PRIA, Government Policy, Made Personal

Summary

It is illegal to sell, offer, or give away distilled spirits in large containers, or to import them for sale or use, except for export or when the buyer is one of the allowed parties under Treasury rules: a distiller, a rectifier, certain bonded warehouses, a winemaker who fortifies wines, an industrial alcohol plant owner, or a U.S. or state government agency. You also may not sell warehouse receipts for bulk spirits unless the receipt forces the warehouse to bottle and label the spirits before delivery or limits delivery to those same lawful buyers. Only those lawful buyers may do the bottling. A person who breaks these rules can be fined up to $5,000, jailed for up to 1 year, or both, and must forfeit the spirits and their containers to the United States. "In bulk" means containers larger than one wine gallon.

Title 27, §206

Intoxicating Liquors, Source: USLM XML via OLRC

(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.

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.

§206 Bulk Sales and Bottling

Summary

Title 27, §206

Notes & Related Subsidiaries

Executive Documents

Transfer of Functions

Citations & Metadata