, 1890, is popularly known as the "Wilson Act" or the
    "Original Packages Act".

-End-

-CITE-
    27 USC Sec. 122                                             01/03/2007

-EXPCITE-
    TITLE 27 - INTOXICATING LIQUORS
    CHAPTER 6 - TRANSPORTATION IN INTERSTATE COMMERCE

-HEAD-
    Sec. 122. Shipments into States for possession or sale in violation
      of State law

-STATUTE-
      The shipment or transportation, in any manner or by any means
    whatsoever, of any spirituous, vinous, malted, fermented, or other
    intoxicating liquor of any kind, from one State, Territory, or
    District of the United States, or place noncontiguous to but
    subject to the jurisdiction thereof, into any other State,
    Territory, or District of the United States, or place noncontiguous
    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 jurisdiction thereof, is
    prohibited.

-SOURCE-
    (Aug. 27, 1935, ch. 740, Sec. 202(b), 49 Stat. 877.)

-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to those in this section were contained in the
    act of Mar. 1, 1913, ch. 90, Sec. 1, 37 Stat. 699.

                                SHORT TITLE                            
      Act Mar. 1, 1913, is popularly known as the "Webb-Kenyon Act".

-End-

-CITE-
    27 USC Sec. 122a                                            01/03/2007

-EXPCITE-
    TITLE 27 - INTOXICATING LIQUORS
    CHAPTER 6 - TRANSPORTATION IN INTERSTATE COMMERCE

-HEAD-
    Sec. 122a. Injunctive relief in Federal district court

-STATUTE-
    (a) Definitions
      In this section - 
        (1) the term "attorney general" means the attorney general or
      other chief law enforcement officer of a State or the designee
      thereof;
        (2) the term "intoxicating liquor" means any spirituous,
      vinous, malted, fermented, or other intoxicating liquor of any
      kind;
        (3) the term "person" means any individual and any partnership,
      corporation, company, firm, society, association, joint stock
      company, trust, or other entity capable of holding a legal or
      beneficial interest in property, but does not include a State or
      agency thereof; and
        (4) the term "State" means any State of the United States, the
      District of Columbia, the Commonwealth of Puerto Rico, or any
      territory or possession of the United States.
    (b) Action by State attorney general
      If the attorney general has reasonable cause to believe that a
    person is engaged in, or has engaged in, any act that would
    constitute a violation of a State law regulating the importation or
    transportation of any intoxicating liquor, the attorney general may
    bring a civil action in accordance with this section for injunctive
    relief (including a preliminary or permanent injunction) against
    the person, as the attorney general determines to be necessary to -
    
        (1) restrain the person from engaging, or continuing to engage,
      in the violation; and
        (2) enforce compliance with the State law.
    (c) Federal jurisdiction
      (1) In general
        The district courts of the United States shall have
      jurisdiction over any action brought under this section by an
      attorney general against any person, except one licensed or
      otherwise authorized to produce, sell, or store intoxicating
      liquor in such State.
      (2) Venue
        An action under this section may be brought only in accordance
      with section 1391 of title 28 or in the district in which the
      recipient of the intoxicating liquor resides or is found.
      (3) Form of relief
        An action under this section is limited to actions seeking
      injunctive relief (a preliminary and/or permanent injunction).
      (4) No right to jury trial
        An action under this section shall be tried before the court.
    (d) Requirements for injunctions and orders
      (1) In general
        In any action brought under this section, upon a proper showing
      by the attorney general of the State, the court may issue a
      preliminary or permanent injunction to restrain a violation of
      this section. A proper showing under this paragraph shall require
      that a State prove by a preponderance of the evidence that a
      violation of State law as described in subsection (b) of this
      section has taken place or is taking place.
      (2) Additional showing for preliminary injunction
        No preliminary injunction may be granted except upon - 
          (A) evidence demonstrating the probability of irreparable
        injury if injunctive relief is not granted; and
          (B) evidence supporting the probability of success on the
        merits.
      (3) Notice
        No preliminary or permanent injunction may be issued under
      paragraph (1) without notice to the adverse party and an
      opportunity for a hearing.
      (4) Form and scope of order
        Any preliminary or permanent injunction entered in an action
      brought under this section shall - 
          (A) set forth the reasons for the issuance of the order;
          (B) be specific in terms;
          (C) describe in reasonable detail, and not by reference to
        the complaint or other document, the act or acts sought to be
        restrained; and
          (D) be binding upon - 
            (i) the parties to the action and the officers, agents,
          employees, and attorneys of those parties; and
            (ii) persons in active concert or participation with the
          parties to the action who receive actual notice of the order
          by personal service or otherwise.
      (5) Admissibility of evidence
        In a hearing on an application for a permanent injunction, any
      evidence previously received on an application for a preliminary
      injunction in connection with the same civil action and that
      would otherwise be admissible, may be made a part of the record
      of the hearing on the permanent injunction.
    (e) Rules of construction
      This section shall be construed only to extend the jurisdiction
    of Federal courts in connection with State law that is a valid
    exercise of power vested in the States - 
        (1) under the twenty-first article of amendment to the
      Constitution of the United States as such article of amendment is
      interpreted by the Supreme Court of the United States including
      interpretations in conjunction with other provisions of the
      Constitution of the United States; and
        (2) under section 122 of this title as such section is
      interpreted by the Supreme Court of the United States; but shall
      not be construed to grant to States any additional power.
    (f) Additional remedies
      (1) In general
        A remedy under this section is in addition to any other
      remedies provided by law.
      (2) State court proceedings
        Nothing in this section may be construed to prohibit an
      authorized State official from proceeding in State court on the
      basis of an alleged violation of any State law.

-SOURCE-
    (Mar. 1, 1913, ch. 90, Sec. 2, as added Pub. L. 106-386, div. C,
    Sec. 2004(a), Oct. 28, 2000, 114 Stat. 1546.)

-MISC1-
                              EFFECTIVE DATE                          
      Pub. L. 106-386, div. C, Sec. 2004(b), Oct. 28, 2000, 114 Stat.
    1548, provided that: "This section [enacting this section and
    section 122b of this title and provisions set out as a note under
    this section] and the amendments made by this section shall become
    effective 90 days after the date of the enactment of this Act [Oct.
    28, 2000]."

                               IMPACT STUDY                           
      Pub. L. 106-386, div. C, Sec. 2004(c), Oct. 28, 2000, 114 Stat.
    1548, provided that: "The Attorney General shall carry out the
    study to determine the impact of this section [enacting this
    section and section 122b of this title and provisions set out as a
    note under this section] and shall submit the results of such study
    not later than 180 days after the enactment of this Act [Oct. 28,
    2000]."

-End-

-CITE-
    27 USC Sec. 122b                                            01/03/2007

-EXPCITE-
    TITLE 27 - INTOXICATING LIQUORS
    CHAPTER 6 - TRANSPORTATION IN INTERSTATE COMMERCE

-HEAD-
    Sec. 122b. General provisions

-STATUTE-
    (a) Effect on Internet Tax Freedom Act
      Nothing in this section may be construed to modify or supersede
    the operation of the Internet Tax Freedom Act (47 U.S.C. 151 note).
    (b) Inapplicability to service providers
      Nothing in this section may be construed to - 
        (1) authorize any injunction against an interactive computer
      service (as defined in section 230(f) of title 47 (!1) used by
      another person to engage in any activity that is subject to this
      Act;

        (2) authorize any injunction against an electronic
      communication service (as defined in section 2510(15) of title
      18) used by another person to engage in any activity that is
      subject to this Act; or
        (3) authorize an injunction prohibiting the advertising or
      marketing of any intoxicating liquor by any person in any case in
      which such advertising or marketing is lawful in the jurisdiction
      from which the importation, transportation or other conduct to
      which this Act applies originates.

-SOURCE-
    (Mar. 1, 1913, ch. 90, Sec.  3, as added Pub. L. 106-386, div. C,
    Sec. 2004(a), Oct. 28, 2000, 114 Stat. 1548.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Internet Tax Freedom Act, referred to in subsec. (a), is
    title XI of Pub. L. 105-277, div. C, Oct. 21, 1998, 112 Stat. 2681-
    719, which is set out as a note under section 151 of Title 47,
    Telegraphs, Telephones, and Radiotelegraphs.
      This Act, referred to in subsec. (b), is act Mar. 1, 1913, ch.
    90, 37 Stat. 699, as amended, popularly known as the Webb-Kenyon
    Act, which is classified to this section and sections 122 and 122a
    of this title. For complete classification of this Act to the Code,
    see Tables.

-MISC1-
                              EFFECTIVE DATE                          
      Section effective 90 days after Oct. 28, 2000, see section
    2004(b) of Pub. L. 106-386, set out as a note under section 122a of
    this title.

-FOOTNOTE-
    (!1) So in original. Probably should be followed by a closing
         parenthesis.

-End-

-CITE-
    27 USC Sec. 123                                             01/03/2007

-EXPCITE-
    TITLE 27 - INTOXICATING LIQUORS
    CHAPTER 6 - TRANSPORTATION IN INTERSTATE COMMERCE

-HEAD-
    Sec. 123. Repealed. June 25, 1936, ch. 815, Sec. 9, 49 Stat. 1930

-MISC1-
      Section, acts Mar. 3, 1917, ch. 162, Sec. 5, 39 Stat. 1069; Mar.
    4, 1917, ch. 192, 39 Stat. 1202; Feb. 24, 1919, ch. 18, Sec. 1407,
    40 Stat. 1151; Jan. 11, 1934, ch. 1, title I, Sec. 12, 48 Stat.
    316, prescribed punishment for violation of section 122 of this
    title.

-End-

-CITE-
    27 USC Sec. 124                                             01/03/2007

-EXPCITE-
    TITLE 27 - INTOXICATING LIQUORS
    CHAPTER 6 - TRANSPORTATION IN INTERSTATE COMMERCE

-HEAD-
    Sec. 124. Direct shipment of wine

-STATUTE-
    (a) Conditions for transporting certain wine
      During any period in which the Federal Aviation Administration
    has in effect restrictions on airline passengers to ensure safety,
    the direct shipment of wine shall be permitted from States where
    wine is purchased from a winery, to another State or the District
    of Columbia, if - 
        (1) the wine was purchased while the purchaser was physically
      present at the winery;
        (2) the purchaser of the wine provided the winery verification
      of legal age to purchase alcohol;
        (3) the shipping container in which the wine is shipped is
      marked to require an adult's signature upon delivery;
        (4) the wine is for personal use only and not for resale; and
        (5) the purchaser could have carried the wine lawfully into the
      State or the District of Columbia to which the wine is shipped.
    (b) Violations
      If any person fails to meet any of the conditions under
    subsection (a) of this section, the attorney general of any State
    may bring a civil action under the same terms as those set out in
    section 122a of this title.
    (c) Report
      Not later than 2 years after November 2, 2002, and at 2-year
    intervals thereafter, the Attorney General of the United States, in
    consultation with the Administrator of the Federal Aviation
    Administration, shall prepare and submit to the Committee on the
    Judiciary of the Senate and to the Committee on the Judiciary of
    the House of Representatives a report on the implementation of this
    section.

-SOURCE-
    (Pub. L. 107-273, div. C, title I, Sec. 11022, Nov. 2, 2002, 116
    Stat. 1829.)

-End-

-CITE-
    27 USC CHAPTER 7 - LIQUOR LAW REPEAL AND ENFORCEMENT ACT    01/03/2007

-EXPCITE-
    TITLE 27 - INTOXICATING LIQUORS
    CHAPTER 7 - LIQUOR LAW REPEAL AND ENFORCEMENT ACT

-HEAD-
             CHAPTER 7 - LIQUOR LAW REPEAL AND ENFORCEMENT ACT         

-End-

-CITE-
    27 USC Secs. 151 to 167                                     01/03/2007

-EXPCITE-
    TITLE 27 - INTOXICATING LIQUORS
    CHAPTER 7 - LIQUOR LAW REPEAL AND ENFORCEMENT ACT

-HEAD-
    Secs. 151 to 167. Omitted

-COD-
                               CODIFICATION                           
      Sections contained provisions which were incorporated in various
    sections of the Internal Revenue Code of 1939. For distribution of
    the Internal Revenue Code of 1939 to the Internal Revenue Code of
    1986, see Table I preceding section 1 of Title 26, Internal Revenue
    Code.
      Section 151, act Aug. 27, 1935, ch. 740, Sec. 2, 49 Stat. 872,
    defined "person", "Commissioner", "application", "permit", "bond",
    "regulation", and "articles", was incorporated in section
    3124(a)(3)-(8) of the Internal Revenue Code of 1939.
      Section 152, act Aug. 27, 1935, ch. 740, Sec. 3, 49 Stat. 872,
    authorized Commissioner, his assistants, agents, and inspectors to
    investigate and report to United States attorney violations of this
    chapter and chapter 3 of this title, was incorporated in section
    3117(a) of the Internal Revenue Code of 1939.
      Section 153, act Aug. 27, 1935, ch. 740, Sec. 4, 49 Stat. 872,
    subjected violators of laws relating to denatured alcohol to laws
    relating to nondenatured alcohol, was incorporated in section 3111
    of Internal Revenue Code of 1939.
      Section 154, act Aug. 27, 1935, ch. 740, Sec. 5, 49 Stat. 873,
    related to revocation of manufacturer's permits for false
    descriptions of denatured alcohol, was incorporated in section
    3114(c) of Internal Revenue Code of 1939.
      Section 155, act Aug. 27, 1935, ch. 740, Sec. 6, 49 Stat. 873,
    required persons manufacturing or dealing in denatured alcohol to
    obtain a permit from Commissioner, was incorporated in section
    3114(a) of Internal Revenue Code of 1939.
      Section 156, act Aug. 27, 1935, ch. 740, Sec. 7, 49 Stat. 874,
    provided for revocation of permits by Commissioner where terms of
    permit have been violated or provisions of this chapter and chapter
    3 of this title have not been conformed to or other laws and
    regulations relating to intoxicating liquor have been violated, was
    incorporated in section 3114(b) of Internal Revenue Code of 1939.
      Section 157, act Aug. 27, 1935, ch. 740, Sec. 8, 49 Stat. 874,
    related to search, seizure, and forfeiture of liquor or property to
    be used in violation of this chapter or chapter 3 of this title or
    laws or regulations with respect to intoxicating liquor, was
    incorporated in section 3116 of Internal Revenue Code of 1939.
      Section 158, act Aug. 27, 1935, ch. 740, Sec. 9, 49 Stat. 875,
    related to rights, privileges, powers, and protection of
    Commissioner and his assistants and employees, was incorporated in
    section 3121(a) of Internal Revenue Code of 1939.
      Section 159, act Aug. 27, 1935, ch. 740, Sec. 10, 49 Stat. 875,
    related to penalties prescribed for violation of provisions of this
    chapter, was incorporated in section 3115(b) of Internal Revenue
    Code of 1939.
      Section 160, act Aug. 27, 1935, ch. 740, Sec. 11, 49 Stat. 875,
    related to privileges and immunities of witnesses, was incorporated
    in section 3119 of Internal Revenue Code of 1939.
      Section 161, act Aug. 27, 1935, ch. 740, Sec. 12, 49 Stat. 875,
    related to place of sale when delivery is made by a carrier for
    purposes of prosecution or revocation of any permit, was
    incorporated in section 3114(d) of Internal Revenue Code of 1939.
      Section 162, act Aug. 27, 1935, ch. 740, Sec. 13, 49 Stat. 875,
    related to affidavits, information, and indictments for violation
    of this chapter, was incorporated in section 3120 of Internal
    Revenue Code of 1939.
      Section 163, act Aug. 27, 1935, ch. 740, Sec. 14, 49 Stat. 876,
    related to inspection of records, liquor, and property with respect
    to this chapter by Commissioner, was incorporated in section
    3121(c) of Internal Revenue Code of 1939.
      Section 164, act Aug. 27, 1935, ch. 740, Sec. 2, 49 Stat. 872,
    authorized Commissioner to designate assistants or agents to
    perform certain duties, was incorporated in section 3121(d) of
    Internal Revenue Code of 1939.
      Section 165, act Aug. 27, 1935, ch. 740, Sec. 15, 49 Stat. 876,
    provided that a conviction under this chapter or chapter 3 of this
    title will bar a subsequent prosecution under another law relating
    to intoxicating liquors, was incorporated in section 3115(c) of
    Internal Revenue Code of 1939.
      Section 166, act Aug. 27, 1935, ch. 740, Sec. 16, 49 Stat. 876,
    provided that no tax will be assessed or collected where distilled
    spirits are lost, stolen, or destroyed by fire or other casualty,
    was incorporated in section 3113(a) of Internal Revenue Code of
    1939.
      Section 167, act Aug. 27, 1935, ch. 740, Sec. 1, 49 Stat. 872,
    provided that this chapter may be cited as "Liquor Law Repeal and
    Enforcement Act".

-End-

-CITE-
    27 USC CHAPTER 8 - FEDERAL ALCOHOL ADMINISTRATION ACT       01/03/2007

-EXPCITE-
    TITLE 27 - INTOXICATING LIQUORS
    CHAPTER 8 - FEDERAL ALCOHOL ADMINISTRATION ACT

-HEAD-
              CHAPTER 8 - FEDERAL ALCOHOL ADMINISTRATION ACT          

-MISC1-
               SUBCHAPTER I - FEDERAL ALCOHOL ADMINISTRATION           
    Sec.                                                     
    201.        Short title.                                          
    202.        General provisions.                                   
    202a to 202c. Repealed or Omitted.                                
    203.        Unlawful businesses without permit; application to
                 State agency.                                        
    204.        Permits.                                              
    205.        Unfair competition and unlawful practices.            
    206.        Bulk sales and bottling.                              
    207.        Penalties; jurisdiction; compromise of liability.     
    208.        Interlocking directorates.                            
    209, 210.   Omitted.                                              
    211.        Miscellaneous provisions.                             
    212.        Omitted.                                              

                SUBCHAPTER II - ALCOHOLIC BEVERAGE LABELING            
    213.        Declaration of policy and purpose.                    
    214.        Definitions.                                          
    215.        Labeling requirement.                                 
    216.        Preemption.                                           
    217.        Report to Congress.                                   
    218.        Civil penalties.                                      
    219.        Injunction proceedings; compromise of liability.      
    219a.       Severability.                                         

-End-

-CITE-
    27 USC SUBCHAPTER I - FEDERAL ALCOHOL ADMINISTRATION        01/03/2007

-EXPCITE-
    TITLE 27 - INTOXICATING LIQUORS
    CHAPTER 8 - FEDERAL ALCOHOL ADMINISTRATION ACT
    SUBCHAPTER I - FEDERAL ALCOHOL ADMINISTRATION

-HEAD-
               SUBCHAPTER I - FEDERAL ALCOHOL ADMINISTRATION           

-End-

-CITE-
    27 USC Sec. 201                                             01/03/2007

-EXPCITE-
    TITLE 27 - INTOXICATING LIQUORS
    CHAPTER 8 - FEDERAL ALCOHOL ADMINISTRATION ACT
    SUBCHAPTER I - FEDERAL ALCOHOL ADMINISTRATION

-HEAD-
    Sec. 201. Short title

-STATUTE-
      This subchapter may be cited as the "Federal Alcohol
    Administration Act".

-SOURCE-
    (Aug. 29, 1935, ch. 814, title I, Sec. 101, formerly Sec. 1, 49
    Stat. 977; renumbered title I, Sec. 101, and amended Pub. L. 100-
    690, title VIII, Sec. 8001(a)(1), (2), (b)(1), Nov. 18, 1988, 102
    Stat. 4517, 4521.)

-MISC1-
                                AMENDMENTS                            
      1988 - Pub. L. 100-690, Sec. 8001(b)(1), amended section
    generally, substituting "subchapter" for "chapter".

                                SHORT TITLE                            
      Section 201 of title II of act Aug. 29, 1935, as added Nov. 18,
    1988, Pub. L. 100-690, title VIII, Sec. 8001(a)(3), 102 Stat. 4518,
    provided that: "This title [enacting subchapter II of this chapter]
    may be cited as the 'Alcoholic Beverage Labeling Act of 1988'."

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of authorities, functions, personnel, and assets of
    the Bureau of Alcohol, Tobacco and Firearms, including the related
    functions of the Secretary of the Treasury, to the Department of
    Justice, see section 531(c) of Title 6, Domestic Security, and
    section 599A(c)(1) of Title 28, Judiciary and Judicial Procedure.
      Federal Alcohol Administration and offices of members and
    Administrator thereof were abolished and their functions directed
    to be administered under direction and supervision of Secretary of
    Treasury through Bureau of Internal Revenue [now Internal Revenue
    Service] in Department of Treasury, by Reorg. Plan No. III of 1940,
    Sec. 2, eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1232, set out in
    the Appendix to Title 5, Government Organization and Employees. See
    also, sections 8 and 9 of said plan for provisions relating to
    transfer of records, property, personnel, and funds. Section 2 of
    Reorg. Plan No. III of 1940 was repealed as executed by Pub. L. 97-
    258, Sec. 5(b), Sept. 13, 1982, 96 Stat. 1068, 1085, the first
    section of which enacted Title 31, Money and Finance. Department of
    the Treasury Order 221 of July 1, 1972, established the Bureau of
    Alcohol, Tobacco and Firearms and transferred to it functions of
    the Internal Revenue Service arising under certain laws relating to
    alcohol, tobacco, firearms, and explosives.

-End-

-CITE-
    27 USC Sec. 202                                             01/03/2007

-EXPCITE-
    TITLE 27 - INTOXICATING LIQUORS
    CHAPTER 8 - FEDERAL ALCOHOL ADMINISTRATION ACT
    SUBCHAPTER I - FEDERAL ALCOHOL ADMINISTRATION

-HEAD-
    Sec. 202. General provisions

-STATUTE-
    (a) to (d) Omitted
    (e) Expenditures
      Appropriations to carry out powers and duties of the Secretary of
    the Treasury under this chapter shall be available for expenditure,
    among other purposes, for personal services and rent in the
    District of Columbia and elsewhere, expenses for travel and
    subsistence, for law books, books of reference, magazines,
    periodicals, and newspapers, for contract stenographic reporting
    services, for subscriptions for library services, for purchase of
    samples for analysis or use as evidence, and for holding
    conferences of State and Federal liquor control officials.
    (f) Utilization of other governmental agencies
      The Secretary of the Treasury may, with the consent of the
    department or agency affected, utilize the services of any
    department or other agency of the Government to the extent
    necessary to carry out his powers and duties under this chapter and
    authorize officers and employees thereof to act as his agents.
    (g) Applicability of other laws
      The provisions including penalties, of sections 49 and 50 of
    title 15, shall be applicable to the jurisdiction, powers, and
    duties of the Secretary of the Treasury under this chapter, and to
    any person (whether or not a corporation) subject to the provisions
    of laws administered by the Secretary of the Treasury under this
    chapter.
    (h) Reports to Secretary
      The Secretary of the Treasury is authorized to require, in such
    manner and form as he shall prescribe, such reports as are
    necessary to carry out his powers and duties under this chapter.

-SOURCE-
    (Aug. 29, 1935, ch. 814, title I, Sec. 102, formerly Sec. 2, 49
    Stat. 977; 1940 Reorg. Plan No. III, Sec. 2, eff. June 30, 1940, 5
    F.R. 2108, 54 Stat. 1232; Aug. 7, 1946, ch. 770, Sec. 1(46), 60
    Stat. 870; renumbered title I, Sec. 102, Pub. L. 100-690, title
    VIII, Sec. 8001(a)(1), (2), Nov. 18, 1988, 102 Stat. 4517.)

-COD-
                               CODIFICATION                           
      Subsections (a) to (d) provided for the creation of a Federal
    Alcohol Administration as a division of the Treasury Department. By
    act June 26, 1936, ch. 830, title V, 49 Stat. 1964, however, those
    subsections were repealed and a new Administration created as an
    independent agency. The repealing act was to be effective when the
    new administrators authorized thereby were appointed. While the
    officers so authorized were never appointed and the repeal
    therefore never became effective, subsections (a) to (d) have been
    omitted in view of Reorg. Plan No. III of 1940, set out in the
    Appendix to Title 5, Government Organization and Employees, which
    abolished the Administration and transferred its functions 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.

-MISC1-
                                AMENDMENTS                            
      1946 - Subsec. (i). Act Aug. 7, 1946, struck out subsec. (i)
    which related to reports to Congress by the Secretary of the
    Treasury with respect to the administration of the functions
    charged to the Secretary under this chapter.

-End-

-CITE-
    27 USC Secs. 202a, 202b                                     01/03/2007

-EXPCITE-
    TITLE 27 - INTOXICATING LIQUORS
    CHAPTER 8 - FEDERAL ALCOHOL ADMINISTRATION ACT
    SUBCHAPTER I - FEDERAL ALCOHOL ADMINISTRATION

-HEAD-
    Secs. 202a, 202b. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6,
      1966, 80 Stat. 649

-MISC1-
      Section 202a, act June 26, 1936, ch. 830, title V, Sec. 501, 49
    Stat. 1964, established the Federal Alcohol Administration, and
    provided for appointment, duties, and pay of its employees.
      Section 202b, act June 26, 1936, ch. 830, title V, Sec. 502, 49
    Stat. 1964, provided for appointment, pay, tenure, and powers of
    members of the Federal Alcohol Administration.

-End-

-CITE-
    27 USC Sec. 202c                                            01/03/2007

-EXPCITE-
    TITLE 27 - INTOXICATING LIQUORS
    CHAPTER 8 - FEDERAL ALCOHOL ADMINISTRATION ACT
    SUBCHAPTER I - FEDERAL ALCOHOL ADMINISTRATION

-HEAD-
    Sec. 202c. Omitted

-COD-
                               CODIFICATION                           
      Section, act June 26, 1936, ch. 830, title V, Sec. 503, 49 Stat.
    1965, which provided for repeal of former laws, was to have taken
    effect when a majority of the members authorized to be appointed
    took office under section 202b of this title. The members, however,
    were never appointed.

-End-

-CITE-
    27 USC Sec. 203                                             01/03/2007

-EXPCITE-
    TITLE 27 - INTOXICATING LIQUORS
    CHAPTER 8 - FEDERAL ALCOHOL ADMINISTRATION ACT
    SUBCHAPTER I - FEDERAL ALCOHOL ADMINISTRATION

-HEAD-
    Sec. 203. Unlawful businesses without permit; application to State
      agency

-STATUTE-
      In order effectively to regulate interstate and foreign commerce
    in distilled spirits, wine, and malt beverages, to enforce the
    twenty-first amendment, and to protect the revenue and enforce the
    postal laws with respect to distilled spirits, wine, and malt
    beverages:
      (a) It shall be unlawful, except pursuant to a basic permit
    issued under this subchapter by the Secretary of the Treasury - 
        (1) to engage in the business of importing into the United
      States distilled spirits, wine, or malt beverages; or
        (2) for any person so engaged to sell, offer or deliver for
      sale, contract to sell, or ship, in interstate or foreign
      commerce, directly or indirectly or through an affiliate,
      distilled spirits, wine, or malt beverages so imported.

      (b) It shall be unlawful, except pursuant to a basic permit
    issued under this subchapter by the Secretary of the Treasury - 
        (1) to engage in the business of distilling distilled spirits,
      producing wine, rectifying or blending distilled spirits or wine,
      or bottling, or warehousing and bottling, distilled spirits; or
        (2) for any person so engaged to sell, offer or deliver for
      sale, contract to sell, or ship, in interstate or foreign
      commerce, directly or indirectly or through an affiliate,
      distilled spirits or wine so distilled, produced, rectified,
      blended, or bottled, or warehoused and bottled.

      (c) It shall be unlawful, except pursuant to a basic permit
    issued under this subchapter by the Secretary of the Treasury - 
        (1) to engage in the business of purchasing for resale at
      wholesale distilled spirits, wine, or malt beverages; or
        (2) for any person so engaged to receive or to sell, offer or
      deliver for sale, contract to sell, or ship, in interstate or
      foreign commerce, directly or indirectly or through an affiliate,
      distilled spirits, wine, or malt beverages so purchased.

    This subsection shall take effect July 1, 1936.
      This section shall not apply to any agency of a State or
    political subdivision thereof or any officer or employee of any
    such agency, and no such agency or officer or employee shall be
    required to obtain a basic permit under this subchapter.

-SOURCE-
    (Aug. 29, 1935, ch. 814, title I, Sec. 103, formerly Sec. 3, 49
    Stat. 978; Feb. 29, 1936, ch. 105, Sec. 1, 49 Stat. 1152; 1940
    Reorg. Plan No. III, Sec. 2, eff. June 30, 1940, 5 F.R. 2108, 54
    Stat. 1232; renumbered title I, Sec. 103, and amended Pub. L. 100-
    690, title VIII, Sec. 8001(a)(1), (2), (b)(2), Nov. 18, 1988, 102
    Stat. 4517, 4521.)

-COD-
                               CODIFICATION                           
      In the original, subsections (a) and (b) of this section
    contained a final paragraph which provided as follows: "This
    subsection shall take effect sixty days after the date upon which
    the Administrator first appointed under this title takes office."

-MISC1-
                                AMENDMENTS                            
      1988 - Pub. L. 100-690, Sec. 8001(b)(2), substituted "subchapter"
    for "chapter" wherever appearing.
      1936 - Subsec. (c). Act Feb. 29, 1936, extended the effective
    date from March 1, 1936, to July 1, 1936.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      "Secretary of the Treasury" was substituted in text for
    "Administrator", meaning the Administrator of the Federal Alcohol
    Administration, pursuant to Reorg. Plan No. III of 1940, see note
    set out under section 201 of this title.

-End-

-CITE-
    27 USC Sec. 204                                             01/03/2007

-EXPCITE-
    TITLE 27 - INTOXICATING LIQUORS
    CHAPTER 8 - FEDERAL ALCOHOL ADMINISTRATION ACT
    SUBCHAPTER I - FEDERAL ALCOHOL ADMINISTRATION

-HEAD-
    Sec. 204. Permits

-STATUTE-
    (a) Who entitled thereto
      The following persons shall, on application therefor, be entitled
    to a basic permit:
        (1) Any person who, on May 25, 1935, held a basic permit as
      distiller, rectifier, wine producer, or importer issued by an
      agency of the Federal Government.
        (2) Any other person unless the Secretary of the Treasury finds
      (A) that such person (or in case of a corporation, any of its
      officers, directors, or principal stockholders) has, within five
      years prior to the date of application, been convicted of a
      felony under Federal or State law or has, within three years
      prior to date of application, been convicted of a misdemeanor
      under any Federal law relating to liquor, including the taxation
      thereof; or (B) that such person is, by reason of his business
      experience, financial standing, or trade connections, not likely
      to commence operations within a reasonable period or to maintain
      such operations in conformity with Federal law; or (C) that the
      operations proposed to be conducted by such person are in
      violation of the law of the State in which they are to be
      conducted.
    (b) Refusal of permit; hearing
      If upon examination of any application for a basic permit the
    Secretary of the Treasury has reason to believe that the applicant
    is not entitled to such permit, he shall notify the applicant
    thereof and, upon request by the applicant, afford him due notice
    and opportunity for hearing on the application. If the Secretary of
    the Treasury, after affording such notice and opportunity for
    hearing, finds that the applicant is not entitled to a basic permit
    hereunder, he shall by order deny the application stating the
    findings which are the basis for his order.
    (c) Form of application
      The Secretary of the Treasury shall prescribe the manner and form
    of all applications for basic permits (including the facts to be
    set forth therein) and the form of all basic permits, and shall
    specify in any basic permit the authority conferred by the permit
    and the conditions thereof in accordance with the provisions of
    this subchapter. To the extent deemed necessary by the Secretary of
    the Treasury for the efficient administration of this subchapter,
    separate applications and permits shall be required by the
    Secretary of the Treasury with respect to distilled spirits, wine,
    and malt beverages, and the various classes thereof, and with
    respect to the various classes of persons entitled to permits
    hereunder. The issuance of a basic permit under this subchapter
    shall not operate to deprive the United States of its remedy for
    any violation of law.
    (d) Conditions
      A basic permit shall be conditioned upon compliance with the
    requirements of section 205 of this title (relating to unfair
    competition and unlawful practices) and of section 206 of this
    title (relating to bulk sales and bottling), with the twenty-first
    amendment and laws relating to the enforcement thereof, and with
    all other Federal laws relating to distilled spirits, wine, and
    malt beverages, including taxes with respect thereto.
    (e) Revocation, suspension, and annulment
      A basic permit shall by order of the Secretary of the Treasury,
    after due notice and opportunity for hearing to the permittee, (1)
    be revoked, or suspended for such period as the Secretary of the
    Treasury deems appropriate, if the Secretary finds that the
    permittee has wilfully violated any of the conditions thereof,
    provided that for a first violation of the conditions thereof the
    permit shall be subject to suspension only; or (2) be revoked if
    the Secretary finds that the permittee has not engaged in the
    operations authorized by the permit for a period of more than two
    years; or (3) be annulled if the Secretary finds that the permit
    was procured through fraud, or misrepresentation, or concealment of
    material fact. The order shall state the findings which are the
    basis for the order.
    (f) Service of orders
      Orders of the Secretary with respect to any denial of
    application, suspension, revocation, annulment, or other
    proceedings, shall be served (1) in person by any officer or
    employee of the Secretary designated by him or any internal revenue
    or customs officer authorized by the Secretary for the purpose, or
    (2) by mailing the order by registered mail, addressed to the
    applicant or respondent at his last known address in the records of
    the Secretary.
    (g) Duration
      A basic permit shall continue in effect until suspended, revoked,
    or annulled as provided herein, or voluntarily surrendered; except
    that (1) if leased, sold, or otherwise voluntarily transferred, the
    permit shall be automatically terminated thereupon, and (2) if
    transferred by operation of law or if actual or legal control of
    the permittee is acquired, directly or indirectly, whether by stock-
    ownership or in any other manner, by any person, then such permit
    shall be automatically terminated at the expiration of thirty days
    thereafter: Provided, That if within such thirty-day period
    application for a new basic permit is made by the transferee or
    permittee, respectively, then the outstanding basic permit shall
    continue in effect until such application is finally acted on by
    the Secretary of the Treasury.
    (h) Appeal; procedure
      An appeal may be taken by the permittee or applicant for a permit
    from any order of the Secretary of the Treasury denying an
    application for, or suspending, revoking, or annulling, a basic
    permit. Such appeal shall be taken by filing, in the court of
    appeals of the United States within any circuit wherein such person
    resides or has his principal place of business, or in the United
    States Court of Appeals for the District of Columbia, within sixty
    days after the entry of such order, a written petition praying that
    the order of the Secretary be modified or set aside in whole or in
    part. A copy of such petition shall be forthwith transmitted by the
    clerk of the court to the Secretary, or any officer designated by
    him for that purpose, and thereupon the Secretary shall file in the
    court the record upon which the order complained of was entered, as
    provided in section 2112 of title 28. Upon the filing of such
    petition such court shall have exclusive jurisdiction to affirm,
    modify, or set aside such order, in whole or in part. No objection
    to the order of the Secretary shall be considered by the court
    unless such objection shall have been urged before the Secretary or
    unless there were reasonable grounds for failure so to do. The
    finding of the Secretary as to the facts, if supported by
    substantial evidence, shall be conclusive. If any party shall apply
    to the court for leave to adduce additional evidence, and shall
    show to the satisfaction of the court that such additional evidence
    is material and that there were reasonable grounds for failure to
    adduce such evidence in the proceeding before the Secretary, the
    court may order such additional evidence to be taken before the
    Secretary and to be adduced upon the hearing in such manner and
    upon such terms and conditions as to the court may seem proper. The
    Secretary may modify his findings as to the facts by reason of the
    additional evidence so taken, and he shall file with the court such
    modified or new findings, which, if supported by substantial
    evidence, shall be conclusive, and his recommendation, if any, for
    the modification or setting aside of the original order. The
    judgment and decree of the court affirming, modifying, or setting
    aside, in whole or in part, any such order of the Secretary shall
    be final, subject to review by the Supreme Court of the United
    States upon certiorari or certification as provided in section 1254
    of title 28. The commencement of proceedings under this subsection
    shall, unless specifically ordered by the court to the contrary,
    operate as a stay of the Secretary's order.
    (i) Limitation
      No proceeding for the suspension or revocation of a basic permit
    for violation of any condition thereof relating to compliance with
    Federal law shall be instituted by the Secretary more than eighteen
    months after conviction of the violation of Federal law, or, if no
    conviction has been had, more than three years after the violation
    occurred; and no basic permit shall be suspended or revoked for a
    violation of any such condition thereof if the alleged violation of
    Federal law has been compromised by any officer of the Government
    authorized to compromise such violation.

-SOURCE-
    (Aug. 29, 1935, ch. 814, title I, Sec. 104, formerly Sec. 4, 49
    Stat. 978; 1940 Reorg. Plan No. III, Sec. 2, eff. June 30, 1940, 5
    F.R. 2108, 54 Stat. 1232; June 25, 1948, ch. 646, Sec. 32(a), 62
    Stat. 991; May 24, 1949, ch. 139, Sec. 127, 63 Stat. 107; Pub. L.
    85-791, Sec. 14, Aug. 28, 1958, 72 Stat. 946; renumbered title I,
    Sec. 104, and amended Pub. L. 100-690, title VIII, Sec. 8001(a)(1),
    (2), (b)(2), (3), Nov. 18, 1988, 102 Stat. 4517, 4521.)

-COD-
                               CODIFICATION                           
      In subsec. (h) of this section, "section 1254 of title 28" was
    substituted for "sections 239 and 240 of the Judicial Code, as
    amended", on authority of act June 25, 1948, ch. 646, 62 Stat. 869,
    the first section of which enacted Title 28, Judiciary and Judicial
    Procedure.

-MISC1-
                                AMENDMENTS                            
      1988 - Subsec. (c). Pub. L. 100-690, Sec. 8001(b)(2), substituted
    "subchapter" for "chapter" wherever appearing.
      Subsec. (d). Pub. L. 100-690, Sec. 8001(b)(3), made technical
    amendment to references to sections 205 and 206 of this title to
    reflect renumbering of corresponding sections of original act.
      1958 - Subsec. (h). Pub. L. 85-791, in third sentence,
    substituted "transmitted by the clerk of the court to the
    Secretary, or" for "served upon, the Secretary, or upon any",
    substituted "file in the court" for "certify and file in the court
    a transcript of", and inserted "as provided in section 2112 of
    title 28", and in fourth sentence, substituted "petition" for
    "transcript".

-CHANGE-
                              CHANGE OF NAME                          
      "Court of appeals" was substituted for "circuit court of appeals"
    pursuant to act June 25, 1948, as amended by act May 24, 1949.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      "Secretary of the Treasury" and "Secretary" were substituted in
    subsecs. (a) to (c) and (e) to (i) for "Administrator", meaning the
    Administrator of the Federal Alcohol Administration, pursuant to
    Reorg. Plan No. III of 1940, see note set out under section 201 of
    this title.

-MISC2-
               APPLICABILITY OF ADMINISTRATIVE PROCEDURE ACT           
      Section 35 of Pub. L. 85-791 provided that: "This Act shall not
    be construed to repeal or modify any provision of the
    Administrative Procedure Act [subchapter II of chapter 5, and
    chapter 7, of Title 5, Government Organization and Employees]."

-End-

-CITE-
    27 USC Sec. 205                                             01/03/2007

-EXPCITE-
    TITLE 27 - INTOXICATING LIQUORS
    CHAPTER 8 - FEDERAL ALCOHOL ADMINISTRATION ACT
    SUBCHAPTER I - FEDERAL ALCOHOL ADMINISTRATION

-HEAD-
    Sec. 205. Unfair competition and unlawful practices

-STATUTE-
      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 inducement 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: (1) By acquiring or
    holding (after the expiration of any existing license) any interest
    in any license with respect to the premises of the retailer; or (2)
    by acquiring any interest in real or personal property owned,
    occupied, or used by the retailer in the conduct of his business;
    or (3) by furnishing, giving, renting, lending, or selling to the
    retailer, any equipment, fixtures, signs, supplies, money,
    services, or other thing of value, subject to such exceptions as
    the Secretary of the Treasury shall by regulation prescribe, having
    due regard for public health, the quantity and value of articles
    involved, established trade customs not contrary to the public
    interest and the purposes of this subsection; or (4) by paying or
    crediting the retailer for any advertising, display, or
    distribution service; or (5) by guaranteeing any loan or the
    repayment of any financial obligation of the retailer; or (6) by
    extending to the retailer credit for a period in excess of the
    credit period usual and customary to the industry for the
    particular class of transactions, as ascertained by the Secretary
    of the Treasury and prescribed by regulations by him; or (7) by
    requiring the retailer to take and dispose of a certain quota of
    any of such products; or
    (c) Commercial bribery
      To induce through any of the following means, any trade buyer
    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 inducement is to prevent, deter, hinder, or restrict other
    persons from selling or offering for sale any such products to such
    trade buyer in interstate or foreign commerce: (1) By commercial
    bribery; or (2) by offering or giving any bonus, premium, or
    compensation to any officer, or employee, or representative of the
    trade buyer; or
    (d) Consignment sales
      To sell, offer for sale, or contract to sell to any trade buyer
    engaged in the sale of distilled spirits, wine, or malt beverages,
    or for any such trade buyer to purchase, offer to purchase, or
    contract to purchase, any such products on consignment or under
    conditional sale or with the privilege of return or on any basis
    otherwise than a bona fide sale, or where any part of such
    transaction involves, directly or indirectly, the acquisition by
    such person from the trade buyer or his agreement to acquire from
    the trade buyer other distilled spirits, wine, or malt beverages -
    if such sale, purchase, offer, or contract is made in the course of
    interstate or foreign commerce, or if such person or trade buyer
    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 sale,
    purchase, offer, or contract is to prevent, deter, hinder, or
    restrict other persons from selling or offering for sale any such
    products to such trade buyer in interstate or foreign commerce:
    Provided, That this subsection shall not apply to transactions
    involving solely the bona fide return of merchandise for ordinary
    and usual commercial reasons arising after the merchandise has been
    sold; or
    (e) Labeling
      To sell or ship or deliver for sale or shipment, or otherwise
    introduce in interstate or foreign commerce, or to receive therein,
    or to remove from customs custody for consumption, any distilled
    spirits, wine, or malt beverages in bottles, unless such products
    are bottled, packaged, and labeled in conformity with such
    regulations, to be prescribed by the Secretary of the Treasury,
    with respect to packaging, marking, branding, and labeling and size
    and fill of container (1) as will prohibit deception of the
    consumer with respect to such products or the quantity thereof and
    as will prohibit, irrespective of falsity, such statements relating
    to age, manufacturing processes, analyses, guarantees, and
    scientific or irrelevant matters as the Secretary of the Treasury
    finds to be likely to mislead the consumer; (2) as will provide the
    consumer with adequate information as to the identity and quality
    of the products, the alcoholic content thereof (except that
    statements of, or statements likely to be considered as statements
    of, alcoholic content of malt beverages are prohibited unless
    required by State law and except that, in case of wines, statements
    of alcoholic content shall be required only for wines containing
    more than 14 per centum of alcohol by volume), the net contents of
    the package, and the manufacturer or bottler or importer of the
    product; (3) as will require an accurate statement, in the case of
    distilled spirits (other than cordials, liqueurs, and specialties)
    produced by blending or rectification, if neutral spirits have been
    used in the production thereof, informing the consumer of the
    percentage of neutral spirits so used and of the name of the
    commodity from which such neutral spirits have been distilled, or
    in case of neutral spirits or of gin produced by a process of
    continuous distillation, the name of the commodity from which
    distilled; (4) as will prohibit statements on the label that are
    disparaging of a competitor's products or are false, misleading,
    obscene, or indecent; and (5) as will prevent deception of the
    consumer by use of a trade or brand name that is the name of any
    living individual of public prominence, or existing private or
    public organization, or is a name that is in simulation or is an
    abbreviation thereof, and as will prevent the use of a graphic,
    pictorial, or emblematic representation of any such individual or
    organization, if the use of such name or representation is likely
    falsely to lead the consumer to believe that the product has been
    indorsed, made, or used by, or produced for, or under the
    supervision of, or in accordance with the specifications of, such
    individual or organization: Provided, That this clause shall not
    apply to the use of the name of any person engaged in business as a
    distiller, brewer, rectifier, blender, or other producer, or as an
    importer, wholesaler, retailer, bottler, or warehouseman, of
    distilled spirits, wine, or malt beverages, nor to the use by any
    person of a trade or brand name used by him or his predecessor in
    interest prior to August 29, 1935; including regulations requiring,
    at time of release from customs custody, certificates issued by
    foreign governments covering origin, age, and identity of imported
    products: Provided further, That nothing herein nor any decision,
    ruling, or regulation of any Department of the Government shall
    deny the right of any person to use any trade name or brand of
    foreign origin not presently effectively registered in the United
    States Patent and Trademark Office which has been used by such
    person or predecessors in the United States for a period of at
    least five years last past, if the use of such name or brand is
    qualified by the name of the locality in the United States in which
    the product is produced, and, in the case of the use of such name
    or brand on any label or in any advertisement, if such
    qualification is as conspicuous as such name or brand.
      It shall be unlawful for any person to alter, mutilate, destroy,
    obliterate, or remove any mark, brand, or label upon distilled
    spirits, wine, or malt beverages held for sale in interstate or
    foreign commerce or after shipment therein, except as authorized by
    Federal law or except pursuant to regulations of the Secretary of
    the Treasury authorizing relabeling for purposes of compliance with
    the requirements of this subsection or of State law.
      In order to prevent the sale or shipment or other introduction of
    distilled spirits, wine, or malt beverages in interstate or foreign
    commerce, if bottled, packaged, or labeled in violation of the
    requirements of this subsection, (1) no bottler of distilled
    spirits, no producer, blender, or wholesaler of wine, or proprietor
    of a bonded wine storeroom, and no brewer or wholesaler of malt
    beverages shall bottle, and (2) no person shall remove from customs
    custody, in bottles, for sale or any other commercial purpose,
    distilled spirits, wine, or malt beverages, respectively, after
    such date as the Secretary of the Treasury fixes as the earliest
    practicable date for the application of the provisions of this
    subsection to any class of such persons (but not later than August
    15, 1936, in the case of distilled spirits, and December 15, 1936,
    in the case of wine and malt beverages, and only after thirty days'
    public notice), unless, upon application to the Secretary of the
    Treasury, he has obtained and has in his possession a certificate
    of label approval covering the distilled spirits, wine, or malt
    beverages, issued by the Secretary in such manner and form as he
    shall by regulations prescribe: Provided, That any such bottler of
    distilled spirits, or producer, blender, or wholesaler of wine, or
    proprietor of a bonded wine storeroom, or brewer or wholesaler of
    malt beverages shall be exempt from the requirements of this
    subsection if, upon application to the Secretary, he shows to the
    satisfaction of the Secretary that the distilled spirits, wine, or
    malt beverages to be bottled by the applicant are not to be sold,
    or offered for sale, or shipped or delivered for shipment, or
    otherwise introduced, in interstate or foreign commerce. Officers
    of internal revenue are authorized and directed to withhold the
    release of distilled spirits from the bottling plant unless such
    certificates have been obtained, or unless the application of the
    bottler for exemption has been granted by the Secretary; and
    customs officers are authorized and directed to withhold the
    release from customs custody of distilled spirits, wine, and malt
    beverages, unless such certificates have been obtained. The
    District Courts of the United States, and the United States court
    for any Territory shall have jurisdiction of suits to enjoin,
    annul, or suspend in whole or in part any final action by the
    Secretary upon any application under this subsection; or
    (f) Advertising
      To publish or disseminate or cause to be published or
    disseminated by radio broadcast, or in any newspaper, periodical or
    other publication or by any sign or outdoor advertisement or any
    other printed or graphic matter, any advertisement of distilled
    spirits, wine, or malt beverages, if such advertisement is in, or
    is calculated to induce sales in, interstate or foreign commerce,
    or is disseminated by mail, unless such advertisement is in
    conformity with such regulations, to be prescribed by the Secretary
    of the Treasury, (1) as will prevent deception of the consumer with
    respect to the products advertised and as will prohibit,
    irrespective of falsity, such statements relating to age,
    manufacturing processes, analyses, guaranties, and scientific or
    irrelevant matters as the Secretary of the Treasury finds to be
    likely to mislead the consumer; (2) as will provide the consumer
    with adequate information as to the identity and quality of the
    products advertised, the alcoholic content thereof (except the
    statements of, or statements likely to be considered as statements
    of, alcoholic content of malt beverages and wines are prohibited),
    and the person responsible for the advertisement; (3) as will
    require an accurate statement, in the case of distilled spirits
    (other than cordials, liqueurs, and specialties) produced by
    blending or rectification, if neutral spirits have been used in the
    production thereof, informing the consumer of the percentage of
    neutral spirits so used and of the name of the commodity from which
    such neutral spirits have been distilled, or in case of neutral
    spirits or of gin produced by a process of continuous distillation,
    the name of the commodity from which distilled; (4) as will
    prohibit statements that are disparaging of a competitor's products
    or are false, misleading, obscene, or indecent; (5) as will prevent
    statements inconsistent with any statement on the labeling of the
    products advertised. This subsection shall not apply to outdoor
    advertising in place on June 18, 1935, but shall apply upon
    replacement, restoration, or renovation of any such advertising.
    The prohibitions of this subsection and regulations thereunder
    shall not apply to the publisher of any newspaper, periodical, or
    other publication, or radio broadcaster, unless such publisher or
    radio broadcaster is engaged in business as a distiller, brewer,
    rectifier, 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.
      The provisions of subsections (a), (b), and (c) of this section
    shall not apply to any act done by an agency of a State or
    political subdivision thereof, or by any officer or employee of
    such agency.
      In the case of malt beverages, the provisions of subsections (a),
    (b), (c), and (d) of this section shall apply to transactions
    between a retailer or trade buyer in any State and a brewer,
    importer, or wholesaler of malt beverages outside such State only
    to the extent that the law of such State imposes similar
    requirements with respect to similar transactions between a
    retailer or trade buyer in such State and a brewer, importer, or
    wholesaler of malt beverages in such State, as the case may be. In
    the case of malt beverages, the provisions of this subsection and
    subsection (e) of this section shall apply to the labeling of malt
    beverages sold or shipped or delivered for shipment or otherwise
    introduced into or received in any State from any place outside
    thereof, or the advertising of malt beverages intended to be sold
    or shipped or delivered for shipment or otherwise introduced into
    or received in any State from any place outside thereof, only to
    the extent that the law of such State imposes similar requirements
    with respect to the labeling or advertising, as the case may be, of
    malt beverages not sold or shipped or delivered for shipment or
    otherwise introduced into or received in such State from any place
    outside thereof.
      The Secretary of the Treasury shall give reasonable public
    notice, and afford to interested parties opportunity for hearing,
    prior to prescribing regulations to carry out the provisions of
    this section.

-SOURCE-
    (Aug. 29, 1935, ch. 814, title I, Sec. 105, formerly Sec. 5, 49
    Stat. 981; Feb. 29, 1936, ch. 105, Sec. 2, 49 Stat. 1152; June 25,
    1936, ch. 804, 49 Stat. 1921; June 26, 1936, ch. 830, title V,
    Secs. 505, 506, 49 Stat. 1965, 1966; 1940 Reorg. Plan No. III, Sec.
    2, eff. June 30, 1940, 5 F.R. 2108, 54 Stat. 1232; Apr. 20, 1942,
    ch. 244, Sec. 1(h), 56 Stat. 219; June 25, 1948, ch. 646, Sec.
    32(b), 62 Stat. 991; May 24, 1949, ch. 139, Sec. 127, 63 Stat. 107;
    renumbered title I, Sec. 105, and amended Pub. L. 100-690, title
    VIII, Sec. 8001(a)(1), (2), (b)(2), Nov. 18, 1988, 102 Stat. 4517,
    4521; Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, Sec.
    4732(b)(13)], Nov. 29, 1999, 113 Stat. 1536, 1501A-584.)

-COD-
                               CODIFICATION                           
      As originally enacted subsec. (e) of this section contained a
    reference to the Supreme Court of the District of Columbia. Act
    June 25, 1936, substituted "the district court of the United States
    for the District of Columbia" for "the Supreme Court of the
    District of Columbia", 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".
      An amendment to the second proviso of subsec. (e) of this title
    was contained in act June 26, 1936, ch. 830, title V, Sec. 506, 49
    Stat. 1965. The amendment was to have taken effect when a majority
    of the members of the Federal Alcohol Administration authorized to
    be appointed under section 202b of this title took office. However,
    the members were never appointed and section 202b of this title was
    repealed by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 649.

-MISC1-
                                AMENDMENTS                            
      1999 - Subsec. (e). Pub. L. 106-113 substituted "United States
    Patent and Trademark Office" for "United States Patent Office" in
    first par.
      1988 - Subsec. (e). Pub. L. 100-690, Sec. 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.
      1942 - Subsec. (f)(2). Act Apr. 20, 1942, substituted "beverages
    and wines are prohibited" for "beverages are prohibited and except
    that, in case of wines, statements of alcoholic content shall be
    required only for wines containing more than 14 per centum of
    alcohol by volume,".
      1936 - Subsec. (e). Act Feb. 29, 1936, substituted "August 15,
    1936, in the case of distilled spirits, and December 15, 1936, in
    the case of wine and malt beverages" for "March 1, 1936,".
      Subsec. (e). Act June 26, 1936, amended subsec. (e) generally.

                     EFFECTIVE DATE OF 1999 AMENDMENT                 
      Amendment by Pub. L. 106-113 effective 4 months after Nov. 29,
    1999, see section 1000(a)(9) [title IV, Sec. 4731] of Pub. L. 106-
    113, set out as a note under section 1 of Title 35, Patents.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      "Secretary of the Treasury" and "Secretary" were substituted in
    subsecs. (b), (e), and (f) for "Administrator", meaning the
    Administrator of the Federal Alcohol Administration, pursuant to
    Reorg. Plan No. III of 1940, see note set out under section 201 of
    this title.

-End-

-CITE-
    27 USC Sec. 206                                             01/03/2007

-EXPCITE-
    TITLE 27 - INTOXICATING LIQUORS
    CHAPTER 8 - FEDERAL ALCOHOL ADMINISTRATION ACT
    SUBCHAPTER I - FEDERAL ALCOHOL ADMINISTRATION

-HEAD-
    Sec. 206. Bulk sales and bottling

-STATUTE-
    (a) Offenses
      It shall be unlawful for any person - 
        (1) To sell or offer to sell, contract to sell, or otherwise
      dispose of distilled spirits in bulk except, under regulations of
      the Secretary of the Treasury, for export or to the following, or
      to import distilled spirits in bulk except, under such
      regulations, for sale to or for use by the following: A
      distiller, rectifier of distilled spirits, person operating a
      bonded warehouse qualified under the internal-revenue laws or a
      class 8 bonded warehouse qualified under the customs laws, a
      winemaker for the fortification of wines, a proprietor of an
      industrial alcohol plant, or an agency of the United States or
      any State or political subdivision thereof.
        (2) To sell or offer to sell, contract to sell, or otherwise
      dispose of warehouse receipts for distilled spirits in bulk
      unless such warehouse receipts require that the warehouseman
      shall package such distilled spirits, before delivery, in bottles
      labeled and marked in accordance with law, or deliver such
      distilled spirits in bulk only to persons to whom it is lawful to
      sell or otherwise dispose of distilled spirits in bulk.
        (3) To bottle distilled spirits unless the bottler is a person
      to whom it is lawful to sell or otherwise dispose of distilled
      spirits in bulk.
    (b) Penalty
      Any person who violates the requirements of this section shall,
    upon conviction thereof, be fined not more than $5,000 or
    imprisoned for not more than one year or both, and shall forfeit to
    the United States all distilled spirits with respect to which the
    violation occurs and the containers thereof.
    (c) "In bulk" defined
      The term "in bulk" mean in containers having a capacity in excess
    of one wine gallon.

-SOURCE-
    (Aug. 29, 1935, ch. 814, title I, Sec. 106, formerly Sec. 6, 49
    Stat. 985; 1940 Reorg. Plan No. III, Sec. 2, eff. June 30, 1940, 5
    F.R. 2108, 54 Stat. 1232; renumbered title I, Sec. 106, Pub. L. 100-
    690, title VIII, Sec. 8001(a)(1), (2), Nov. 18, 1988, 102 Stat.
    4517.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The internal-revenue laws, referred to in subsec. (a), are
    classified generally to Title 26, Internal Revenue Code.
      The customs laws, referred to in subsec. (a), are classified
    generally to Title 19, Customs Duties.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      "Secretary of the Treasury" was substituted in subsec. (a)(1) for
    "Administrator", meaning the Administrator of the Federal Alcohol
    Administration, pursuant to Reorg. Plan No. III of 1940, see note
    set out under section 201 of this title.

-End-

-CITE-
    27 USC Sec. 207                                             01/03/2007

-EXPCITE-
    TITLE 27 - INTOXICATING LIQUORS
    CHAPTER 8 - FEDERAL ALCOHOL ADMINISTRATION ACT
    SUBCHAPTER I - FEDERAL ALCOHOL ADMINISTRATION

-HEAD-
    Sec. 207. Penalties; jurisdiction; compromise of liability

-STATUTE-
      The District Courts of the United States, and the United States
    court for any Territory, of the District where the offense is
    committed or threatened or of which the offender is an inhabitant
    or has his principal place of business, are vested with
    jurisdiction of any suit brought by the Attorney General in the
    name of the United States, to prevent and restrain violations of
    any of the provisions of this subchapter. Any person violating any
    of the provisions of section 203 or 205 of this title shall be
    guilty of a misdemeanor and upon conviction thereof be fined not
    more than $1,000 for each offense. The Secretary of the Treasury is
    authorized, with respect to any violation of this subchapter, to
    compromise the liability arising with respect to such violation (1)
    upon payment of a sum not in excess of $500 for each offense, to be
    collected by the Secretary and to be paid into the Treasury as
    miscellaneous receipts, and (2) in case of repetitious violations
    and in order to avoid multiplicity of criminal proceedings, upon
    agreement to a stipulation, that the United States may, on its own
    motion upon five days' notice to the violator, cause a consent
    decree to be entered by any court of competent jurisdiction
    enjoining the repetition of such violation.

-SOURCE-
    (Aug. 29, 1935, ch. 814, title I, Sec. 107, formerly Sec. 7, 49
    Stat. 985; June 25, 1936, ch. 804, 49 Stat. 1921; 1940 Reorg. Plan
    No. III, Sec. 2, eff. June 30, 1940, 5 F.R. 2108, 54 Stat. 1232;
    1940 Reorg. Plan No. IV, Sec. 2, eff. June 30, 1940, 5 F.R. 2421,
    54 Stat. 1234; June 25, 1948, ch. 646, Sec. 32(b), 62 Stat. 991;
    May 24, 1949, ch. 139, Sec. 127, 63 Stat. 107; renumbered title I,
    Sec. 107, and amended Pub. L. 100-690, title VIII, Sec. 8001(a)(1),
    (2), (b)(2), (4), Nov. 18, 1988, 102 Stat. 4517, 4521.)

-COD-
                               CODIFICATION                           
      As originally enacted this section contained a reference to the
    Supreme Court of the District of Columbia. Act June 25, 1936,
    substituted "the district court of the United States for the
    District of Columbia" for "the Supreme Court of the District of
    Columbia", 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".

-MISC1-
                                AMENDMENTS                            
      1988 - Pub. L. 100-690, Sec. 8001(b)(2), substituted "subchapter"
    for "chapter" in two places.
      Pub. L. 100-690, Sec. 8001(b)(4), made technical amendment to
    references to sections 203 and 205 of this title to reflect
    renumbering of corresponding sections of original act.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      "The Secretary of the Treasury is authorized" and "Secretary"
    were substituted for "Subject to the approval of the Attorney
    General, the Administrator is authorized" and "Administrator",
    meaning the Administrator of the Federal Alcohol Administration,
    respectively, pursuant to Reorg. Plan No. IV of 1940, set out in
    the Appendix to Title 5, Government Organization and Employees,
    which transferred the function of approving compromises made in
    accordance with this section from the Attorney General to the
    Secretary of the Treasury, to be exercised by him or under his
    direction and supervision by officer in the Department of the
    Treasury designated by him, and Reorg. Plan No. III of 1940, set
    out in the Appendix to Title V, which transferred the functions of
    the Administrator of the Federal Alcohol Administration to the
    Secretary of the Treasury. Reorg. Plan No. IV of 1940, in addition,
    contained the following proviso: "Provided, That exclusive
    jurisdiction to compromise cases arising under the Federal Alcohol
    Administration Act which are pending before the courts or which
    have been or may hereafter be referred to the Department of Justice
    for action shall be vested in the Attorney General, and may be
    exercised by him or by any officer in the Department of Justice
    designated by him." See also note set out under section 201 of this
    title.

-End-

-CITE-
    27 USC Sec. 208                                             01/03/2007

-EXPCITE-
    TITLE 27 - INTOXICATING LIQUORS
    CHAPTER 8 - FEDERAL ALCOHOL ADMINISTRATION ACT
    SUBCHAPTER I - FEDERAL ALCOHOL ADMINISTRATION

-HEAD-
    Sec. 208. Interlocking directorates

-STATUTE-
    (a) Offenses
      Except as provided in subsection (b) of this section, it shall be
    unlawful for any individual to take office, after August 29, 1935,
    as an officer or director of any company, if his doing so would
    make him an officer or director of more than one company engaged in
    business as a distiller, rectifier, or blender of distilled
    spirits, or of any such company and of a company which is an
    affiliate of any company engaged in business as a distiller,
    rectifier, or blender of distilled spirits, or of more than one
    company which is an affiliate of any company engaged in business as
    a distiller, rectifier, or blender of distilled spirits, unless,
    prior to taking such office, application made by such individual to
    the Secretary of the Treasury has been granted and after due
    showing has been made to him that service by such individual as
    officer or director of all the foregoing companies of which he is
    an officer or director together with service in the company with
    respect to which application is made will not substantially
    restrain or prevent competition in interstate or foreign commerce
    in distilled spirits. The Secretary of the Treasury shall, by
    order, grant or deny such application on the basis of the proof
    submitted to him and his finding thereon. The District Courts of
    the United States, and the United States court for any Territory
    shall have jurisdiction of suits to enjoin, annul, or suspend in
    whole or in part any final action by the Secretary upon any
    application under this subsection.
    (b) Conditions of lawfully taking office
      An individual may, without regard to the provisions of subsection
    (a) of this section, take office as an officer or director of a
    company described in said subsection while holding the position of
    officer or director of any other such company if such companies are
    affiliates at the time of his taking office and if - 
        (1) Such companies are affiliates on August 29, 1935; or
        (2) Each of such companies has been organized under the law of
      a State to comply with a requirement thereof under which, as a
      condition of doing business in such State, such company must be
      organized under the law of such State; or
        (3) One or more such companies has been organized under the law
      of a State to comply with a requirement thereof under which, as a
      condition of doing business in such State, such company must be
      organized under the laws of such State, and the other one or more
      of such companies not so organized, is in existence on August 29,
      1935; or
        (4) One or more of such companies has been organized under the
      law of a State to comply with a requirement thereof under which,
      as a condition of doing business in such State, such company must
      be organized under the law of such State, and not more than one
      of such companies is a company which has not been so organized
      and which has been organized after August 29, 1935.
    (c) "Company" defined
      As used in this section, the term "company" means a corporation,
    joint stock company, business trust, or association, but does not
    include any agency of a State or political subdivision thereof or
    any officer or employee of any such agency.
    (d) Penalty
      Any individual taking office in violation of this section shall
    be punished by a fine of not exceeding $1,000.

-SOURCE-
    (Aug. 29, 1935, ch. 814, title I, Sec. 108, formerly Sec. 8, 49
    Stat. 986; June 25, 1936, ch. 804, 49 Stat. 1921; 1940 Reorg. Plan
    No. III, Sec. 2, eff. June 30, 1940, 5 F.R. 2108, 54 Stat. 1232;
    June 25, 1948, ch. 646, Sec. 32(b), 62 Stat. 991; May 24, 1949, ch.
    139, Sec. 127, 63 Stat. 107; renumbered title I, Sec. 108, and
    amended Pub. L. 100-690, title VIII, Sec. 8001(a)(1), (2), (b)(2),
    Nov. 18, 1988, 102 Stat. 4517, 4521.)

-COD-
                               CODIFICATION                           
      As originally enacted subsec. (a) of this section contained a
    reference to the Supreme Court of the District of Columbia. Act
    June 25, 1936, substituted "the district court of the United States
    for the District of Columbia" for "the Supreme Court of the
    District of Columbia", 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".

-MISC1-
                                AMENDMENTS                            
      1988 - Subsecs. (a), (b)(1), (3), (4). Pub. L. 100-690, Sec.
    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.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      "Secretary of the Treasury" and "Secretary" were substituted for
    "Administrator", meaning the Administrator of the Federal Alcohol
    Administration, pursuant to Reorg. Plan No. III of 1940, see note
    set out under section 201 of this title.

-End-

-CITE-
    27 USC Secs. 209, 210                                       01/03/2007

-EXPCITE-
    TITLE 27 - INTOXICATING LIQUORS
    CHAPTER 8 - FEDERAL ALCOHOL ADMINISTRATION ACT
    SUBCHAPTER I - FEDERAL ALCOHOL ADMINISTRATION

-HEAD-
    Secs. 209, 210. Omitted

-COD-
                               CODIFICATION                           
      Section 209, acts Aug. 29, 1935, ch. 814, title I, Sec. 109,
    formerly Sec. 9, 49 Stat. 987; June 26, 1936, ch. 830, title V,
    Sec. 507, 49 Stat. 1966; renumbered title I, Sec. 109, Nov. 18,
    1988, Pub. L. 100-690, title VIII, Sec. 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, Sec. 110,
    formerly Sec. 10, 49 Stat. 987; renumbered title I, Sec. 110, Nov.
    18, 1988, Pub. L. 100-690, title VIII, Sec. 8001(a)(1), (2), 102
    Stat. 4517, abolished the Federal Alcohol Control Administration
    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.

-End-

-CITE-
    27 USC Sec. 211                                             01/03/2007

-EXPCITE-
    TITLE 27 - INTOXICATING LIQUORS
    CHAPTER 8 - FEDERAL ALCOHOL ADMINISTRATION ACT
    SUBCHAPTER I - FEDERAL ALCOHOL ADMINISTRATION

-HEAD-
    Sec. 211. Miscellaneous provisions

-STATUTE-
    (a) Definitions
      As used in this subchapter - 
        (1) The term "United States" means the several States and
      Territories and the District of Columbia; the term "State"
      includes a Territory and the District of Columbia; and the term
      "Territory" means Alaska, Hawaii, and Puerto Rico.
        (2) The term "interstate or foreign commerce" means commerce
      between any State and any place outside thereof, or commerce
      within any Territory or the District of Columbia, 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 defined in section 610
      and section 617 of the Revenue 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 containing 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 beverage made by the
      alcoholic fermentation of an infusion or decoction, or
      combination of both, in potable brewing water, or malted barley
      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 products
      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 application of such
    provision to any person or circumstance, 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.

-SOURCE-
    (Aug. 29, 1935, ch. 814, title I, Sec. 117, formerly Sec. 17, 49
    Stat. 989; 1940 Reorg. Plan No. III, Sec. 2, eff. June 30, 1940, 5
    F.R. 2108, 54 Stat. 1232; renumbered title I, Sec. 117, and amended
    Pub. L. 100-690, title VIII, Sec. 8001(a)(1), (2), (b)(2), Nov. 18,
    1988, 102 Stat. 4517, 4521.)

-REFTEXT-
                            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 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
    appear in sections 5373(a), 5381 to 5388, and 5392 of Title 26,
    Internal Revenue Code.

-COD-
                               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 definition is no longer effective
    since Reorg. Plan No. III of 1940, set out in the Appendix to Title
    5, Government Organization and Employees, abolished the Federal
    Alcohol 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.

-MISC1-
                                AMENDMENTS                            
      1988 - Pub. L. 100-690, Sec. 8001(b)(2), substituted "this
    subchapter" for "this chapter" wherever appearing.

                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.

-End-

-CITE-
    27 USC Sec. 212                                             01/03/2007

-EXPCITE-
    TITLE 27 - INTOXICATING LIQUORS
    CHAPTER 8 - FEDERAL ALCOHOL ADMINISTRATION ACT
    SUBCHAPTER I - FEDERAL ALCOHOL ADMINISTRATION

-HEAD-
    Sec. 212. Omitted

-COD-
                               CODIFICATION                           
      Section, act June 26, 1936, ch. 830, title V, Sec. 504, 49 Stat.
    1965, proposed a transfer of the appropriations authorized for the
    Federal Alcohol Administration created 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 authorized to
    be appointed under section 202b of this title took office. The
    members, however, were never appointed.

-End-

-CITE-
    27 USC SUBCHAPTER II - ALCOHOLIC BEVERAGE LABELING          01/03/2007

-EXPCITE-
    TITLE 27 - INTOXICATING LIQUORS
    CHAPTER 8 - FEDERAL ALCOHOL ADMINISTRATION ACT
    SUBCHAPTER II - ALCOHOLIC BEVERAGE LABELING

-HEAD-
                SUBCHAPTER II - ALCOHOLIC BEVERAGE LABELING            

-End-

-CITE-
    27 USC Sec. 213                                             01/03/2007

-EXPCITE-
    TITLE 27 - INTOXICATING LIQUORS
    CHAPTER 8 - FEDERAL ALCOHOL ADMINISTRATION ACT
    SUBCHAPTER II - ALCOHOLIC BEVERAGE LABELING

-HEAD-
    Sec. 213. Declaration of policy and purpose

-STATUTE-
      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, nonconfusing reminder of such
    hazards, and that there is a need for national uniformity in such
    reminders in order to avoid the promulgation of incorrect or
    misleading information and to minimize burdens on interstate
    commerce. The Congress 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 constitutional
    powers in order to establish a comprehensive 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 associated with the consumption or abuse of
      alcoholic beverages through a nationally uniform, nonconfusing
      warning notice on each container of such beverages; and
        (2) commerce and the national economy may be - 
          (A) protected to the maximum extent consistent with this
        declared policy,
          (B) not impeded by diverse, nonuniform, and confusing
        requirements for warnings or other information on alcoholic
        beverage containers with respect to any relationship between
        the consumption or abuse of alcoholic beverages and health, and
          (C) protected from the adverse effects that would result from
        a noncomprehensive program covering alcoholic beverage
        containers sold in interstate commerce, but not alcoholic
        beverage containers manufactured and sold within a single
        State.

-SOURCE-
    (Aug. 29, 1935, ch. 814, title II, Sec. 202, as added Pub. L. 100-
    690, title VIII, Sec. 8001(a)(3), Nov. 18, 1988, 102 Stat. 4518.)

-MISC1-
                              EFFECTIVE DATE                          
      Section 210 of title II of act Aug. 29, 1935, as added Nov. 18,
    1988, Pub. L. 100-690, title VIII, Sec. 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 subchapter] 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 Beverage Labeling
    Act of 1988", see section 201 of act Aug. 29, 1935, set out as a
    note under section 201 of this title.

-End-

-CITE-
    27 USC Sec. 214                                             01/03/2007

-EXPCITE-
    TITLE 27 - INTOXICATING LIQUORS
    CHAPTER 8 - FEDERAL ALCOHOL ADMINISTRATION ACT
    SUBCHAPTER II - ALCOHOLIC BEVERAGE LABELING

-HEAD-
    Sec. 214. Definitions

-STATUTE-
      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 consumption.
        (2) The term "bottle" means to fill a container 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 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
        and any place outside thereof;
          (B) commerce between points in any State, 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, but through any place outside 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 innermost sealed container
      irrespective of the material 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" include sampling or
      any other distribution not for sale.

        (9) The term "Secretary" means the Secretary of the Treasury.
        (10) The term "State" includes any political subdivision of any
      State, 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.
        (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
      Commonwealth of Puerto Rico, the Commonwealth of the Northern
      Mariana Islands, Guam, the Virgin Islands, American Samoa, Wake
      Island, the Midway Islands, Kingman Reef, and Johnston Island.

-SOURCE-
    (Aug. 29, 1935, ch. 814, title II, Sec. 203, as added Pub. L. 100-
    690, title VIII, Sec. 8001(a)(3), Nov. 18, 1988, 102 Stat. 4518.)

-FOOTNOTE-
    (!1) So in original. Probably should be "terms".

-End-

-CITE-
    27 USC Sec. 215                                             01/03/2007

-EXPCITE-
    TITLE 27 - INTOXICATING LIQUORS
    CHAPTER 8 - FEDERAL ALCOHOL ADMINISTRATION ACT
    SUBCHAPTER II - ALCOHOLIC BEVERAGE LABELING

-HEAD-
    Sec. 215. Labeling requirement

-STATUTE-
    (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 regulations; consultation and
      coordination with Surgeon General
      The Secretary shall - 
        (1) have the power to - 
          (A) ensure the enforcement of the provisions of this
        subchapter, and
          (B) issue regulations to carry out this subchapter, and

        (2) consult and coordinate the health awareness efforts of the
      labeling requirements of this subchapter with the Surgeon General
      of the United States.

-SOURCE-
    (Aug. 29, 1935, ch. 814, title II, Sec. 204, as added Pub. L. 100-
    690, title VIII, Sec. 8001(a)(3), Nov. 18, 1988, 102 Stat. 4519.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The internal revenue laws of the United States, referred to in
    subsec. (c), are classified generally to Title 26, Internal Revenue
    Code.

-End-

-CITE-
    27 USC Sec. 216                                             01/03/2007

-EXPCITE-
    TITLE 27 - INTOXICATING LIQUORS
    CHAPTER 8 - FEDERAL ALCOHOL ADMINISTRATION ACT
    SUBCHAPTER II - ALCOHOLIC BEVERAGE LABELING

-HEAD-
    Sec. 216. Preemption

-STATUTE-
      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.

-SOURCE-
    (Aug. 29, 1935, ch. 814, title II, Sec. 205, as added Pub. L. 100-
    690, title VIII, Sec. 8001(a)(3), Nov. 18, 1988, 102 Stat. 4520.)

-End-

-CITE-
    27 USC Sec. 217                                             01/03/2007

-EXPCITE-
    TITLE 27 - INTOXICATING LIQUORS
    CHAPTER 8 - FEDERAL ALCOHOL ADMINISTRATION ACT
    SUBCHAPTER II - ALCOHOLIC BEVERAGE LABELING

-HEAD-
    Sec. 217. Report to Congress

-STATUTE-
      If, after appropriate investigation and consultation with the
    Surgeon General carried out after the expiration of the 24-month
    period following November 18, 1988, the Secretary finds that
    available scientific information would justify a change in,
    addition to, or deletion of the statement, or any part thereof, set
    forth in section 215(a) of this title, the Secretary shall promptly
    report such information to the Congress together with specific
    recommendations for such amendments to this subchapter as the
    Secretary determines to be appropriate and in the public interest.

-SOURCE-
    (Aug. 29, 1935, ch. 814, title II, Sec. 206, as added Pub. L. 100-
    690, title VIII, Sec. 8001(a)(3), Nov. 18, 1988, 102 Stat. 4520.)

-End-

-CITE-
    27 USC Sec. 218                                             01/03/2007

-EXPCITE-
    TITLE 27 - INTOXICATING LIQUORS
    CHAPTER 8 - FEDERAL ALCOHOL ADMINISTRATION ACT
    SUBCHAPTER II - ALCOHOLIC BEVERAGE LABELING

-HEAD-
    Sec. 218. Civil penalties

-STATUTE-
      Any person who violates the provisions of this subchapter shall
    be subject to a civil penalty of not more than $10,000, and each
    day shall constitute a separate offense.

-SOURCE-
    (Aug. 29, 1935, ch. 814, title II, Sec. 207, as added Pub. L. 100-
    690, title VIII, Sec. 8001(a)(3), Nov. 18, 1988, 102 Stat. 4520.)

-End-

-CITE-
    27 USC Sec. 219                                             01/03/2007

-EXPCITE-
    TITLE 27 - INTOXICATING LIQUORS
    CHAPTER 8 - FEDERAL ALCOHOL ADMINISTRATION ACT
    SUBCHAPTER II - ALCOHOLIC BEVERAGE LABELING

-HEAD-
    Sec. 219. Injunction proceedings; compromise of liability

-STATUTE-
      (a) The several district courts of the United States are vested
    with jurisdiction, for cause shown, to prevent and restrain
    violations of this subchapter upon the application of the Attorney
    General of the United States acting through the several United
    States attorneys in their several districts.
      (b) The Secretary is authorized, with respect to any violation of
    this subchapter, to compromise the liability arising with respect
    to such violation upon payment of a sum for each offense, to be
    collected by the Secretary and to be paid into the Treasury as
    miscellaneous receipts.

-SOURCE-
    (Aug. 29, 1935, ch. 814, title II, Sec. 208, as added Pub. L. 100-
    690, title VIII, Sec. 8001(a)(3), Nov. 18, 1988, 102 Stat. 4520.)

-End-

-CITE-
    27 USC Sec. 219a                                            01/03/2007

-EXPCITE-
    TITLE 27 - INTOXICATING LIQUORS
    CHAPTER 8 - FEDERAL ALCOHOL ADMINISTRATION ACT
    SUBCHAPTER II - ALCOHOLIC BEVERAGE LABELING

-HEAD-
    Sec. 219a. Severability

-STATUTE-
      If any provision of this subchapter or the application thereof to
    any person or circumstance is held invalid, the validity of the
    remainder of this subchapter and this chapter and of the
    application of such provision to other persons and circumstances
    shall not be affected thereby.

-SOURCE-
    (Aug. 29, 1935, ch. 814, title II, Sec. 209, as added Pub. L. 100-
    690, title VIII, Sec. 8001(a)(3), Nov. 18, 1988, 102 Stat. 4521.)

-End-

-CITE-
    27 USC CHAPTER 9 - LIQUOR ENFORCEMENT ACT OF 1936           01/03/2007

-EXPCITE-
    TITLE 27 - INTOXICATING LIQUORS
    CHAPTER 9 - LIQUOR ENFORCEMENT ACT OF 1936

-HEAD-
                CHAPTER 9 - LIQUOR ENFORCEMENT ACT OF 1936            

-End-

-CITE-
    27 USC Secs. 221 to 228                                     01/03/2007

-EXPCITE-
    TITLE 27 - INTOXICATING LIQUORS
    CHAPTER 9 - LIQUOR ENFORCEMENT ACT OF 1936

-HEAD-
    Secs. 221 to 228. Repealed. June 25, 1948, ch. 645, Sec. 21, 62
      Stat. 862

-MISC1-
      Section 221, act June 25, 1936, ch. 815, Sec. 1, 49 Stat. 1928,
    related to citation of this chapter.
      Section 222, act June 25, 1936, ch. 815, Sec. 2, 49 Stat. 1928,
    related to definitions. See sections 1262 and 3615 of Title 18,
    Crimes and Criminal Procedure.
      Section 223, act June 25, 1936, ch. 815, Sec. 3, 49 Stat. 1928,
    related to transportation of liquor into States where sale is
    prohibited. See section 1262 of Title 18.
      Section 224, act June 25, 1936, ch. 815, Sec. 4, 49 Stat. 1928,
    related to searches and seizures. See section 3615 of Title 18.
      Section 225, act June 25, 1936, ch. 815, Sec. 5, 49 Stat. 1929,
    related to enforcement of this chapter. See section 1261 of Title
    18.
      Section 226, act June 25, 1936, ch. 815, Sec. 10, 49 Stat. 1929,
    related to effect of this chapter on other laws.
      Section 227, act June 25, 1936, ch. 815, Sec. 11, 49 Stat. 1930,
    related to separability provisions of this chapter.
      Section 228, act June 25, 1936, ch. 815, Sec. 12, 49 Stat. 1930,
    related to effective date of this chapter.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal of sections 221 to 228 effective Sept. 1, 1948, see
    section 20 of act June 25, 1948.

-End-