Internal Revenue Code:Sec. 5201. Regulation of operations
From TaxAlmanac, A Free Online Resource
Note: You are using this website at your own risk, subject to our Disclaimer and Website Use and Contribution Terms.
From TaxAlmanac
Contents |
Location in Internal Revenue Code
TITLE 26 - INTERNAL REVENUE CODE
Subtitle E - Alcohol, Tobacco, and Certain Other Excise Taxes
CHAPTER 51 - DISTILLED SPIRITS, WINES, AND BEER
Subchapter C - Operation of Distilled Spirits Plants
PART I - GENERAL PROVISIONS
Statute
Sec. 5201. Regulation of operations
(a) General
Proprietors of distilled spirits plants shall conduct all
operations authorized to be conducted on the premises of such
plants under such regulations as the Secretary shall prescribe.
(b) Distilled spirits for industrial uses
The regulations of the Secretary under this chapter respecting
the production, warehousing, denaturing, distribution, sale,
export, and use of distilled spirits for industrial purposes shall
be such as he deems necessary, advisable, or proper to secure the
revenue, to prevent diversion to illegal uses, and to place the
distilled spirits industry and other industries using such
distilled spirits as a chemical raw material or for other lawful
industrial purposes on the highest possible plane of scientific and
commercial efficiency and development consistent with the
provisions of this chapter. Where nonpotable chemical mixtures
containing distilled spirits are produced for transfer to the
bonded premises of a distilled spirits plant for completion of
processing, the Secretary may waive any provision of this chapter
with respect to the production of such mixtures, and the processing
of such mixtures on the bonded premises shall be deemed to be
production of distilled spirits for purposes of this chapter.
(c) Hours of operations
The Secretary may prescribe regulations relating to hours for
distillery operations and to hours for removal of distilled spirits
from distilled spirits plants; however, such regulations shall not
be more restrictive, as to any operation or function, that the
provisions of internal revenue law and regulations relating to such
operation or function in effect on the day preceding the effective
date of this section.
(d) Identification of distilled spirits
The Secretary may provide by regulations for the addition of
tracer elements to distilled spirits to facilitate the enforcement
of this chapter. Tracer elements to be added to distilled spirits
at any distilled spirits plant under provisions of this subsection
shall be of such character and in such quantity as the Secretary
may authorize or require, and such as will not impair the quality
of the distilled spirits for their intended use.
Sources
(Added Pub. L. 85-859, title II, Sec. 201, Sept. 2, 1958, 72 Stat.
1357; amended Pub. L. 94-455, title XIX, Sec. 1906(b)(13)(A), Oct.
4, 1976, 90 Stat. 1834; Pub. L. 96-39, title VIII, Sec. 807(a)(21),
July 26, 1979, 93 Stat. 283.)
Miscellaneous
PRIOR PROVISIONS
Provisions similar to those comprising subsecs. (a) to (c) 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 subsecs.: Prior sections
---------------------------------------------------------------------
(a) 5193(a), 5194(g), 5241(a), 5281,
5282(a), 5302, 5305-5307,
5319(6).
(b) 5305.
(c) 5195, 5215, 5306.
-------------------------------
The prior sections, act Aug. 16, 1954, ch. 736, are set out in
68A Stat. 633, 636, 640, 644, 651, 654, 657, 661.
AMENDMENTS
1979 - Subsec. (a). Pub. L. 96-39 substituted ''all operations
authorized to be conducted'' for ''their operations relating to the
production, storage, denaturing, rectification and bottling of
distilled spirits, and all other operations authorized to be
conducted''.
1976 - Subsecs. (a) to (d). Pub. L. 94-455 struck out ''or his
delegate'' after ''Secretary'' wherever appearing.
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
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.


