26 U.S.C. § 5171 — Establishment

(a) Certain operations only on bonded premises. Unless another law provides otherwise, a person qualified under this subchapter may conduct operations as a distiller^*, warehouseman, or processor^* only on the bonded premises of a distilled spirits plant^*.

(b) Establishing a distilled spirits^* plant. A person may establish a distilled spirits^* plant only if the person intends to operate there as a distiller, as a warehouseman, or as both.

(c) Registration. (1) In general. Before starting operations at a distilled spirits plant, and at other times the Secretary^* prescribes by regulation, each person must apply to the Secretary for registration of the plant and receive notice of that registration. (2) New operations. A person may not conduct an operation not listed in the application under paragraph (1) until applying to the Secretary for registration of the additional operation and receiving notice of that registration. (3) Minimum capacity and activity. By regulation, the Secretary may set minimum capacity and activity requirements for each type of operation at premises qualifying as a distilled spirits plant. (4) Compliance required. The Secretary may not register a plant or additional operation until the applicant has complied with the legal and regulatory requirements for qualifying that plant or operation.

(d) Permits. (1) Requirements. A person who must apply for registration under subsection (c), but whose distilled-spirits operations, or part of them, do not have to be covered by a basic permit under the Federal Alcohol Administration Act (27 U.S.C. §§ 203 and 204), must apply for and obtain a Secretary-issued permit before starting the uncovered operations or part. Subsections (b) through (h) of section 5271 apply to people filing applications and to permits required or issued under this subsection. (2) State agencies. Paragraph (1) does not apply to a State agency or an agency of a political subdivision of a State, or to an officer or employee^* of such an agency. None of them must obtain a permit under paragraph (1).

(e) Cross references. (1) The penalty for a distiller or processor who fails to file the required registration application is in section 5601(a)(2). (2) The penalty for a distiller, warehouseman, or distilled-spirits processor who files a false application is in section 5601(a)(3).