26 U.S.C. § 5223 — Redistillation of spirits, articles, and residues
submitted 68 years ago by Pub. L. 85-859 to r/title-26-INTERNAL-REVENUE-CODE · 323 words · no verdicts yet
This section addresses Redistillation of spirits, articles, and residues. It sets out the rules, permissions, duties, definitions, and exceptions stated in the section.
(a) Spirits* on bonded premises The proprietor of a distilled spirits plant* authorized to produce distilled spirits* may, under that regulations as the Secretary* must prescribe, redistill any distilled spirits which have not been withdrawn from bonded premises.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 of tax or without payment of tax may, under that regulations as the Secretary may prescribe, be returned for redistillation to the bonded premises of a distilled spirits plant authorized to produce distilled spirits.
(c) Redistillation of articles and residues Articles, containing denatured distilled spirits, which were manufactured under the provisions of subchapter D or on the bonded premises of a distilled spirits plant, and the spirits residues of manufacturing processes related thereto, may be received, and the distilled spirits in it recovered by redistillation, on the bonded premises of a distilled spirits plant authorized to produce distilled spirits, under that regulations as the Secretary may prescribe.
(d) Denatured distilled spirits, articles, and residues Distilled spirits recovered by the redistillation of denatured distilled spirits, or by the redistillation of the articles or residues described in subsection (c), may not be withdrawn from bonded premises except for industrial use or after denaturation of it in the manner prescribed by law.
(e) Products of redistillation All distilled spirits redistilled on bonded premises after production gauge must be treated the same as if that spirits had been originally produced by the redistiller and all provisions of this chapter applicable to the original production of distilled spirits must be applicable thereto. Any prior obligation as to taxes, liens, and bonds about that distilled spirits must be extinguished on redistillation. Nothing in this subsection must be construed as affecting any provision of law relating to the labeling of distilled spirits or as limiting the authority of the Secretary to regulate the marking, branding, or identification of distilled spirits redistilled under this section.
The proprietor of a distilled spirits plant* authorized to produce distilled spirits* may, under such regulations as the Secretary* shall prescribe, redistill any distilled spirits which have not been withdrawn from bonded premises.
Distilled spirits which have been lawfully removed from bonded premises free of tax or without payment of tax may, under such regulations as the Secretary may prescribe, be returned for redistillation to the bonded premises of a distilled spirits plant authorized to produce distilled spirits.
Articles, containing denatured distilled spirits, which were manufactured under the provisions of subchapter D or on the bonded premises of a distilled spirits plant, and the spirits residues of manufacturing processes related thereto, may be received, and the distilled spirits therein recovered by redistillation, on the bonded premises of a distilled spirits plant authorized to produce distilled spirits, under such regulations as the Secretary may prescribe.
Distilled spirits recovered by the redistillation of denatured distilled spirits, or by the redistillation of the articles or residues described in subsection (c), may not be withdrawn from bonded premises except for industrial use or after denaturation thereof in the manner prescribed by law.
All distilled spirits redistilled on bonded premises subsequent to production gauge shall be treated the same as if such spirits had been originally produced by the redistiller and all provisions of this chapter applicable to the original production of distilled spirits shall be applicable thereto. Any prior obligation as to taxes, liens, and bonds with respect to such distilled spirits shall be extinguished on redistillation. Nothing in this subsection shall be construed as affecting any provision of law relating to the labeling of distilled spirits or as limiting the authority of the Secretary to regulate the marking, branding, or identification of distilled spirits redistilled under this section.
Source credit: (Added Pub. L. 85–859, title II, § 201, Sept. 2, 1958, 72 Stat. 1365; amended Pub. L. 89–44, title VIII, § 805(d), (f)(8), (10), June 21, 1965, 79 Stat. 161, 162; Pub. L. 94–455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 96–39, title VIII, § 807(a)(31), July 26, 1979, 93 Stat. 286.)
- 1958Enacted · Pub. L. 85-859 · 72 Stat. 1365
- 1965Amended · Pub. L. 89-44 · 79 Stat. 161, 162
- 1976Amended · Pub. L. 94-455 · 90 Stat. 1834
- 1979Amended · Pub. L. 96-39 · 93 Stat. 286
A history note hasn’t been published yet. The record shows enactment by Pub. L. 85-859 on 1958-09-02.
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