Page:United States Statutes at Large Volume 72 Part 1.djvu/1407

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[72 Stat. 1365]
[72 Stat. 1365]
PUBLIC LAW 85-000—MMMM. DD, 1958

72 S T A T. ] "(b)

PUBLIC LAW 8 5 - 8 5 9 - S E P T. 2, 1958

1365

PENALTY.—

"For penalty and forfeiture for carrying on the business of distiller after having given notice of suspension, see sections 5601(a) (14) and 5615 (3). "SEC. 5222. PRODUCTION, RECEIPT, REMOVAL, AND USE OF DISTILLING MATERIALS. "(a)

PRODUCTION, REMOVAL, AND U S E. —

"(1) N O 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 or his delegate; 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; 5502.^ ^ ^ ^^^^' " (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 5042; or " (D) fermented materials used in the manufacture of vinegar by fermentation. "(b) RECEIPT.—Under such regulations as the Secretary or his delegate 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 5362(c)(6); "(2) conveyed without payment of tax from contiguous brewery premises where produced; or "(3) cider exempt from tax under the provisions of section 5042 (a)(1). "(c)

PROCESSING OF DISTILLED SPIRITS CONTAINING EXTRANEOUS

SUBSTANCES.—The Secretary or his delegate may by regulations provide for the removal from the distilling system, and the addition to the fermented or unfermented distilling material, in the production facilities of a distilled spirits plant, of distilled spirits containing substantial quantities of fusel oil or aldehydes, or other extraneous substances. "(d)

PENALTY.—

"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 5601(a)(7), 5601 (a)(8), 5601 (b)(3), 5601 (b)(4), and 5615 (4). "SEC. 5223. REDISTILLATION OF SPIRITS. "(a) SPIRITS ON BONDED PREMISES.—The proprietor of a distilled spirits plant authorized to produce distilled spirits may, under such regulations as the Secretary or his delegate shall prescribe, redistill any distilled spirits which have not been withdrawn from bonded premises. "(b)

DISTILLED SPIRITS RETURNED FOR REDISTILLATION.—Distilled

spirits which have been lawfully removed from bonded premises free