(1)No mash, wort, or wash fit for distillation or for the production of distilled spirits shall be made or fermented in any building or on any premises other than on the bonded premises of a distilled spirits plant duly authorized to produce distilled spirits according to law; and no mash, wort, or wash so made or fermented shall be removed from any such premises before being distilled, except as authorized by the Secretary; and no person other than an authorized distiller shall, by distillation or any other process, produce distilled spirits from any mash, wort, wash, or other material.
(2)Nothing in this subsection shall be construed to apply to—
(A)authorized operations performed on the premises of vinegar plants established under part I of subchapter H;
(B)authorized production and removal of fermented materials produced on authorized brewery or bonded wine cellar premises as provided by law;
(C)products exempt from tax under the provisions of section
(D)fermented materials used in the manufacture of vinegar by fermentation.
Under such regulations as the Secretary may prescribe, fermented materials to be used in the production of distilled spirits may be received on the bonded premises of a distilled spirits plant authorized to produce distilled spirits as follows—
(1)from the premises of a bonded wine cellar authorized to remove such material by section
(2)beer conveyed without payment of tax from brewery premises, beer which has been lawfully removed from brewery premises upon determination of tax, or
(3)cider exempt from tax under the provisions of section
(c) Processing of distilled spirits containing extraneous substances
The Secretary may by regulations provide for the removal from the distilling system, and the addition to the fermented or unfermented distilling material, of distilled spirits containing substantial quantities of fusel oil or aldehydes, or other extraneous substances.
For penalty and forfeiture for unlawful production, removal, or use of material fit for distillation or for the production of distilled spirits, and for penalty and forfeiture for unlawful production of distilled spirits, see sections
Provisions similar to those comprising subsecs. (a)(1), (2)(D), (b), and (d) 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:
5309, 5362(7), 5412.
The prior sections, act Aug. 16, 1954, ch. 736, are set out in 68A Stat. 640, 641, 658, 665, 675.
1997—Subsec. (b)(2). Pub. L. 105–34amended par. (2) generally. Prior to amendment, par. (2) read as follows: “conveyed without payment of tax from contiguous brewery premises where produced; or”.
1979—Subsec. (c). Pub. L. 96–39struck out “, in the production facilities of a distilled spirits plant” after “distilling material”.
1976—Subsecs. (a)(1), (b), (c). Pub. L. 94–455, § 1906(b)(13)(A), struck out “or his delegate” after “Secretary”.
Subsec. (d). Pub. L. 94–455, § 1905(b)(6)(D), struck out “5601(b)(3), 5601(b)(4),” after “5601(a)(8),”.
Effective Date of 1997 Amendment
Amendment by Pub. L. 105–34effective on the 1st day of the 1st calendar quarter that begins at least 180 days after Aug. 5, 1997, see section 1414(d) ofPub. L. 105–34, set out as a note under section
5053 of this title.
Amendment by Pub. L. 95–458effective on first day of first calendar month beginning more than 90 days after Oct. 14, 1978, see section 2(c) ofPub. L. 95–458, set out as a note under section
5042 of this title.
Effective Date of 1976 Amendment
Amendment by section 1905(b)(6)(D) ofPub. L. 94–455effective on first day of first month which begins more than 90 days after Oct. 4, 1976, see section 1905(d) ofPub. L. 94–455, set out as a note under section
5005 of this title.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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Description of Change
Statutes at Large
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