Title 27 USCTitle 27 Online@118-34not31 no OLRC 2023-12-19T11:27:45 USCConverter 1.7.2  Title 27 INTOXICATING LIQUORS Current through 118-34not31    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 General Provisions [Repealed] 1  2. Prohibition of Intoxicating Beverages [Repealed, Omitted, or Transferred] 11  2A. Beer, Ale, Porter, and Similar Fermented Liquor [Repealed or Omitted] 64a  3.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 Penalties [Repealed] 91  5. Prohibition Reorganization Act of 1930 [Repealed] 101  6.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 Liquor Enforcement Act of 1936 [Repealed] 221 CHAPTER 1 GENERAL PROVISIONS  Statutory Notes and Related Subsidiaries Effect of 21st Amendment; Extent of Repeal of Title II of National Prohibition Act Act Oct. 28, 1919, ch. 85 41 Stat. 305 Dec. 5, 1933 Sections 2 to 5 of this chapter (acts Oct. 28, 1919, ch. 85,  1 41 Stat. 307 Nov. 23, 1921, ch. 134 42 Stat. 223 Oct. 28, 1919, ch. 85 41 Stat. 308 Nov. 23, 1921, ch. 134 42 Stat. 222 Mar. 31, 1933, ch. 18 48 Stat. 23 Jan. 24, 1934, ch. 4,  1 48 Stat. 319 Mar. 2, 1934, ch. 37 48 Stat. 361 Mar. 26, 1934, ch. 88 48 Stat. 467 Apr. 13, 1934, ch. 119 48 Stat. 583  1 to 5. Repealed. Aug. 27, 1935, ch. 740 49 Stat. 872   Section 1, act Oct. 28, 1919, ch. 85,  1 41 Stat. 305  Section 2, act Nov. 23, 1921, ch. 134,  3 42 Stat. 223  Section 3, act Nov. 23, 1921, ch. 134,  5 42 Stat. 223 Oct. 28, 1919  Section 4, acts Oct. 28, 1919, ch. 85 41 Stat. 307 Nov. 23, 1921, ch. 134,  1 42 Stat. 222  Section 5, act Oct. 28, 1919, ch. 85, title II,  1 41 Stat. 308 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.  11 to 40. Repealed. Aug. 27, 1935, ch. 740 49 Stat. 872   Section 11, act Oct. 28, 1919, ch. 85, title II,  2 41 Stat. 308  Section 12, act Oct. 28, 1919, ch. 85, title II,  3 41 Stat. 308  Section 13, act Oct. 28, 1919, ch. 85, title II,  4 41 Stat. 309  Section 14, act Oct. 28, 1919, ch. 85, title II,  5 41 Stat. 309  Section 15, act Nov. 23, 1921, ch. 134,  2 42 Stat. 222  Section 16, act Oct. 28, 1919, ch. 85, title II,  6 41 Stat. 310  Section 17, act Oct. 28, 1919, ch. 85, title II,  7 41 Stat. 311  Section 18, act Nov. 23, 1921, ch. 134,  2 42 Stat. 222  Section 19, act Oct. 28, 1919, ch. 85, title II,  8 41 Stat. 311  Section 20, act Nov. 23, 1921, ch. 134,  2 42 Stat. 222  Section 21, act Oct. 28, 1919, ch. 85, title II,  9 41 Stat. 311  Section 22, act Oct. 28, 1919, ch. 85, title II,  10 41 Stat. 312  Section 23, act Oct. 28, 1919, ch. 85, title II,  11 41 Stat. 312  Section 24, act Oct. 28, 1919, ch. 85, title II,  12 41 Stat. 312  Section 25, act Oct. 28, 1919, ch. 85, title II,  13 41 Stat. 312  Section 26, act Oct. 28, 1919, ch. 85, title II,  14 41 Stat. 312  Section 27, act Oct. 28, 1919, ch. 85, title II,  15 41 Stat. 313  Section 28, act Oct. 28, 1919, ch. 85, title II,  16 41 Stat. 313  Section 29, act Oct. 28, 1919, ch. 85, title II,  17 41 Stat. 313  Section 30, act Oct. 28, 1919, ch. 85, title II,  18 41 Stat. 313  Section 31, act Oct. 28, 1919, ch. 85, title II,  19 41 Stat. 313  Section 32, act Oct. 28, 1919, ch. 85, title II,  20 41 Stat. 313  Section 33, act Oct. 28, 1919, ch. 85, title II,  21 41 Stat. 314  Section 34, act Oct. 28, 1919, ch. 85, title II,  22 41 Stat. 314  Section 35, act Oct. 28, 1919, ch. 85, title II,  23 41 Stat. 314  Section 36, act Oct. 29, 1919, ch. 85, title II,  23 41 Stat. 314  Section 37, act Oct. 28, 1919, ch. 85, title II,  23 41 Stat. 314  Section 38, act Oct. 28, 1919, ch. 85, title II,  24 41 Stat. 315  Section 39, act Oct. 28, 1919, ch. 85, title II,  25 41 Stat. 315  Section 40, act Oct. 28, 1919, ch. 85, title II,  26 41 Stat. 315  40a. Repealed. June 25, 1948, ch. 645,  21 62 Stat. 862   Section, act Aug. 27, 1935, ch. 740,  204 49 Stat. 878 section 3668 of Title 18 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Sept. 1, 1948 act June 25, 1948, ch. 645,  20 62 Stat. 862  41 to 43. Repealed. Aug. 27, 1935, ch. 740 49 Stat. 880   Section 41, act Mar. 3, 1925, ch. 438,  1 43 Stat. 1116  Section 42, acts Mar. 3, 1925, ch. 438,  2 43 Stat. 1116 May 27, 1930, ch. 342 46 Stat. 430  Section 43, act Mar. 3, 1925, ch. 438,  3 43 Stat. 1116  43a, 43b. Omitted  Editorial Notes Codification Section 43a, acts May 14, 1937, ch. 180,  1 50 Stat. 145 Mar. 28, 1938, ch. 55,  1 52 Stat. 128 section 43 of this title Section 43b, acts May 6, 1939, ch. 115 53 Stat. 663 Mar. 25, 1940, ch. 71 54 Stat. 63 section 157 of this title section 3616 of Title 18  44 to 57. Repealed. Aug. 27, 1935, ch. 740 49 Stat. 872   Section 44, act Oct. 28, 1919, ch. 85, title II,  27 41 Stat. 316  Section 45, act Oct. 28, 1919, ch. 85, title II,  28 41 Stat. 316  Section 46, act Oct. 28, 1919, ch. 85, title II,  29 41 Stat. 316  Section 47, act Oct. 28, 1919, ch. 85, title II,  30 41 Stat. 317  Section 48, act Oct. 28, 1919, ch. 85, title II,  31 41 Stat. 317  Section 49, act Oct. 28, 1919, ch. 85, title II,  32 41 Stat. 317  Section 50, act Oct. 28, 1919, ch. 85, title II,  33 41 Stat. 317  Section 51, act Oct. 28, 1919, ch. 85, title II,  34 41 Stat. 317  Section 52, act Oct. 28, 1919, ch. 85, title II,  35 41 Stat. 317  Section 53, act Nov. 23, 1921, ch. 134,  5 42 Stat. 223 section 52 of this title  Section 54, act Nov. 23, 1921, ch. 134,  5 42 Stat. 223  Section 55, act Oct. 28, 1919, ch. 85, title II,  35 41 Stat. 317  Section 56, act Nov. 23, 1921, ch. 134,  2 42 Stat. 22  Section 57, act Oct. 28, 1919, ch. 85, title II,  37 41 Stat. 318  58 to 60. Repealed. Mar. 22, 1933, ch. 4,  2 48 Stat. 17   Section 58, act Oct. 28, 1919, ch. 85, title II,  37 41 Stat. 318  Section 59, act Oct. 28, 1919, ch. 85, title II,  37 41 Stat. 318  Section 60, act Oct. 28, 1919, ch. 85, title II,  37 41 Stat. 318  61, 62. Repealed. Aug. 27, 1935, ch. 740 49 Stat. 872   Section 61, act Oct. 28, 1919, ch. 85, title II,  38 41 Stat. 319  Section 62, act Oct. 28, 1919, ch. 85, title II,  39 41 Stat. 319  63. Repealed. June 19, 1934, ch. 657,  3 48 Stat. 1116   Section, acts Oct. 28, 1919, ch. 85 41 Stat. 322 July 5, 1932, ch. 428 47 Stat. 579  63a to 63d. Transferred  Editorial Notes Codification Sections 63a to 63d, act June 19, 1934, ch. 657 48 Stat. 1116 act Aug. 10, 1949, ch. 415,  9(d) 63 Stat. 597 Section 63a, act June 19, 1934, ch. 657,  1 48 Stat. 1116 section 1314b of Title 48 Section 63b, act June 19, 1934, ch. 657,  2 48 Stat. 1116 section 1314c of Title 48 Section 63c, act June 19, 1934, ch. 657,  3 48 Stat. 1116 section 1314d of Title 48 Section 63d, act June 19, 1934, ch. 657,  4 48 Stat. 1116 section 1314e of Title 48  64. Repealed. Aug. 27, 1935, ch. 740 49 Stat. 872   Section, act Oct. 28, 1919, ch. 85, title II,  36 41 Stat. 318 CHAPTER 2A BEER, ALE, PORTER, AND SIMILAR FERMENTED LIQUOR  64a to 64o. Repealed. Aug. 27, 1935, ch. 740 49 Stat. 877   Section 64a, act Mar. 22, 1933, ch. 4,  3 48 Stat. 17  Section 64b, act Mar. 22, 1933, ch. 4,  3(c) 48 Stat. 17  Section 64c, act Mar. 22, 1933, ch. 4,  4 48 Stat. 17  Section 64d, act Mar. 22, 1933, ch. 4,  4(b) 48 Stat. 18  Section 64e, act Mar. 22, 1933, ch. 4,  4(b)(2) 48 Stat. 18  Section 64f, act Mar. 22, 1933, ch. 4,  4(b)(4) 48 Stat. 18  Section 64g, act Mar. 22, 1933, ch. 4,  4(c) 48 Stat. 18  Section 64h, act Mar. 22, 1933, ch. 4,  4(d) 48 Stat. 19  Section 64i, act Mar. 22, 1933, ch. 4,  5 48 Stat. 19  Section 64j, act Mar. 22, 1933, ch. 4,  6 48 Stat. 19  Section 64k, act Mar. 22, 1933, ch. 4,  7 48 Stat. 19  Section 64 l act Mar. 22, 1933, ch. 4,  8 48 Stat. 19  Section 64m, act Mar. 22, 1933, ch. 4,  1(c) 48 Stat. 16  Section 64n, act Mar. 22, 1933, ch. 4,  9 48 Stat. 19  Section 64 o act Mar. 22, 1933, ch. 4,  10 48 Stat. 20  64p. Omitted  Editorial Notes Codification Section, act June 16, 1933, ch. 105 48 Stat. 311 CHAPTER 3 INDUSTRIAL ALCOHOL  71 to 90a. Omitted  Editorial Notes 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 Section 71, act Oct. 28, 1919, ch. 85, title III,  1 41 Stat. 319 Section 72, act Oct. 28, 1919, ch. 85, title III,  2 41 Stat. 319 Section 73, acts Oct. 28, 1919, ch. 85 41 Stat. 319 Aug. 27, 1935, ch. 740,  17 49 Stat. 876 June 26, 1936, ch. 830 49 Stat. 1957 Section 74, act Oct. 28, 1919, ch. 85, title III,  4 41 Stat. 320 Section 74a, acts Feb. 24, 1919, ch. 18 40 Stat. 1109 June 26, 1936, ch. 830 49 Stat. 1953 Section 74b, acts Feb. 24, 1919, ch. 18 40 Stat. 1106 June 26, 1936, ch. 830 49 Stat. 1946 Section 75, act Oct. 28, 1919, ch. 85, title III,  5 41 Stat. 320 Section 76, act Oct. 28, 1919, ch. 85, title III,  6 41 Stat. 320 Section 77, act Oct. 28, 1919, ch. 85, title III,  7 41 Stat. 320 Section 78, act Oct. 28, 1919, ch. 85, title III,  8 41 Stat. 320 Section 79, act Oct. 28, 1919, ch. 85, title III,  9 41 Stat. 320 Section 80, act Oct. 28, 1919, ch. 85, title III,  10 41 Stat. 320 Section 81, acts Oct. 28, 1919, ch. 85 41 Stat. 321 Aug. 27, 1935, ch. 740,  18 49 Stat. 876 June 26, 1936, ch. 830 49 Stat. 1957 Section 82, act Oct. 28, 1919, ch. 85, title III,  12 41 Stat. 321 Section 83, act Oct. 28, 1919, ch. 85, title III,  13 41 Stat. 321 Section 84, act Oct. 28, 1919, ch. 85, title III,  14 41 Stat. 321 Section 85, act Oct. 28, 1919, ch. 85, title III,  15 41 Stat. 321 Section 86, act Oct. 28, 1919, ch. 85, title III,  16 41 Stat. 322 Section 87, act Oct. 28, 1919, ch. 85, title III,  17 41 Stat. 322 Section 88, act Oct. 28, 1919, ch. 85, title III,  18 41 Stat. 322 Section 89, act Oct. 28, 1919, ch. 85, title III,  19 41 Stat. 322 Section 90, act June 26, 1936, ch. 830, title III,  329(c) 49 Stat. 1957 Section 90a, act June 26, 1936, ch. 830, title IV,  414 49 Stat. 1964 June 26, 1936 CHAPTER 4 PENALTIES  91, 92. Repealed. Aug. 27, 1935, ch. 740 49 Stat. 872   Section 91, acts Mar. 2, 1929, ch. 473,  1 45 Stat. 1446 Jan. 15, 1931, ch. 29 46 Stat. 1036 section 4 of this title  Section 92, act Mar. 2, 1929, ch. 473,  2 45 Stat. 1446 section 91 of this title CHAPTER 5 PROHIBITION REORGANIZATION ACT OF 1930  101 to 108. Repealed. Aug. 27, 1935, ch. 740 49 Stat. 872   Section 101, act May 27, 1930, ch. 342,  1 46 Stat. 427  Section 102, act May 27, 1930, ch. 342,  2 46 Stat. 427  Section 103, act May 27, 1930, ch. 342,  3 46 Stat. 428  Section 104, act May 27, 1930, ch. 342,  4 46 Stat. 428  Section 105, acts May 27, 1930, ch. 342,  5 46 Stat. 429 Mar. 31, 1933, ch. 18,  4 48 Stat. 24  Section 106, act May 27, 1930, ch. 342,  6 46 Stat. 429  Section 107, act May 27, 1930, ch. 342,  7 46 Stat. 429  Section 108, act May 27, 1930, ch. 342,  8 46 Stat. 430 CHAPTER 6 TRANSPORTATION IN INTERSTATE COMMERCE    Sec.  121. State statutes as operative on termination of transportation; original packages.  122. Shipments into States for possession or sale in violation of State law.  122a. Injunctive relief in Federal district court.  122b. General provisions.  123. Repealed.  124. Direct shipment of wine.  121. State statutes as operative on termination of transportation; original packages  All fermented, distilled, or other intoxicating liquors or liquids transported into any State or Territory or remaining therein for use, 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. ( Aug. 8, 1890, ch. 728 26 Stat. 313  Statutory Notes and Related Subsidiaries Short Title Act Aug. 8, 1890  122. Shipments into States for possession or sale in violation of State law  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. ( Aug. 27, 1935, ch. 740,  202(b) 49 Stat. 877  Editorial Notes Prior Provisions Provisions similar to those in this section were contained in the act of Mar. 1, 1913, ch. 90,  1 37 Stat. 699 Statutory Notes and Related Subsidiaries Short Title Act Mar. 1, 1913  122a. Injunctive relief in Federal district court (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 (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) 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 (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. ( Mar. 1, 1913, ch. 90,  2 Pub. L. 106386, div. C,  2004(a) Oct. 28, 2000 114 Stat. 1546  Statutory Notes and Related Subsidiaries Effective Date Pub. L. 106386, div. C,  2004(b) Oct. 28, 2000 114 Stat. 1548 This section [enacting this section and section 122b of this title Oct. 28, 2000 Impact Study Pub. L. 106386, div. C,  2004(c) Oct. 28, 2000 114 Stat. 1548 The Attorney General shall carry out the study to determine the impact of this section [enacting this section and section 122b of this title Oct. 28, 2000  122b. General provisions (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 (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 1 (2) authorize any injunction against an electronic communication service (as defined in section 2510(15) of title 18 (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. ( Mar. 1, 1913, ch. 90 Pub. L. 106386, div. C,  2004(a) Oct. 28, 2000 114 Stat. 1548  Editorial Notes  References in Text The Internet Tax Freedom Act, referred to in subsec. (a), is title XI of Pub. L. 105277, div. C Oct. 21, 1998 112 Stat. 2681719 section 151 of Title 47 This Act, referred to in subsec. (b), is act Mar. 1, 1913, ch. 90 37 Stat. 699 Statutory Notes and Related Subsidiaries Effective Date Section effective 90 days after Oct. 28, 2000 section 2004(b) of Pub. L. 106386 section 122a of this title  123. Repealed. June 25, 1936, ch. 815,  9 49 Stat. 1930   Section, acts Mar. 3, 1917, ch. 162,  5 39 Stat. 1069 Mar. 4, 1917, ch. 192 39 Stat. 1202 Feb. 24, 1919, ch. 18 40 Stat. 1151 Jan. 11, 1934, ch. 1 48 Stat. 316 section 122 of this title  124. Direct shipment of wine (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 adults 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), 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 ( Pub. L. 107273, div. C, title I,  11022 Nov. 2, 2002 116 Stat. 1829 CHAPTER 7 LIQUOR LAW REPEAL AND ENFORCEMENT ACT  151 to 167. Omitted  Editorial Notes 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 Section 151, act Aug. 27, 1935, ch. 740,  2 49 Stat. 872 Section 152, act Aug. 27, 1935, ch. 740,  3 49 Stat. 872 Section 153, act Aug. 27, 1935, ch. 740,  4 49 Stat. 872 Section 154, act Aug. 27, 1935, ch. 740,  5 49 Stat. 873 Section 155, act Aug. 27, 1935, ch. 740,  6 49 Stat. 873 Section 156, act Aug. 27, 1935, ch. 740,  7 49 Stat. 874 Section 157, act Aug. 27, 1935, ch. 740,  8 49 Stat. 874 Section 158, act Aug. 27, 1935, ch. 740,  9 49 Stat. 875 Section 159, act Aug. 27, 1935, ch. 740,  10 49 Stat. 875 Section 160, act Aug. 27, 1935, ch. 740,  11 49 Stat. 875 Section 161, act Aug. 27, 1935, ch. 740,  12 49 Stat. 875 Section 162, act Aug. 27, 1935, ch. 740,  13 49 Stat. 875 Section 163, act Aug. 27, 1935, ch. 740,  14 49 Stat. 876 Section 164, act Aug. 27, 1935, ch. 740,  2 49 Stat. 872 Section 165, act Aug. 27, 1935, ch. 740,  15 49 Stat. 876 Section 166, act Aug. 27, 1935, ch. 740,  16 49 Stat. 876 Section 167, act Aug. 27, 1935, ch. 740,  1 49 Stat. 872 CHAPTER 8 FEDERAL ALCOHOL ADMINISTRATION ACT    SUBCHAPTER IFEDERAL ALCOHOL ADMINISTRATION  Sec.  201. Short title.  202. General provisions.  202a 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 IIALCOHOLIC 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. SUBCHAPTER I FEDERAL ALCOHOL ADMINISTRATION  201. Short title  This subchapter may be cited as the Federal Alcohol Administration Act. ( Aug. 29, 1935, ch. 814 49 Stat. 977 Pub. L. 100690, title VIII,  8001(a)(1) Nov. 18, 1988 102 Stat. 4517  Editorial Notes Amendments 1988 Pub. L. 100690,  8001(b)(1) Statutory Notes and Related Subsidiaries Short Title Act Aug. 29, 1935 Nov. 18, 1988 Pub. L. 100690, title VIII,  8001(a)(3) 102 Stat. 4518 This title [enacting subchapter II of this chapter] may be cited as the Alcoholic Beverage Labeling Act of 1988.  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 section 599A(c)(1) of Title 28 Executive Documents  Transfer of Functions 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,  2, eff. June 30, 1940 54 Stat. 1232 Pub. L. 97258,  5(b) Sept. 13, 1982 96 Stat. 1068 July 1, 1972  202. General provisions (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. ( Aug. 29, 1935, ch. 814 49 Stat. 977 June 30, 1940 54 Stat. 1232 Aug. 7, 1946, ch. 770,  1(46) 60 Stat. 870 Pub. L. 100690, title VIII,  8001(a)(1) Nov. 18, 1988 102 Stat. 4517  Editorial Notes 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 section 201 of this title Amendments 1946Subsec. (i). Act Aug. 7, 1946  202a, 202b. Repealed. Pub. L. 89554,  8(a) Sept. 6, 1966 80 Stat. 649   Section 202a, act June 26, 1936, ch. 830, title V,  501 49 Stat. 1964  Section 202b, act June 26, 1936, ch. 830, title V,  502 49 Stat. 1964  202c. Omitted  Editorial Notes Codification Section, act June 26, 1936, ch. 830, title V,  503 49 Stat. 1965 section 202b of this title  203. Unlawful businesses without permit; application to State agency 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. ( Aug. 29, 1935, ch. 814 49 Stat. 978 Feb. 29, 1936, ch. 105,  1 49 Stat. 1152 June 30, 1940 54 Stat. 1232 Pub. L. 100690, title VIII,  8001(a)(1) Nov. 18, 1988 102 Stat. 4517  Editorial Notes 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. Amendments 1988 Pub. L. 100690,  8001(b)(2) 1936Subsec. (c). Act Feb. 29, 1936 March 1, 1936 July 1, 1936 Executive Documents  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  204. Permits (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 (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 section 206 of this title (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 (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 section 1254 of title 28 (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. ( Aug. 29, 1935, ch. 814 49 Stat. 978 June 30, 1940 54 Stat. 1232 June 25, 1948, ch. 646,  32(a) 62 Stat. 991 May 24, 1949, ch. 139,  127 63 Stat. 107 Pub. L. 85791,  14 Aug. 28, 1958 72 Stat. 946 Pub. L. 100690, title VIII,  8001(a)(1) Nov. 18, 1988 102 Stat. 4517  Editorial Notes Codification In subsec. (h) of this section,  section 1254 of title 28 act June 25, 1948, ch. 646 62 Stat. 869 Amendments 1988Subsec. (c). Pub. L. 100690,  8001(b)(2) Subsec. (d). Pub. L. 100690,  8001(b)(3) 1958Subsec. (h). Pub. L. 85791 section 2112 of title 28 Statutory Notes and Related Subsidiaries  Change of Name Court of appeals was substituted for circuit court of appeals pursuant to act June 25, 1948 May 24, 1949 Applicability of Administrative Procedure Act Pub. L. 85791,  35 Aug. 28, 1958 72 Stat. 951 This Act shall not be construed to repeal or modify any provision of the Administrative Procedure Act [see Short Title note preceding section 551 of Title 5 Executive Documents  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  205. Unfair competition and unlawful practices It shall be unlawful for any person engaged in business as a distiller, brewer, rectifier, blender, or other producer, or as an importer or wholesaler, of distilled spirits, wine, or malt beverages, or as a bottler, or warehouseman and bottler, of distilled spirits, directly or indirectly or through an affiliate: (a) Exclusive outlet To require, by agreement or otherwise, that any retailer engaged in the sale of distilled spirits, wine, or malt beverages, purchase any such products from such person to the exclusion in whole or in part of distilled spirits, wine, or malt beverages sold or offered for sale by other persons in interstate or foreign commerce, if such requirement is made in the course of interstate or foreign commerce, or if such person engages in such practice to such an extent as substantially to restrain or prevent transactions in interstate or foreign commerce in any such products, or if the direct effect of such requirement is to prevent, deter, hinder, or restrict other persons from selling or offering for sale any such products to such retailer in interstate or foreign commerce; or (b) Tied house To induce through any of the following means, any retailer, engaged in the sale of distilled spirits, wine, or malt beverages, to purchase any such products from such person to the exclusion in whole or in part of distilled spirits, wine, or malt beverages sold or offered for sale by other persons in interstate or foreign commerce, if such inducement is made in the course of interstate or foreign commerce, or if such person engages in the practice of using such means, or any of them, to such an extent as substantially to restrain or prevent transactions in interstate or foreign commerce in any such products, or if the direct effect of such 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 beveragesif 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 (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 competitors 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 August 29, 1935 Provided further 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 December 15, 1936 Provided (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 competitors 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 The provisions of subsections (a), (b), and (c) 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) 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) 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. ( Aug. 29, 1935, ch. 814 49 Stat. 981 Feb. 29, 1936, ch. 105,  2 49 Stat. 1152 June 25, 1936, ch. 804 49 Stat. 1921 June 26, 1936, ch. 830 49 Stat. 1965 June 30, 1940 54 Stat. 1232 Apr. 20, 1942, ch. 244,  1(h) 56 Stat. 219 June 25, 1948, ch. 646,  32(b) 62 Stat. 991 May 24, 1949, ch. 139,  127 63 Stat. 107 Pub. L. 100690, title VIII,  8001(a)(1) Nov. 18, 1988 102 Stat. 4517 Pub. L. 106113, div. B,  1000(a)(9) [title IV,  4732(b)(13)] Nov. 29, 1999 113 Stat. 1536  Editorial Notes 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 June 25, 1948 May 24, 1949 section 132(a) of Title 28 section 88 of Title 28 An amendment to the second proviso of subsec. (e) of this title was contained in act June 26, 1936, ch. 830, title V,  506 49 Stat. 1965 section 202b of this title section 202b of this title Pub. L. 89554,  8(a) Sept. 6, 1966 80 Stat. 649 Constitutionality For information regarding the constitutionality of certain provisions of this section, see the Table of Laws Held Unconstitutional in Whole or in Part by the Supreme Court on the Constitution Annotated website, constitution.congress.gov. Amendments 1999Subsec. (e). Pub. L. 106113 1988Subsec. (e). Pub. L. 100690,  8001(b)(2) August 29, 1935 1942Subsec. (f)(2). Act Apr. 20, 1942 1936Subsec. (e). Act Feb. 29, 1936 August 15, 1936 December 15, 1936 March 1, 1936 Subsec. (e). Act June 26, 1936 Statutory Notes and Related Subsidiaries Effective Date of 1999 Amendment Amendment by Pub. L. 106113 Nov. 29, 1999 Pub. L. 106113 section 1 of Title 35 Executive Documents  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  206. Bulk sales and bottling (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. ( Aug. 29, 1935, ch. 814 49 Stat. 985 June 30, 1940 54 Stat. 1232 Pub. L. 100690, title VIII,  8001(a)(1) Nov. 18, 1988 102 Stat. 4517  Executive Documents  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  207. Penalties; jurisdiction; compromise of liability  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. ( Aug. 29, 1935, ch. 814 49 Stat. 985 June 25, 1936, ch. 804 49 Stat. 1921 June 30, 1940 54 Stat. 1232 June 30, 1940 54 Stat. 1234 June 25, 1948, ch. 646,  32(b) 62 Stat. 991 May 24, 1949, ch. 139,  127 63 Stat. 107 Pub. L. 100690, title VIII,  8001(a)(1) Nov. 18, 1988 102 Stat. 4517  Editorial Notes Codification As originally enacted this section contained a reference to the Supreme Court of the District of Columbia. Act June 25, 1936 June 25, 1948 May 24, 1949 section 132(a) of Title 28 section 88 of Title 28 Amendments 1988 Pub. L. 100690,  8001(b)(2) Pub. L. 100690,  8001(b)(4) Executive Documents  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 section 201 of this title  208. Interlocking directorates (a) Offenses Except as provided in subsection (b), it shall be unlawful for any individual to take office, after August 29, 1935 (b) Conditions of lawfully taking office An individual may, without regard to the provisions of subsection (a), 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 (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 (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. ( Aug. 29, 1935, ch. 814 49 Stat. 986 June 25, 1936, ch. 804 49 Stat. 1921 June 30, 1940 54 Stat. 1232 June 25, 1948, ch. 646,  32(b) 62 Stat. 991 May 24, 1949, ch. 139,  127 63 Stat. 107 Pub. L. 100690, title VIII,  8001(a)(1) Nov. 18, 1988 102 Stat. 4517  Editorial Notes 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 June 25, 1948 May 24, 1949 section 132(a) of Title 28 section 88 of Title 28 Amendments 1988Subsecs. (a), (b)(1), (3), (4). Pub. L. 100690,  8001(b)(2) August 29, 1935 Executive Documents  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  209, 210. Omitted  Editorial Notes Codification Section 209, acts Aug. 29, 1935, ch. 814 49 Stat. 987 June 26, 1936, ch. 830 49 Stat. 1966 Nov. 18, 1988 Pub. L. 100690, title VIII,  8001(a)(1) 102 Stat. 4517 section 5688 of Title 26 Section 210, act Aug. 29, 1935, ch. 814, title I,  110 49 Stat. 987 Nov. 18, 1988 Pub. L. 100690, title VIII,  8001(a)(1) 102 Stat. 4517 Dec. 4, 1933 Jan. 25, 1934 Apr. 19, 1934 June 30, 1934 Aug. 21, 1934 section 702 of Title 15  211. Miscellaneous provisions (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, of 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. ( Aug. 29, 1935, ch. 814 49 Stat. 989 June 30, 1940 54 Stat. 1232 Pub. L. 100690, title VIII,  8001(a)(1) Nov. 18, 1988 102 Stat. 4517  Editorial Notes  References in Text The Revenue Act of 1918, referred to in subsec. (a)(6), is act Feb. 24, 1919, ch. 18 40 Stat. 1057 Codification As originally enacted subsection (a)(1) of this section defined the term Administrator whose appointment was authorized under section 202 of this title section 201 of this title Amendments 1988 Pub. L. 100690,  8001(b)(2) Executive Documents Admission of Alaska and Hawaii to Statehood Alaska was admitted into the Union on Jan. 3, 1959 Jan. 3, 1959 Aug. 21, 1959 Aug. 21, 1959 Pub. L. 85508 July 7, 1958 72 Stat. 339 section 21 of Title 48 Pub. L. 863 Mar. 18, 1959 73 Stat. 4 section 491 of Title 48  212. Omitted  Editorial Notes Codification Section, act June 26, 1936, ch. 830, title V,  504 49 Stat. 1965 section 202 of this title section 202b of this title section 202b of this title SUBCHAPTER II ALCOHOLIC BEVERAGE LABELING  213. Declaration of policy and purpose The Congress finds that the American public should be informed about the health hazards that may result from the consumption or abuse of alcoholic beverages, and has determined that it would be beneficial to provide a clear, 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 Nations population. It is therefore the policy of the Congress, and the purpose of this subchapter, to exercise the full reach of the Federal Governments 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. ( Aug. 29, 1935, ch. 814 Pub. L. 100690, title VIII,  8001(a)(3) Nov. 18, 1988 102 Stat. 4518  Statutory Notes and Related Subsidiaries Effective Date Act Aug. 29, 1935, ch. 814, title II,  210 Nov. 18, 1988 Pub. L. 100690, title VIII,  8001(a)(3) 102 Stat. 4521 Except as provided in section 204(a) [ 27 U.S.C. 215(a) Nov. 18, 1988 Short Title For short title of title II of act Aug. 29, 1935 Aug. 29, 1935 section 201 of this title  214. Definitions As used in this subchapter (1) The term alcoholic beverage includes any beverage in liquid form which contains not less than one-half of one percent of alcohol by volume and is intended for human 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 1 (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. ( Aug. 29, 1935, ch. 814 Pub. L. 100690, title VIII,  8001(a)(3) Nov. 18, 1988 102 Stat. 4518  215. Labeling requirement (a) Statement required on container On and after the expiration of the 12-month period following November 18, 1988 GOVERNMENT WARNING: (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 (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. ( Aug. 29, 1935, ch. 814 Pub. L. 100690, title VIII,  8001(a)(3) Nov. 18, 1988 102 Stat. 4519  Editorial Notes  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.  216. Preemption  No statement relating to alcoholic beverages and health, other than the statement required by section 215 of this title ( Aug. 29, 1935, ch. 814 Pub. L. 100690, title VIII,  8001(a)(3) Nov. 18, 1988 102 Stat. 4520  217. Report to Congress  If, after appropriate investigation and consultation with the Surgeon General carried out after the expiration of the 24-month period following November 18, 1988 section 215(a) of this title ( Aug. 29, 1935, ch. 814 Pub. L. 100690, title VIII,  8001(a)(3) Nov. 18, 1988 102 Stat. 4520  218. Civil penalties  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. ( Aug. 29, 1935, ch. 814 Pub. L. 100690, title VIII,  8001(a)(3) Nov. 18, 1988 102 Stat. 4520  219. Injunction proceedings; compromise of liability (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. ( Aug. 29, 1935, ch. 814 Pub. L. 100690, title VIII,  8001(a)(3) Nov. 18, 1988 102 Stat. 4520  219a. Severability  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. ( Aug. 29, 1935, ch. 814 Pub. L. 100690, title VIII,  8001(a)(3) Nov. 18, 1988 102 Stat. 4521 CHAPTER 9 LIQUOR ENFORCEMENT ACT OF 1936  221 to 228. Repealed. June 25, 1948, ch. 645,  21 62 Stat. 862   Section 221, act June 25, 1936, ch. 815,  1 49 Stat. 1928  Section 222, act June 25, 1936, ch. 815,  2 49 Stat. 1928  Section 223, act June 25, 1936, ch. 815,  3 49 Stat. 1928 section 1262 of Title 18  Section 224, act June 25, 1936, ch. 815,  4 49 Stat. 1928 section 3615 of Title 18  Section 225, act June 25, 1936, ch. 815,  5 49 Stat. 1929 section 1261 of Title 18  Section 226, act June 25, 1936, ch. 815,  10 49 Stat. 1929  Section 227, act June 25, 1936, ch. 815,  11 49 Stat. 1930  Section 228, act June 25, 1936, ch. 815,  12 49 Stat. 1930 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal of sections 221 to 228 effective Sept. 1, 1948 act June 25, 1948, ch. 645,  20 62 Stat. 862