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27 U.S.C. § 211Miscellaneous provisions

submitted 91 years ago by ch. 814 to r/title-27-INTOXICATING-LIQUORS · 524 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law defines key terms for federal alcohol regulation and preserves Congress's power over it. It defines 'United States,' 'interstate commerce,' 'person,' 'affiliate,' 'distilled spirits,' 'wine,' 'malt beverage,' and 'bottle.' Congress reserves the right to change or repeal these rules, and if one part is struck down, the rest stays valid.

(a) Definitions. As used in this subchapter: (1) "United States" means the several states, territories, and the District of Columbia; "State" includes a territory and the District of Columbia; "Territory" means Alaska, Hawaii, and Puerto Rico. (2) "Interstate or foreign commerce" means commerce between any state and anywhere outside it, commerce within a territory or the District of Columbia, or commerce between two points in the same state that passes through somewhere else. (3) "Person" means an individual, partnership, joint stock company, business trust, association, corporation, or other business — including a receiver, trustee, or liquidating agent, and including an officer or employee of a state agency or political subdivision; "trade buyer" means any person who is a wholesaler or retailer. (4) "Affiliate" means either of two or more persons if one of them has actual or legal control, directly or indirectly, whether by stock ownership or otherwise, of the other — or any of two or more persons under common actual or legal control that way. (5) "Distilled spirits" means ethyl alcohol, hydrated oxide of ethyl, spirits of wine, whiskey, rum, brandy, gin, and other distilled spirits, including all dilutions and mixtures of them, for non-industrial use. (6) "Wine" means wine as defined in sections 610 and 617 of the Revenue Act of 1918, as currently in force or later amended, plus other alcoholic beverages not defined there but made in the manner of wine — including sparkling and carbonated wine, wine made from condensed grape must, wine made from farm products other than the juice of sound, ripe grapes, imitation wine, compounds sold as wine, vermouth, cider, perry, and sake — but only when they contain not less than 7 percent and not more than 24 percent alcohol by volume, and are for non-industrial use. (7) "Malt beverage" means a beverage made by alcoholic fermentation of an infusion or decoction, or a combination of both, in potable brewing water, of malted barley with hops or their parts or products, with or without other malted cereals, with or without added unmalted or prepared cereals or other carbohydrates or products made from them, with or without added carbon dioxide, and with or without other wholesome products suitable for human food consumption. (8) "Bottle" means any container, whatever material it's made of, used for selling distilled spirits, wine, or malt beverages at retail. (b) Right to amend or repeal. The right to amend or repeal any provision of this subchapter is expressly reserved. (c) Separability. If a court finds any provision of this subchapter invalid, or finds it invalid as applied to a particular person or circumstance, the rest of the subchapter, and that provision as applied to other people or circumstances, remains valid and unaffected.
the actual law source: uscode.house.gov ↗public domain
(a) Definitions

As used in this subchapter—

(1)

The term “United States” means the several States and Territories and the District of Columbia; the term “State” includes a Territory and the District of Columbia; and the term “Territory” means Alaska, Hawaii, and Puerto Rico.

(2)

The term “interstate or foreign commerce” means commerce between any State and any place outside thereof, or commerce within any Territory or the District of Columbia, or between points within the same State but through any place outside thereof.

(3)

The term “person” means individual, partnership, joint stock company, business trust, association, corporation, or other form of business enterprise, including a receiver, trustee, or liquidating agent and including an officer or employee of any agency of a State or political subdivision thereof; and the term “trade buyer” means any person who is a wholesaler or retailer.

(4)

The term “affiliate” means any one of two or more persons if one of such persons has actual or legal control, directly or indirectly, whether by stock ownership or otherwise, of the other or others of such persons; and any one of two or more persons subject to common control, actual or legal, directly or indirectly, whether by stock ownership or otherwise.

(5)

The term “distilled spirits” means ethyl alcohol, hydrated oxide of ethyl, spirits of wine, whiskey, rum, brandy, gin, and other distilled spirits, including all dilutions and mixtures thereof, for non-industrial use.

(6)

The term “wine” means (1) wine as defined in section 610 and section 617 of the Revenue Act of 1918 as now in force or hereafter amended, and (2) other alcoholic beverages not so defined, but made in the manner of wine, including sparkling and carbonated wine, wine made from condensed grape must, wine made from other agricultural products than the juice of sound, ripe grapes, imitation wine, compounds sold as wine, vermouth, cider, perry and sake; in each instance only if containing not less than 7 per centum and not more than 24 per centum of alcohol by volume, and if for non-industrial use.

(7)

The term “malt beverage” means a beverage made by the alcoholic fermentation of an infusion or decoction, or combination of both, in potable brewing water, of malted barley with hops, or their parts, or their products, and with or without other malted cereals, and with or without the addition of unmalted or prepared cereals, other carbohydrates or products prepared therefrom, and with or without the addition of carbon dioxide, and with or without other wholesome products suitable for human food consumption.

(8)

The term “bottle” means any container, irrespective of the material from which made, for use for the sale of distilled spirits, wine, or malt beverages at retail.

(b) Right to amend or repeal

The right to amend or repeal the provisions of this subchapter is expressly reserved.

(c) Separability

If any provision of this subchapter, or the application of such provision to any person or circumstance, is held invalid, the remainder of the chapter and the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.

Source credit: (Aug. 29, 1935, ch. 814, title I, § 117, formerly § 17, 49 Stat. 989; 1940 Reorg. Plan No. III, § 2, eff. June 30, 1940, 5 F.R. 2108, 54 Stat. 1232; renumbered title I, § 117, and amended Pub. L. 100–690, title VIII, § 8001(a)(1), (2), (b)(2), Nov. 18, 1988, 102 Stat. 4517, 4521.)

history & why it existsrecord from the source credit
  • 1935Enacted · Act of Aug. 29, 1935, ch. 814 · 49 Stat. 989
  • 1988Amended · Pub. L. 100-690 · 102 Stat. 4517, 4521

A history note hasn’t been published yet. The record shows enactment by ch. 814 on 1935-08-29.

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