Source
(Added Pub. L. 85–859, title II, § 201, Sept. 2, 1958, 72 Stat. 1398; amended Pub. L. 94–455, title XIX, §§ 1905(a)(22),
1906
(b)(13)(A), Oct. 4, 1976, 90 Stat. 1820, 1834; Pub. L. 96–39, title VIII, § 807(a)(52), July 26, 1979, 93 Stat. 288; Pub. L. 96–223, title II, § 232(e)(2)(A), Apr. 2, 1980, 94 Stat. 280.)
Prior Provisions
A prior section
5601, act Aug. 16, 1954, ch. 736, 68A Stat. 683, consisted of provisions similar to those comprising subsec. (a)(1) of this section, and also related to forfeiture for possession of unregistered still or distilling apparatus, prior to the general revision of this chapter by
Pub. L. 85–859. See section
5615
(1) of this title.
Provisions similar to those comprising subsecs. (a)(2) to (8), (9)(A), (10) to (14) of this section were contained in prior sections of act Aug. 16, 1954, prior to the general revision of this chapter by
Pub. L. 85–859, as follows:
| Present subd. of subsec. (a): |
Prior sections |
| (2) | 5172, 5603. |
| (3) | 5603. |
| (4) | 5172, 5604, 5606. |
| (5) | 5604. |
| (6) | 5171, 5607. |
| (7) | 5216(a)(1), (4), 5608(a). |
| (8) | 5216(a)(1), 5608(a). |
| (9) | 5216(a)(1), 5608(a). |
| (10) | 5628, 5629. |
| (11) | 5629. |
| (12) | 5608(a), 5631, 5632, 5643, 5647. |
| (13) | 5634. |
| (14) | 5650. |
The prior sections, act Aug. 16, 1954, ch. 736, are set out in 68A Stat. 627, 640, 641, 684, 685, 689, 690, 692, 693, 695.
Amendments
1980—Subsec. (a)(15).
Pub. L. 96–223 added par. (15).
1979—Subsec. (a)(2).
Pub. L. 96–39, § 807(a)(52)(A), struck out “distiller or rectifier” in heading and substituted “processor” for “rectifier” and “section
5171
(c)” for “section
5171
(a)” in text.
Subsec. (a)(3).
Pub. L. 96–39, § 807(a)(52)(B), substituted “warehouseman, or processor” for “bonded warehouseman, rectifier, or bottler”.
Subsec. (a)(4).
Pub. L. 96–39, § 807(a)(52)(C), substituted “warehouseman, or processor” for “or rectifier” in heading and in text.
Subsec. (a)(5).
Pub. L. 96–39, § 807(a)(52)(B), substituted “warehouseman, or processor” for “bonded warehouseman, rectifier, or bottler”.
Subsec. (a)(10).
Pub. L. 96–39, § 807(a)(52)(D), substituted “processing” for “rectifying or bottling” in par. (10) heading, “processor” for “rectifier, or a bottler of distilled spirits” in text preceding subpar. (A), and “processed” for “rectified or bottled” in subpar. (A).
Subsec. (a)(11).
Pub. L. 96–39, § 807(a)(52)(E), substituted “or processing” for “rectification, or bottling” in heading and “or processes” for “rectifies, or bottles” in text.
Subsec. (b).
Pub. L. 96–39, § 807(a)(52)(F), substituted “processor” for “rectifier”.
1976—Subsec. (a)(7).
Pub. L. 94–455, § 1906(b)(13)(A), struck out “or his delegate” after “Secretary”.
Subsec. (b).
Pub. L. 94–455, § 1905(a)(22), struck out par. (1) relating to presumptions in the matter of unregistered stills, par. (3) relating to presumptions in the matter of unlawful production, removal, or use of material fit for production of distilled spirits, and par. (4) relating to presumptions in the matter of unlawful production of distilled spirits, and struck out the number designation “(2)” and heading for former par. (2), leaving only the text for former par. (2) relating to presumptions in the matter of failure or refusal of distiller or rectifier to give bond.
Effective Date of 1980 Amendment
Amendment by
Pub. L. 96–223 effective on first day of first calendar month beginning more than 60 days after Apr. 2, 1980, see section 232(h)(3) of
Pub. L. 96–223, set out as an Effective Date note under section
5181 of this title.
Effective Date of 1979 Amendment
Amendment by
Pub. L. 96–39 effective Jan. 1, 1980, see section 810 of
Pub. L. 96–39, set out as a note under section
5001 of this title.
Effective Date of 1976 Amendment
Amendment by
Pub. L. 94–455 effective on first day of first month which begins more than 90 days after Oct. 4, 1976, see section 1905(d) of
Pub. L. 94–455, set out as a note under section
5005 of this title.
Effective Date
Section effective July 1, 1959, see section 210(a)(1) of
Pub. L. 85–859, set out as a note under section
5001 of this title.
Prosecution and Punishment of Offenses Committed and Penalties or Forfeitures Incurred; Savings Provision
Section 210(c) of title II of
Pub. L. 85–859 provided that: “All offenses committed, and all penalties or forfeitures incurred, under any provision of law amended by this title [enacting sections
5849,
5854,
5855 and
7608 of this title, amending this chapter, chapter
52 of this title and sections
5801,
5811,
5814,
7272,
7301,
7224 to
7326,
7609,
7652 and
7655 of this title, and enacting notes set out under this section and sections
5001,
5006,
5025,
5064,
5175, and
5304 of this title], may be prosecuted and punished in the same manner and with the same effect as if this title had not been enacted.”