Federal Register, Volume 76 Issue 32 (Wednesday, February 16, 2011)

[Federal Register Volume 76, Number 32 (Wednesday, February 16, 2011)]
[Rules and Regulations]
[Pages 9080-9172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-1956]

[[Page 9079]]

Vol. 76

Wednesday,

No. 32

February 16, 2011

Part II

Department of the Treasury

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Alcohol and Tobacco Tax and Trade Bureau

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27 CFR Parts 1, 17, 19, et al.

Revision of Distilled Spirits Plant Regulations; Final Rule

Federal Register / Vol. 76 , No. 32 / Wednesday, February 16, 2011 /
Rules and Regulations

[[Page 9080]]

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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Parts 1, 17, 19, 24, 26, 28, 30, and 31

[Docket No. TTB-2008-0004; T.D. TTB-92; Re: ATF Notice No. 870 and TTB
Notice Nos. 83, 86, and 92]
RIN 1513-AA23

Revision of Distilled Spirits Plant Regulations

AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.

ACTION: Final rule; Treasury decision.

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SUMMARY: In this document, the Alcohol and Tobacco Tax and Trade Bureau
adopts as a final rule, with some changes, a proposed revision of its
distilled spirits plant regulations. The revision modernizes the
requirements for operating distilled spirits plants and includes a
number of organizational changes to improve the layout of the
regulatory texts. These changes make the regulations easier to apply,
thereby facilitating compliance by distilled spirits plant proprietors
and allowing those proprietors to operate in a more efficient manner.
The revision also incorporates plain language principles in order to
improve the clarity and readability of the regulatory texts.

DATES: Effective Date: This final rule is effective on April 18, 2011.

FOR FURTHER INFORMATION CONTACT: Christopher M. Thiemann, Regulations
and Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G
Street, NW., Suite 200E, Washington, DC 20220; telephone 202-453-2265.

SUPPLEMENTARY INFORMATION:

Distilled Spirits Plants in General

Distilled spirits taxation is a specialized area of Federal law.
The following background material provides basic information about how
distilled spirits plants operate and are regulated, and how taxes on
distilled spirits are collected, under Federal law.

Basic Definitions

Distilled spirits. The term ``distilled spirits'' refers to those
products that contain ethyl alcohol and are generally the result of
distillation of fermented materials. This term does not apply to wine
and beer, which generally are products of fermentation alone. Examples
of distilled spirits products are vodka, whiskey, gin, brandy,
cordials, liqueurs, and flavored brandies.
Distilled spirits plants. The term ``distilled spirits plant''
(DSP) refers to a plant at which distilled spirits are manufactured or
produced, aged or stored, or packaged or bottled, for either beverage
or industrial use.

Federal Laws and Regulatory Authority

Federal law prohibits the manufacture or production of distilled
spirits in the United States at other than a registered DSP for which a
permit has been issued by the Alcohol and Tobacco Tax and Trade Bureau
(TTB). While Federal law allows for the limited home production of wine
and beer, no such provision exists for distilled spirits.
DSPs are regulated under the provisions of two laws, the Internal
Revenue Code of 1986 (the IRC, codified as title 26 of the United
States Code (26 U.S.C.)) and the Federal Alcohol Administration Act
(the FAA Act, codified in title 27 of the United States Code (27
U.S.C.)). The IRC imposes an excise tax on distilled spirits, requires
the registration of DSPs, mandates DSP proprietors to obtain permits
not otherwise required by the FAA Act, and imposes strict controls over
the operation of DSPs. The FAA Act imposes a requirement to obtain a
basic permit and contains various consumer-protection provisions,
including provisions related to the formulation, labeling, and
advertising of alcohol beverages. The FAA Act also prohibits various
types of trade practices within the alcohol industry, including DSPs.
Both the IRC and the FAA Act authorize the Secretary of the
Treasury to prescribe regulations to carry out and enforce their
provisions regarding the establishment and operation of DSPs. Those
regulations are administered by TTB. The TTB regulations that concern
DSPs, which are the subject of this document, are contained in part 19
of title 27 of the Code of Federal Regulations (27 CFR part 19).

Major Regulatory Provisions

A DSP consists of one or more of the following: Production,
storage, processing, denaturation, and bottling facilities for beverage
and industrial use distilled spirits. A DSP may be a large and complex
plant having all of those facilities or may be a simple storage
facility consisting of only one building or a small bottling facility
with storage facilities. Production facilities are usually accompanied
by storage facilities. Bottling facilities are often accompanied by
storage facilities, and in fact must by law be accompanied by either a
production facility or a storage facility. However, large storage
facilities are often not accompanied by bottling or production
facilities.
Registration. Before commencing any of the operations discussed in
the previous paragraph, the IRC requires that the DSP proprietor must
first obtain approval of a notice of registration. This application for
registration includes documents to set up distilling apparatus,
environmental impact forms, personnel questionnaires, authorized
signatories, and a statement of security.
Permits. Under the FAA Act, all persons must file for, and obtain,
a basic permit before engaging in the business of:
Distilling spirits;
Rectifying, blending, or bottling (processing) distilled
spirits; or
Warehousing and bottling distilled spirits.
To maintain control over the industrial use of distilled spirits,
the IRC requires that an operating permit be obtained before commencing
the production, warehousing, or bottling of alcohol for industrial use.
Specifically, a permit is required for:
Distilling of spirits for industrial use;
Bonded warehousing of spirits for industrial use;
Denaturation of spirits;
Bonded warehousing of spirits (without bottling) for
nonindustrial use;
Bottling or packaging of spirits for industrial use; or
Any other distilling, warehousing, or bottling operations
not required to be covered by a basic permit under the FAA Act.
DSP bonded premises. The physical premises of a DSP are divided
into two technical categories--``bonded premises'' and unbonded
``general premises.'' All activities relating to the distilling,
storing, and processing (blending and mixing) of distilled spirits must
be conducted on bonded premises. Most activities relating to taxpaid
alcohol beverages conducted at the distilled spirits plant must be
conducted on general premises.
Operations as a distiller, warehouseman, or processor may be
conducted only on the bonded premises of a DSP by a person who is
qualified to carry on such operations under 27 CFR part 19 and who has
obtained the FAA Act basic permits required by 27 CFR part 1, or, as
appropriate, the operating permit required by part 19. However, certain
other activities, such as those of apothecaries, customs bonded
warehousemen, manufacturers of nonbeverage products, and users of
specially denatured alcohol (SDA), may be carried on outside DSPs.

[[Page 9081]]

The physical continuity of a DSP must be unbroken except for
separations that may include public waterways, thoroughfares, or
carrier rights-of-way. In most instances, DSPs are also prohibited from
being located in a dwelling house, in a shed, yard, or enclosure
connected with a dwelling house, on board a vessel or boat, on premises
where beer or wine is produced, in a retail liquor establishment, or
where any other business is conducted.
Bonds. Normally, the distilled spirits tax is not collected while
spirits are held on the ``bonded'' premises of a distilled spirits
plant. The potential tax liability of the spirits held on bonded
premises is guaranteed by an operations bond, and taxable removals from
the bonded premises of a DSP are covered by a withdrawal bond.
The bond is a legally binding, written agreement involving three
parties--the taxpayer, the surety (insurance or bonding company), and
the U.S. Government. The purpose of the bond is to protect the
financial interest of the Government. If for any reason the taxpayer
fails to pay the tax, the surety is then obliged to pay the tax, up to
the face amount (limit) of the bond.
Other requirements. In addition to registering, obtaining a permit,
and providing a bond, DSP proprietors are required to comply with a
number of regulatory provisions relating to: Plant security;
production, storage, and processing of spirits; recordkeeping;
inspection and audit; and filing of reports. These requirements are
reflected in the part 19 regulations.
Recordkeeping accounts. All operations at a DSP are accounted for
within four recordkeeping accounts--production, storage, denaturation,
and processing. Since the facilities (tanks and rooms) of a DSP may be
used for multiple purposes, the accountability for spirits must be
maintained of necessity by appropriate records within the four accounts
instead of by physical separation.
Payment of taxes. The Federal excise tax on distilled spirits
attaches to the spirits as soon as they are produced, and the distilled
spirits plant is held liable for the tax on all distilled spirits held
in the bonded premises. The amount of Federal excise tax that a
distilled spirits plant proprietor must pay is based on the taxable
removal of the spirits from the bonded premises. There are two basic
methods of paying the tax on distilled spirits withdrawn from bonded
premises--deferred payment and prepayment. Under the deferred payment
system, the proprietor may withdraw spirits from bond after tax
determination but before payment of tax. The excise tax is paid
pursuant to a semimonthly tax return based on the amount of spirits
removed from bond during each return period. Under the prepayment
system, the proprietor must pay the distilled spirits tax after tax
determination but before withdrawal of the spirits from bonded
premises. Most DSP proprietors use the deferred payment system.
Currently, the Federal excise tax rate on distilled spirits is
$13.50 per proof gallon. The term ``proof gallon'' is unique to this
particular commodity and means: A liquid gallon at 60 degrees
Fahrenheit that contains 50 percent ethyl alcohol by volume.
Although the tax rate for distilled spirits is $13.50 per proof
gallon, many distilled spirits products are actually taxed at a lower
rate. Many products contain added wine and/or flavors, and the IRC at
26 U.S.C. 5010 provides a tax credit for the wine and flavors content
of the product. These credits effectively reduce the rate of excise tax
paid on distilled spirits products that contain wine or flavors.
Nontaxable transactions. Under the IRC, certain types of shipments
to and from a distilled spirits plant are permitted without payment of
tax. Examples include:
Shipments of bulk (unbottled) spirits from one registered
distilled spirits plant to another. (Bottled spirits are not eligible
for untaxed transfer in bond between plants.)
Shipments of bulk imported spirits from U.S. Customs and
Border Protection custody to a distilled spirits plant. (Only bulk
imported spirits are eligible for this type of transfer.)
Direct exports of products from the United States.
Shipments to users of industrial alcohol (certain permit
holders who use alcohol for medical, research, or industrial purposes).

Rulemaking History

ATF Notice No. 870

On November 30, 1998, TTB's predecessor agency, the Bureau of
Alcohol, Tobacco and Firearms (ATF), published in the Federal Register
(63 FR 65720) a notice of proposed rulemaking, Notice No. 870, that
solicited comments on proposed changes to several sections of the
regulations in 27 CFR part 19. The proposed changes included: (1)
Delegations of authority, (2) removing a special tax provision, (3)
liberalizing the requirement for approval of certain changes in plant
personnel or procedures, (4) reducing the paperwork when plant premises
are alternated with other premises, (5) providing for alternation of
distilled spirits plant and brewery premises, (6) allowing denaturation
and manufacture of articles to be done in a single, unified process,
(7) specifying marks for packages of industrial spirits withdrawn
taxpaid, (8) clarifying regulations that refer to a transfer record,
and (9) incorporating into the regulations a provision of an ATF
Industry Circular regarding alcohol fuel.
In addition to these proposed changes, ATF invited comments
regarding the general recordkeeping system for distilled spirits plants
prescribed in part 19.
In response to Notice No. 870, ATF received extensive comments from
the Distilled Spirits Council of the United States (DISCUS), a trade
association representing distilled spirits industry members with
interests in the U.S. market. While DISCUS provided comments on the
specific issues raised in Notice No. 870, it also asked that ATF
consider a broad range of regulatory changes to part 19, essentially
requesting the initiation of a complete revision of that part. In
support of its request, DISCUS provided ATF with sample regulations
that consisted of a ``markup'' version of the part 19 texts, along with
numerous copies of variances (alternate methods or procedures) that ATF
approved for members of the distilled spirits industry over the years.
The amendments requested by DISCUS covered a broad range of issues and
included reduced recordkeeping requirements for distilled spirits
plants, greater use of commercial records, reduced reporting
requirements, reduced requirements for reporting changes affecting the
DSP's registration, liberalized use of DSP premises, storage of
distilled spirits on bonded premises through ``constructive
segregation'' based on commercial records, and inclusion of alternative
method or procedure approvals in the regulations for universal
applicability.
ATF also received comments from Equistar Chemicals, LP in response
to Notice No. 870. Equistar is a producer of industrial ethyl alcohol,
and its comments addressed issues in Notice No. 870 related to
industrial alcohol. Equistar also commented on other issues affecting
distilled spirits plants, such as the amendment of plant registrations,
recordkeeping, denaturation, and gauging.
After reviewing the comments received in response to Notice No.
870, ATF concluded that the amendments proposed in that notice were not
extensive enough to address the changes

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that had taken place in the industry since the last major revision of
the distilled spirits plant regulations, which took place when ATF
implemented the Distilled Spirits Tax Revision Act of 1979, commonly
referred to as ``All in Bond.'' No further action was taken by ATF in
regard to this matter.

TTB Notice No. 83

As the successor to ATF, TTB undertook a comprehensive review of
the distilled spirits plant regulations in part 19, taking into account
the comments received in response to Notice No. 870, intervening
statutory changes, and other issues that had come to the attention of
TTB that appeared to warrant changes to the part 19 regulations. As a
result of this review, on May 8, 2008, TTB published in the Federal
Register (73 FR 26200) Notice No. 83, a notice of proposed rulemaking
that set forth a complete revision of part 19 and superseded Notice No.
870.
The preamble of Notice No. 83 contained a detailed discussion of
the proposed changes reflected in the revised part 19 texts. The
following points are noted regarding the proposed changes:
1. Each section of the regulations was examined for clarity and
rewritten as necessary, with application of plain language principles
(use of active voice and shorter sentences and paragraphs, elimination
of jargon and unnecessary technical terms, and use of gender-neutral
language) where practicable. Many lengthy sections of the regulations
were split into multiple sections to make them more understandable and
readable. In addition, in some cases textual information was converted
to a table format for easier reference.
2. The individual sections within part 19 were rearranged into a
more logical order. In some cases this involved the reordering of
sections within a subpart, and in other cases this involved the
creation of a new subpart to set forth regulations involving the same
general subject matter that previously was dealt with in more than one
subpart. For example, prior to this revision, information regarding
distilled spirits taxes was found in two separate subparts, subpart C
(containing basic information about distilled spirits taxes) and
subpart P (containing information regarding determination of taxes and
the filing of tax returns); the revision combines these provisions in
one new Subpart I, Distilled Spirits Taxes. In addition, duplicative
sections were eliminated.
3. Amendments to the IRC made by the Taxpayer Relief Act of 1997
were incorporated into the regulations, including provisions whereby:
(a) Imported bottled spirits that were taxpaid through Customs may be
returned to bond at a DSP and a claim for a credit, refund, or
abatement may be filed for the return, (b) beer to be used in the
production of spirits can be received at a DSP without payment of tax,
and (c) taxpaid beer can be removed from a brewery and shipped to a DSP
with refund or credit of tax.
4. The revised regulations allow for expanded use of letterhead
applications and letterhead notices for purposes of amending a
registration or permit in lieu of filing an entire new registration or
permit application.
5. The regulations were revised to allow for the use of mass flow
meters that meet certain volumetric tolerances for tax determination,
as well as the use of other bulk gauges for general gauging, without
prior approval from TTB.
6. In view of the increased number of limited liability companies
(LLCs) and limited liability partnerships (LLPs) that own and operate
DSPs, references to these types of business entities were included in
the provisions that govern the qualification of DSPs.
7. The revised regulations include the addition of a provision that
would permit the alternation of DSP premises with adjacent brewery
premises.
8. The revised regulations require alcohol fuel plants (AFPs) to
file an application in order to receive spirits in bond. This corrected
an oversight in the regulations because 26 U.S.C. 5005(c)(1)
establishes tax liability during a transfer in bond based on an
application filed by the consignee. Under this change, AFPs would be
required to file the same applications as regular DSPs.
9. The revised regulations eliminate the requirement that
proprietors file form TTB F 5110.34, Change in Plant Status, when DSP
premises are curtailed or extended. Under the revised regulations, the
proprietor would document curtailment or extension with a record kept
at the plant or by commercial records.
10. The revised regulations retained the requirement that the
closure on each container requires breaking to gain access to the
contents of the container. However, the requirement that a portion of
the closure remain on the container after its breakage was eliminated,
because that particular feature is not a requirement of the underlying
IRC provision at 26 U.S.C. 5301(d).
11. The revised regulations clarify that required records may
consist of documents created in the ordinary course of business rather
than records created to expressly meet the requirements of part 19, if
those documents contain the information that the regulations require.
However, the revised regulations do not include a DISCUS recommendation
that we eliminate most of the internal records of activities within a
DSP, such as the production account, the storage account, and the
processing/denaturation account, because the internal accounts are
specifically called for in the IRC and they are discussed in the
legislative history relating to ``all-in-bond.''
Notice No. 83 invited the public to make comments on the proposed
regulations by August 6, 2008. The comment period for Notice No. 83 was
extended twice. On May 8, 2008, after a request from an industry
member, TTB published in the Federal Register Notice No. 86 (73 FR
44952), which extended the comment period by 90 days. On October 29,
2008, after a request from DISCUS, TTB published in the Federal
Register Notice No. 92 (73 FR 64287), which extended the comment period
by an additional 90 days. The comment period for Notice No. 83
therefore closed on February 3, 2009.

Comments Received in Response to Notice No. 83

In response to Notice No. 83, TTB received 7 comments. Six of the
comments expressed strong support for the revisions to part 19 and
commented on specific areas of agreement and recommendations for
further changes. One commenter asked a specific question regarding a
particular regulatory requirement. Descriptions of the comments and TTB
responses follow.
Comment 1
A comment from a manufacturer of nonbeverage products was
supportive of TTB's efforts to modernize the DSP requirements. The
commenter specifically addressed the application of part 19 to cosmetic
and topical over-the-counter drug products such as instant hand
sanitizers and skin cleansers. The commenter noted that its products
are subject to several Federal laws and to regulation by the FDA as
well as TTB.
The commenter stated that due to growth in the hand sanitizer
product category, TTB should create category-specific regulations,
similar to the regulations for vinegar plants and alcohol fuel plants.
TTB Response: TTB notes that vinegar plants and alcohol fuel plants
differ from cosmetics containing alcohol because vinegar as an end
product does not contain alcohol, and alcohol fuel plants are created
as a category by statute. The commenter is correct that

[[Page 9083]]

TTB does not have specialty categories for denatured alcohol products
in its regulations. Denatured alcohol products include cosmetics,
flavors, fuel, over-the-counter products, medical products, laboratory
products, industrial products such as solvents and cleaners, and food
ingredients, just to name a few. Creating category-specific regulations
would create an increased regulatory burden on those entities that
manufacture multiple types of denatured products. Also, adding new
nonbeverage product categories within part 19 is outside the scope of
Notice No. 83, and it would be inconsistent with the Administrative
Procedure Act to make such substantive changes not proposed in Notice
No. 83 in this final rule document without notice and comment. However,
we agree that hand sanitizer products have grown as a market segment
since their introduction in 1988. We currently are undertaking a
rulemaking project relating to 27 CFR Part 20, Distribution and Use of
Denatured Alcohol and Rum, and we will retain these comments for
consideration in that project.
The commenter also noted that it has several production and
recordkeeping processes in place that have been validated by the FDA,
but that are not recognized as meeting TTB requirements without other
TTB mandated records and reports.
TTB Response: TTB has a unique responsibility to protect the
revenue while FDA regulations are designed to ensure safe products, not
to protect the revenue. Thus, TTB's reporting and recordkeeping
requirements are different from those of FDA.
The commenter listed several proposed changes that it suggests
apply specifically to cosmetic and over-the-counter producers:
``Exempt companies from monthly reporting if they are only
purchasing and using [specially denatured alcohol (SDA)] * * *.
Document the yearly usage of SDA alcohol on the User's Report of
Denatured Spirits (TTB Form 5150.18).''
TTB Response: Companies that only purchase and use SDA may operate
under the provisions of 27 CFR part 20. Under Sec. 20.264(b), SDA
users are required to file an annual report as opposed to a monthly
report. However, monthly reporting is a requirement for DSPs because it
provides information to TTB to ensure that the revenue is protected.
TTB would not know what operations were occurring at a DSP if reports
were not filed on a more frequent basis.
``Allow denaturants other than the specified SDA
formulations based on pre-approval of the TTB through submission of
formulas on form 5150.19.''
TTB Response: This process is already permitted under 27 CFR 21.91.
``Maintain Special Tax Stamp (form 5630.6A).''
TTB Response: The requirement to maintain a special tax stamp was
repealed by the American Jobs Creation Act of 2004. Therefore, we have
no authority to require this.
The commenter also stated that the quarterly physical inventory of
denatured spirits required in proposed Sec. 19.394 is unnecessary due
to the records and systems maintained to coordinate inventory of raw
materials and cosmetic and over-the-counter (OTC) products. The
commenter recommended that manufacturers of topical OTC drugs and
cosmetics be required to allow TTB to access inventory records and
perform a physical inventory annually without a date stipulation. We
note that DISCUS made a similar recommendation in its comments to ATF
Notice No. 870, but we did not adopt this recommendation in Notice No.
83.
TTB Response: The shorter time period between quarterly versus
annual inventories makes it easier for both TTB and a proprietor to
reconcile discrepancies and thereby protect the revenue. A proprietor
may continue to apply for approval of an alternate procedure pursuant
to Sec. 19.26, and TTB may grant such an alternate procedure if
appropriate.
The commenter stated that the serial number for records required in
various subparts should not include the requirement that the serial
number commence with ``1'' at the beginning of each calendar or fiscal
year. The commenter proposed that as long as the serial or identifying
number meets the requirements of Sec. 19.572, concerning the format of
records, it should be considered satisfactory.
TTB Response: We agree that a unique identifier is sufficient to
identify a particular record, and we have amended Sec. Sec. 19.618 and
19.620 in this final rule document to allow unique identifiers that do
not necessarily begin with the number ``1'' each year.
Finally, the commenter recommended amending the regulations to
allow for letterhead or single form notification of changes to the
permit regarding an address change that does not involve a physical
move.
TTB Response: We agree that a letterhead notice is sufficient to
notify TTB of a change of address that does not involve a physical move
or any change in physical area or layout of a DSP. We have added a new
section, Sec. 19.691, to address changes of address not involving a
change in location.
Comment 2
A manufacturer of nonbeverage products stated that the changes
proposed by TTB would indeed help streamline the many processes
involved in the operations of a distilled spirits plant. The commenter
listed eight specific areas of the part 19 revision that it
particularly supported:
The use of plain language while minimizing the use of
jargon and technical terms;
The restructuring of information to consolidate major
topics and bring like information together;
The expanded use of letterhead notices for reporting
certain changes such as changes in officers and directors;
The use of a single area operations bond to cover all of
the proprietor's plants in the United States;
The use of mass flow meters for all required bulk gauges
at a DSP;
The allowance for a unified process for denaturation and
article manufacture;
The allowance for a single gauge measurement when filling
containers from tanks; and
The ability to file computer-generated reports and forms.
In addition, the commenter noted three areas of regulation where it
suggested further changes.
First, the commenter requested that TTB allow an average tare (that
is, the weight of an empty package) to be used for gauging individual
packages (drum, barrel, or similar container of spirits (see the
definition of ``package'' in Sec. 19.1). The commenter noted that the
variance for package tare is often less than 0.25 lb.
TTB Response: We believe that the degree of variance can be
significant. In the preamble to Notice No. 83, we addressed a similar
recommendation made in comments to ATF Notice No. 870 and we explained
that we did not adopt this recommendation in the proposed rule because
TTB requires an accurate gauge of spirits that are withdrawn from
bonded premises. Accordingly, we are not adopting the commenter's
proposal in this final rule. The requirement that the proprietor
establish the actual tare of each package to be withdrawn from bond
appears at Sec. 19.288.
Second, the commenter suggested that TTB allow minimum amounts of
denaturants rather than specific amounts of denaturants.
TTB Response: Part 21 of the TTB regulations sets forth specific
formulas

[[Page 9084]]

for denatured spirits, not part 19, and therefore such a change is not
appropriate in this rulemaking action. We have noted this comment for
possible future rulemaking involving part 21.
Third, the commenter suggested that temporary permit delivery
addresses be allowed through a letterhead notification process. The
commenter noted that temporary situations, such as road construction or
utilities maintenance, occasionally require deliveries to alternate
addresses such as a side entrance, but that the current regulations
require permittees to amend their permits for each address change.
TTB Response: We agree that there should be provisions for
temporary changes to a delivery address, without a change in the
location or street address of the plant, and that a letterhead notice
provides sufficient notice to TTB. Accordingly, for the final rule we
have incorporated this change in the language of Sec. 19.118
Comments 3 and 4
TTB received two comments from a large ethanol producer that holds
a number of DSP and Alcohol Fuel Plant (AFP) permits. The commenter
noted that it supports the streamlining of procedures and the overall
organizational improvements proposed in the revisions to part 19.
In its first comment, the commenter referred to two areas of the
Notice No. 83 preamble with which it disagrees. Both areas relate to
TTB's interpretation of 26 U.S.C. 5181, which relates to AFPs. First,
the commenter stated that it believes ``the interpretation that an AFP
permit may be granted to a facility that will solely receive and not
produce spirits is inconsistent with the law that established the
AFP.'' Similarly, the commenter suggested that TTB should not allow the
establishment of an AFP for the purpose of receiving imported alcohol.
TTB Response: As noted in Notice No. 83, while the Bureau had
formerly interpreted 26 U.S.C. 5181(a)(1) to mean that all alcohol fuel
plants must produce distilled spirits, it is now the position of the
Bureau that a person may establish an AFP solely for the receipt and
processing of distilled spirits for fuel use. We also noted that we had
already set the precedent that receipt of distilled spirits counts as
``production'' at an AFP (see former Sec. 19.956, which treated
receipts as production.) Section 5181 of the IRC was established to
generally encourage and promote (through regulation or otherwise) the
production of alcohol for fuel purposes. As fuel needs have changed
dramatically, the goal of the Bureau's AFP regulations is to ensure
adequate supplies of fuel ethanol. We find that it is appropriate to
read the applicable law, 26 U.S.C. 5181, as permitting facilities to
qualify as AFPs even when their production operations consist solely of
blending ethanol with authorized denaturants for the purpose of
producing alcohol fuels. Consistent with the goal stated above, as well
as 26 U.S.C. 5232 which provides for the receipt of imported spirits by
DSPs, TTB does not distinguish, in this case, between domestically
produced and imported ethanol.
In its second comment, the commenter raised specific issues that it
believed should be addressed in the revision of part 19, and provided
markups of the various regulatory sections involved in its
recommendations. Specifically, the commenter's suggestions and TTB's
responses to those suggestions are as follows:
In addition to the performance limits for use of mass flow
meters provided in the proposed regulation, suggested providing
specific performance limits for volumetric flow meters and other
equipment such as seals and density meters.
TTB Response: The new part 19 regulations, at Sec. 19.284, allow
the use of mass flow meters for tax determination purposes, as well as
volumetric determinations, and establish specifications for their
performance. In regard to such equipment as seals and density meters,
the Bureau does not receive a significant number of requests for the
use of these types of equipment and evaluates them, when necessary, on
a case-by-case basis.
Suggested that gauging by accurate flow meter and by
accurate density meter, as proposed in Notice No. 83, be reflected in
part 30 of the TTB regulations. The commenter recommended a direct
final rule for part 30 to harmonize with the updated part 19.
TTB Response: The new part 19 regulations, at Sec. 19.188, allow
either the use of the gauging methods specified in part 30 or the use
of accurate meters, so further changes to this part are unnecessary in
regard to distilled spirits. We do not believe it is appropriate to
amend part 30 because part 30 applies to other products in addition to
distilled spirits. Additionally, any such amendment would be beyond the
scope of this rulemaking action.
Made several suggestions about receipt of denatured
spirits at a DSP and return to bonded premises. One such suggestion was
that denatured spirits should be permitted on bonded premises for
comingling, storage, or withdrawal even after they had been previously
removed.
TTB Response: The IRC in section 5215 permits distilled spirits on
which tax has been determined to be returned to bonded premises only
for destruction, denaturation, redistillation, reconditioning or
rebottling. Further, IRC section 5612(a) states that, with some
exceptions not applicable here, no distilled spirits on which tax has
been paid or determined shall be stored or allowed to remain on the
bonded premises of any distilled spirits plant, under the penalty of
forfeiture of all spirits found. The TTB regulations in part 19 provide
alternatives, such as transfers in bond and alternations of premises.
Suggested that fuel alcohol produced at an AFP be
considered completely denatured alcohol.
TTB Response: Section 5181 of the IRC, which provides authority for
TTB to permit AFPs, requires that distilled spirits withdrawn must be
rendered ``unfit for beverage use.'' Section 5214(a)(1) of the IRC
authorizes the withdrawal of distilled spirits from a DSP after
denaturation for specific purposes, and section 5214(a)(12) separately
authorizes the withdrawal free of tax for distilled spirits produced
under section 5181. The IRC does not refer to alcohol produced at an
AFP as ``denatured'' and clearly intends to distinguish the term
``denatured '' as used for DSPs in general and ``unfit for beverage
use'' as used for alcohol produced for fuel use under the authority of
section 5181.
Suggested the proposal of a direct final rule for part 21
of the TTB regulations dealing with completely denatured alcohol to
harmonize the regulations for fuel produced by an AFP and CDA 20
produced by a DSP.
TTB Response: This final rule, which covers proposed substantive
changes to part 19, is not an appropriate venue for making changes to
other parts of the TTB regulations. We may consider this proposal in
future rulemaking.
Suggested allowing AFPs to send samples of undenatured
spirits to a lab off the bonded premises similar to the procedures for
DSPs.
TTB Response: TTB is considering making a number of substantive
changes to the regulations governing AFPs in a separate rulemaking
initiative. We will consider this proposal in that rulemaking action.
Suggested removing the requirement for TTB approval for
sending samples to a recognized commercial laboratory.

[[Page 9085]]

TTB Response: The Bureau is not adopting this suggestion as TTB
needs to approve a DSP's transfer activities on a case-by-case basis.
We look at a number of facts, including risk to the revenue and
compliance history of the DSP.
Suggested that TTB remove mark requirements found in
proposed Sec. 19.495 for bulk conveyances.
TTB Response: Section 1263 of title 18 of the U.S.C. (18 U.S.C.
1263) provides criminal sanctions for shipping distilled spirits
without certain information: The name of the consignee, the nature of
its contents, and the quantity contained therein. The requirements of
Sec. 19.495 are consistent with this statute. We note that both the
statute and Sec. 19.495(b) allow shippers to supply the information on
a document as opposed to marks on the conveyance.
Suggested changing proposed Sec. 19.11 to allow time for
verification of credentials in order to comply with potential site
security and Homeland Security issues.
TTB Response: We do not adopt the suggestion because 26 U.S.C.
5203(b) prescribes the requirement for the right of immediate entry and
examination, and TTB officers must be able to access facilities
whenever necessary to protect the revenue or to determine if internal
revenue laws have been violated. TTB is also concerned with site
security issues and is willing to work with proprietors on site
security and Homeland Security issues as they arise.
Suggested changing the alternate method or procedure
process to include approval for all permit holders.
TTB Response: We do not adopt this suggestion because not all
alternate method or procedures are appropriate for industry-wide
approval. Alternate methods and procedures must be evaluated and
approved on a case-by-case basis. If a member of the public wishes to
suggest changes to the methods or procedures contained in the
regulations for use by all permittees, that person may submit a
petition for rulemaking to TTB.
Suggested adding the phrase ``on the bonded premises''
after ``All pipelines'' in Sec. 19.187.
TTB Response: We do not accept this proposal because Sec. 19.187
is intended to apply to all pipelines at a DSP, whether or not they are
on bonded premises. The purposes of this section are to protect the
revenue and to permit ready access by the appropriate TTB officers to
conduct examinations.
Comments 5 and 6
TTB received a comment from DISCUS written on behalf of a coalition
of DISCUS members and another industry member. TTB received an
additional comment from the industry member which expressed support for
DISCUS's comments and provided further details on how the proposed
changes to part 19 would affect its operations.
Much of DISCUS's comment related to its suggestion that TTB adopt
its concept of ``constructive segregation'' for various types of
products (wine, beer, spirits, or flavors) or tax status (taxpaid,
nontaxpaid, or in customs custody).
TTB Response: While we might agree that in certain circumstances,
constructive segregation provides adequate protection to the revenue,
we note that the majority of DSPs do not have the sophisticated
equipment necessary to maintain segregation through records alone.
Accordingly, an across-the-board regulatory constructive segregation
provision would not be appropriate. However, proprietors may submit a
request for approval of the use of constructive segregation as an
alternate method or procedure under new Sec. 19.27 and we will
evaluate such a request on a case-by-case basis, taking into account
all relevant factors, including the adequacy of the protection of the
revenue and the proprietor's compliance history.
DISCUS also proposed that TTB eliminate the requirements to submit
diagrams showing extended and curtailed premises, and that TTB not
adopt the proposal to require submission of an application and/or
letterhead notice for alternations and extensions of premises.
TTB Response: We are not adopting these suggestions because, in
order to ensure compliance with statutory requirements related to
revenue protection, we must receive specific information about the
layout of a DSP. However, proprietors may continue to submit a request
for approval of an alternate method or procedure to vary from the
regulatory requirements, and we will consider approving such requests
on a case-by-case basis.
DISCUS repeated the comment it made to Notice No. 870 that
suggested a 200-mile rule for continuity of premises.
TTB Response: In the preamble to Notice No. 83, we explained that
we would not adopt a 200-mile rule and the current comment does not
provide sufficient justification for any change of our position. We
will continue to evaluate requests for alternate methods or procedures
concerning plant continuity on a case-by-case basis, each analysis to
be based upon multiple factors. Generally, we believe that the ``same
general location'' must not be too large an area so that the revenue is
placed at risk. Also, because a distance of 200 miles could extend over
a multi-state area and would cross over into different field offices
within TTB, such a distance would create administrative difficulties
for TTB.
DISCUS also commented on TTB's proposed changes to alcohol fill
tolerances. It suggested that the Bureau eliminate the requirement that
there be approximately the same number of overfills and underfills for
each lot bottled.
TTB Response: We are not adopting this suggestion because this
regulatory requirement ensures that the proprietor accurately fills
bottles, which supports proper collection of the revenue and protects
consumers from deception. It is the responsibility of proprietors to
ensure that their bottling equipment accurately fills bottles of
spirits.
In order to assist proprietors in determining the standards for
fill tolerances, we proposed a specific standard of plus or minus 2
percent for fill. DISCUS and the industry member state that this
tolerance is too small for small bottle sizes.
TTB Response: We agree and have adopted a stepped approach to
tolerances similar to fill tolerances used for wine found in 27 CFR
24.255(b). In evaluating DISCUS's and the industry member's slightly
different proposals for using a stepped approach similar to that used
in wine regulations, we found a 9 percent tolerance, as proposed for
the smallest bottle sizes, to be too large. The revised tolerances are
found in Sec. 19.356 and range from 1.5 percent for bottles 1.0 liter
and above to 4.5 percent for bottles 100 mL and below.
Comment 7
An individual commented on the provisions of Sec. 19.387,
``Ensuring the quality of denaturants.'' The commenter suggested that
TTB reapply an exception that appeared in the ATF regulations prior to
1979 for certain denaturants that were deposited in storage under
direct supervision of the assigned ATF officer. The commenter noted
that the prior regulation stated, in part, ``Synthetic oils approved by
the Director, essential oils as defined in Part 212 of this chapter,
pure chemicals (liquid or solid), or U.S.P. or N.F. substances used as
denaturing materials, deposited in storage under direct supervision of
the assigned officer in the original sealed package of a reputable
manufacturer of chemicals, bearing a label descriptive of the contents
placed thereon by the manufacturer, need not

[[Page 9086]]

be tested except when required by the Director.''
TTB Response: The responsibility for security and purity of
denaturants lies with the proprietor of the plant. Because denaturants
could be adulterated by various sources, or otherwise be of
nonconforming quality, it is the responsibility of the proprietor to
ensure that denaturants conform to the specifications prescribed in
part 21 of the TTB regulations. The exception that applied prior to
1979 was applicable to denaturants deposited in storage under direct
supervision of an ATF officer. Because TTB does not have officers
assigned to each DSP, it would be inappropriate to retain that
exception. However, it is not the intention of TTB that the proprietor
be required to test every lot of every denaturant. We have modified
Sec. 19.387 to more clearly state when testing is required and that
the testing standards of that section apply only if a proprietor tests
any given lot.

Changes to the Proposed Regulations in This Final Rule

After careful consideration of the comments received in response to
Notice No. 83, as discussed above, TTB has made several changes to the
proposed part 19 regulatory texts contained in that notice of proposed
rulemaking. As discussed below, TTB is also making other changes to the
proposed part 19 regulatory texts. These changes are technical in
nature; they provide additional mailing options for industry members
and reflect changes made to part 19 by final or temporary rulemakings
issued after the publication of Notice No. 83. TTB also has updated
cross-references to part 19 contained in other parts of its regulations
in 27 CFR chapter I. In addition, TTB has made technical corrections or
other nonsubstantive changes to the proposed part 19 regulatory texts
to correct errors or inconsistencies in format, style, grammar, or
spelling. None of these corrections or other nonsubstantive changes
affects any regulatory or recordkeeping requirement contained in the
proposed part 19 regulatory texts as published in Notice No. 83.

Private Delivery Services

In light of the wide-spread use of private courier and delivery
services by the public and government agencies, and in accordance with
the IRC at 26 U.S.C. 7502(f), TTB is adding the option to send tax
returns and remittances by private courier and delivery services to the
requirements found in Sec. 19.238, Payment by mail or courier. While
this change to part 19 was not included in Notice No. 83, we believe
this change will afford industry members, the general public, and TTB
greater flexibility in choosing delivery methods for documents and
other items while continuing to provide documented sending and delivery
dates.
TTB will use the date of tender to the delivery service as the date
of delivery if a proprietor sends a return or remittance to TTB by the
use of traceable delivery services, provided those services are
available to the general public and are at least as timely and reliable
as the U.S. mail and provided the date on which items are given to the
service for delivery are recorded by the service. These changes to
Sec. 19.238 follow the language used in 26 U.S.C. 7502(f) regarding
timely mailing and the use of private delivery services.

Subsequent Regulatory Changes

Subsequent to the publication of Notice No. 83, TTB published two
Treasury Decisions that amended regulatory provisions of part 19.
Changes to the regulatory text in this final rule reflect these
provisions:
T.D. TTB-89, published in the Federal Register (76 FR
3502) on January 20, 2011, updated and reissued temporary rules
regarding semimonthly and quarterly payment of tax. Provisions
reflecting these subjects are found in this document at Sec. Sec.
19.234-19.237 and Sec. 19.465.
T.D. TTB-84, published in the Federal Register (75 FR
16666), on April 2, 2010, reflected the removal of the requirement for
Special (Occupational) Tax and implemented dealer registration
requirements. These provisions are found in subpart H of part 19 in
this final rule.

Changes to Part 19 Cross-References Elsewhere in 27 CFR

The revision of part 19 contained in this final rule also requires
the revision of the cross-references to specific part 19 subparts and
sections contained in other parts of the TTB regulations in 27 CFR
chapter I. Except for the regulatory changes inherent in the revision
of part 19 contained in this final rule, the corrections to the cross-
references described below do not change any recordkeeping or
regulatory requirement outside of part 19; the changes to these cross-
references are merely technical in nature.
The cross-references to part 19 requiring changes in 27 CFR chapter
I are shown in the chart below:

Changes in Part 19 Cross-References in 27 CFR Chapter I
------------------------------------------------------------------------
Remove the and replace with a
In section: reference to: reference to:
------------------------------------------------------------------------
Sec. 1.82(a).............. Sec. 19.157....... Sec. 19.91
Sec. 17.162(d) and (f).... Sec. 19.780....... Sec. 19.626
Sec. 17.163(a)............ Sec. 19.780....... Sec. 19.626
Sec. 24.226 (1st sentence) Sec. 19.510....... Sec. 19.407
Sec. 24.226 (3rd sentence) Sec. 19.508....... Sec. 19.405
Sec. 24.235(a)............ Sec. 19.522(c).... Sec. 19.233
Sec. 26.199f(a)........... Sec. 19.562....... Sec. 19.462
Sec. 26.293(a)(3)......... subpart R........... subpart S
Sec. 28.118............... subpart U........... subpart Q
Sec. 30.31(d)............. Sec. 19.383....... Sec. 19.353
Sec. 30.52................ Sec. 19.722....... Sec. 19.582
Sec. 31.45(b)............. Sec. 19.58........ Sec. 19.5
Sec. 31.65(a)............. Sec. 19.58........ Sec. 19.5
------------------------------------------------------------------------

Existing Alternate Methods or Procedures

By changing the part 19 regulations to provide for many of the
methods or procedures formerly approved as alternate methods or
procedures, these regulations have made a number of former approvals
obsolete. However, there are some preexisting alternate methods or
procedures that we did not make universally applicable and that we did
not intend to revoke with this

[[Page 9087]]

revision to part 19. Accordingly, any proprietor with a valid,
unrevoked alternate method or procedure issued under the authority of
the current Sec. 19.62 (recodified in the new Sec. 19.26) that is not
contrary to the new regulations may continue to use the approval. Note,
however, that any change in law or regulation that makes the alternate
method or procedure contrary to law or regulation revokes the alternate
method or procedure by the application of law.
It is the proprietor's responsibility to ensure that these existing
alternate methods or procedures are not contrary to the new
regulations, that is, that they remain consistent with the purpose and
effect of the methods and procedures prescribed in this revised part. A
proprietor may write to the Director, Regulations and Rulings Division,
or the Director, National Revenue Center, as appropriate, to request
that approvals in existence prior to the adoption of this final rule be
reevaluated under the new regulations.
Any conditions in alternate methods or procedures continue to
apply. TTB may revoke any alternate method or procedure if there is
jeopardy to the revenue or if the method or procedure increases cost to
the Government or hinders TTB's administration of part 19.

Derivation Table for Proposed Part 19

The following table shows the derivation of the new sections of
regulations. It is cross-referenced between the new section numbers in
the revised 27 CFR part 19 regulations contained in this final rule
document and the section numbers in the existing part 19 regulations in
effect at the time of publication of this final rule.

------------------------------------------------------------------------
Are derived from current
Requirements of new section: section:
------------------------------------------------------------------------
19.0.................................. 19.1
------------------------------------------------------------------------
Subpart A
------------------------------------------------------------------------
19.1.................................. 19.11
19.2.................................. 19.2
19.3.................................. 19.3
19.4.................................. 19.57
19.5.................................. 19.58
------------------------------------------------------------------------
Subpart B
------------------------------------------------------------------------
19.11................................. 19.81
19.12................................. 19.86
19.13................................. 19.75
19.14................................. 19.4
19.15................................. 19.61
19.16................................. 19.724
19.17................................. 19.82
19.18................................. 19.83
19.19................................. 19.79
19.20................................. 19.77
19.26................................. 19.62
19.27................................. 19.62
19.28................................. 19.73
19.29................................. 19.70, 19.74
19.31................................. 19.63
19.32................................. 19.65
19.33................................. 19.66
19.34................................. 19.71
19.35................................. 19.71
19.36................................. 19.67
19.37................................. 19.67
19.38................................. 19.78
19.45................................. 19.100
------------------------------------------------------------------------
Subpart C
------------------------------------------------------------------------
19.51................................. New
19.52................................. 19.131
19.53................................. 19.132
19.54................................. 19.133
19.55................................. 19.68, 19.72
19.56................................. 19.134
19.58................................. 19.97
19.59................................. 19.98
19.60................................. 19.99
------------------------------------------------------------------------
Subpart D
------------------------------------------------------------------------
19.71................................. 19.151
19.72................................. 19.151
19.73................................. 19.152
19.74................................. 19.168
19.75................................. 19.166
19.76................................. 19.153
19.77................................. 19.170, 19.324
19.78................................. 19.156
19.79................................. 19.169
19.80................................. 19.154
19.81................................. 19.155
19.91................................. 19.157
19.92................................. 19.158
19.93................................. 19.167
19.94................................. 19.165
19.95................................. 19.159
19.96................................. 19.161
19.97................................. 19.162
19.98................................. 19.160
19.99................................. 19.163
------------------------------------------------------------------------
Subpart E
------------------------------------------------------------------------
19.111................................ New
19.112................................ 19.180
19.113................................ 19.182
19.114................................ 19.184
19.115................................ 19.185
19.116................................ 19.186, 19.187
19.117................................ 19.188
19.118................................ 19.189
19.119................................ 19.190
19.120................................ 19.191
19.121................................ 19.192
19.122................................ 19.193
19.123................................ 19.153(b)
19.126................................ 19.180
19.127................................ 19.181
19.128................................ 19.182
19.129................................ 19.183
19.130................................ 19.184
19.131................................ 19.185
19.132................................ 19.186, 19.187
19.133................................ 19.188
19.134................................ 19.189
19.135................................ 19.191
19.141................................ 19.201
19.142................................ 19.202
19.143................................ 19.203 through 19.206
19.144................................ 19.207
19.147................................ 19.211
------------------------------------------------------------------------
Subpart F
------------------------------------------------------------------------
19.151................................ 19.231, 19.232
19.152................................ 19.231
19.153................................ 19.233
19.154................................ 19.234
19.155................................ 19.235
19.156................................ 19.236
19.157................................ 19.237
19.161................................ 19.231, 19.232
19.162................................ 19.241
19.163................................ 19.242
19.164................................ 19.243
19.165................................ 19.244
19.166................................ 19.245
19.167................................ 19.246
19.168................................ 19.247, 19.248
19.169................................ 19.248
19.170................................ 19.249
19.171................................ 19.250
19.172................................ 19.251
19.173................................ 19.252
------------------------------------------------------------------------
Subpart G
------------------------------------------------------------------------
19.181................................ New
19.182................................ 19.273
19.183................................ 19.273
19.184................................ 19.273
19.185................................ 19.273
19.186................................ 19.276
19.187................................ 19.274
19.188................................ 19.277
19.189................................ 19.278
19.190................................ 19.279
19.191................................ 19.280
19.192................................ 19.281
19.193................................ 19.282
------------------------------------------------------------------------
Subpart H
------------------------------------------------------------------------
19.201................................ 19.49
19.202................................ 19.50
19.203................................ 19.51
19.204................................ 19.52
------------------------------------------------------------------------
Subpart I
------------------------------------------------------------------------
19.221................................ New
19.222................................ 19.21 through 19.23
19.223................................ 19.24
19.225................................ 19.25, 19.515, 19.526
19.226................................ 19.517
19.227................................ 19.515
19.229................................ New
19.230................................ 19.515(b), 19.522(b)
19.231................................ 19.516
19.233................................ 19.522(c), 19.523(b)
19.234................................ 19.522(a), 19.523(a)
19.235................................ 19.522, 19.523
19.236................................ 19.523
19.237................................ 19.523
19.238................................ 19.525
19.239................................ 19.519
19.240................................ 19.524
19.242................................ 19.520
19.243................................ 19.521
19.245................................ New

[[Page 9088]]

19.246................................ 19.34
19.247................................ 19.35
19.248................................ 19.36
19.249................................ 19.37
19.250................................ 19.38
19.253................................ 19.31
19.254................................ 19.32
19.256................................ 19.26
19.257................................ 19.518
19.258................................ 19.486
------------------------------------------------------------------------
Subpart J
------------------------------------------------------------------------
19.261................................ New
19.262................................ 19.44
19.263................................ 19.41
19.264................................ 19.42
19.265................................ 19.43
19.266................................ 19.45
19.267................................ 19.46
19.268................................ 19.76
19.269................................ 19.487
------------------------------------------------------------------------
Subpart K
------------------------------------------------------------------------
19.281................................ New
19.282................................ 19.84
19.283................................ 19.92
19.284................................ 19.91, 19.92(a), 19.93
19.285................................ 19.92(a)
19.286................................ 19.91(a)
19.287................................ 19.91(b)
19.288................................ 19.503
19.289................................ 19.319
------------------------------------------------------------------------
Subpart L
------------------------------------------------------------------------
19.291................................ New
19.292................................ 19.311
19.293................................ 19.312
19.294................................ 19.314
19.295................................ 19.315
19.296................................ 19.312
19.297................................ 19.313
19.301................................ 19.316
19.302................................ 19.317
19.303................................ 19.318
19.304................................ 19.319
19.305................................ 19.320
19.306................................ 19.321
19.307................................ 19.322
19.308................................ 19.326
19.309................................ 19.327
19.310................................ 19.328
19.312................................ 19.329
19.314................................ 19.331
19.315................................ 19.332
19.316................................ 19.333
------------------------------------------------------------------------
Subpart M
------------------------------------------------------------------------
19.321................................ 19.341
19.322................................ 19.342
19.324................................ 19.344
19.325................................ 19.345
19.326................................ 19.346
19.327................................ 19.347
19.328................................ 19.348
19.329................................ 19.349
19.331................................ 19.343
19.333................................ 19.353
------------------------------------------------------------------------
Subpart N
------------------------------------------------------------------------
19.341................................ 19.371
19.342................................ 19.372
19.343................................ 19.373
19.344................................ 19.374
19.346................................ 19.376
19.348................................ 19.378
19.351................................ 19.381
19.352................................ 19.382
19.353................................ 19.383
19.354................................ 19.384, 19.400
19.355................................ 19.385
19.356................................ 19.386
19.357................................ 19.387
19.358................................ 19.388
19.359................................ 19.389
19.360................................ 19.390
19.361................................ 19.391
19.362................................ 19.392
19.363................................ 19.393
19.364................................ 19.394
19.365................................ 19.397
19.366................................ 19.398
19.371................................ 19.401
19.372................................ 19.402
------------------------------------------------------------------------
Subpart O
------------------------------------------------------------------------
19.381................................ 19.451
19.382................................ 19.452
19.383................................ 19.454
19.384................................ 19.451, 19.456
19.385................................ 19.455
19.386................................ 19.457
19.387................................ 19.453
19.388................................ 19.461
19.389................................ 19.462
19.390................................ 19.463
19.391................................ 19.459
19.392................................ 19.460
19.393................................ 19.458
19.394................................ 19.464
19.395................................ 19.471
19.396................................ 19.451
------------------------------------------------------------------------
Subpart P
------------------------------------------------------------------------
19.401................................ New
19.402................................ 19.505
19.403................................ 19.506
19.404................................ 19.507
19.405................................ 19.508
19.406................................ 19.509
19.407................................ 19.510
19.409................................ 19.481
19.410................................ 19.482
19.411................................ 19.483
19.414................................ 19.484
19.415................................ 19.485
19.418................................ 19.531
19.419................................ 19.532
19.420................................ 19.533
19.421................................ 19.534
19.424................................ 19.536
19.425................................ 19.537
19.426................................ 19.538
19.427................................ 19.540
19.428................................ 19.541
19.431................................ 19.502
19.434................................ 19.701
19.435................................ 19.702
19.436................................ 19.703
19.437................................ 19.704
19.441................................ 19.96
------------------------------------------------------------------------
Subpart Q
------------------------------------------------------------------------
19.451................................ New
19.452................................ 19.681, 19.682
19.453................................ New
19.454................................ 19.683 through 19.686
19,455................................ 19.687
19.457................................ 19.688
19.459................................ 19.691
------------------------------------------------------------------------
Subpart R
------------------------------------------------------------------------
19.461................................ 19.561
19.462................................ 19.562
19.463................................ 19.563
19.464................................ 19.564
19.465................................ 19.565
------------------------------------------------------------------------
Subpart S
------------------------------------------------------------------------
19.471................................ New and 19.581
19.472................................ New
19.473................................ 19.581
19.474................................ 19.582
19.475................................ 19.583
19.476................................ 19.584
19.477................................ 19.585
19.478................................ 19.588
19.479................................ 19.589
19.482................................ 19.592
19.483................................ 19.595
19.484................................ 19.596(a) and (c)
19.485................................ 19.593
19.486................................ 19.599
19.487................................ 19.597
19.488................................ 19.596(b) and (c)
19.489................................ 19.607
19.490................................ 19.594
19.491................................ 19.601
19.492................................ 19.602
19.493................................ 19.604
19.494................................ 19.605
19.495................................ 19.606
19.496................................ 19.608
19.497................................ 19.610
19.498................................ 19.611
19.499................................ 19.612
------------------------------------------------------------------------
Subpart T
------------------------------------------------------------------------
19.511................................ 19.632
19.512................................ 19.637
19.513................................ 19.633
19.516................................ 19.641
19.517................................ 19.642-19.650
19.518................................ 19.645
19.519................................ 19.395
19.520................................ 19.396
19.523................................ 19.661, 19.662
19.525................................ 19.663
------------------------------------------------------------------------
Subpart U--Reserved
Subpart V
------------------------------------------------------------------------
19.571................................ 19.721
19.572................................ 19.721, 19.731
19.573................................ 19.723(a)
19.574................................ 19.723(a) and (b)
19.575................................ 19.723(c)
19.576................................ 19.723(b)
19.577................................ 19.721(c), 19.723(c)

[[Page 9089]]

19.578................................ 19.721(d)
19.580................................ 19.731
19.581................................ 19.731(b), 19.732
19.582................................ 19.722
19.584................................ 19.736
19.585................................ 19.736
19.586................................ 19.736
19.590................................ 19.740
19.591................................ 19.741
19.592................................ 19.742
19.593................................ 19.743
19.596................................ 19.746
19.597................................ 19.747
19.598................................ 19.748
19.599................................ 19.749
19.600................................ 19.750
19.601................................ 19.751
19.602................................ 19.748(b)
19.603................................ 19.747
19.604................................ 19.747
19.606................................ 19.752
19.607................................ 19.753
19.611................................ 19.761
19.612................................ 19.762
19.613................................ 19.763
19.614................................ 19.764
19.615................................ 19.765
19.616................................ 19.766
19.617................................ 19.767
19.618................................ 19.768
19.619................................ 19.769
19.620................................ 19.770
19.621................................ 19.770
19.622................................ 19.773
19.623................................ 19.774
19.624................................ 19.778
19.625................................ 19.779
19.626................................ 19.780
19.627................................ New
19.631................................ 19.791
19.632................................ 19.792
19.634................................ New
------------------------------------------------------------------------
Subpart W
------------------------------------------------------------------------
19.641................................ 19.821
19.643................................ 19.822
19.644................................ 19.823
19.645................................ 19.824
19.646................................ 19.825
19.647................................ 19.826
19.648................................ 19.827
19.649................................ 19.828
19.650................................ 19.829
19.651................................ 19.830
------------------------------------------------------------------------
Subpart X
------------------------------------------------------------------------
19.661................................ New & 19.901
19.662................................ 19.907
19.663................................ 19.901, 19.902
19.665................................ 19.903
19.666................................ 19.903
19.667................................ 19.904
19.669................................ 19.905
19.670................................ 19.906
19.672................................ New
19.673................................ 19.910, 19.912, 19.913, 19.918
19.674................................ 19.913
19.675................................ 19.910, 19.914, 19.918
19.676................................ 19.910, 19.915 through 19.918
19.677................................ 19.916
19.678................................ 19.911
19.679................................ 19.910
19.680................................ 19.910
19.683................................ 19.919
19.684................................ 19.920
19.685................................ 19.921
19.686................................ 19.922
19.687................................ 19.923
19.688................................ 19.924
19.689................................ 19.925
19.690................................ 19.926
19.691................................ New
19.692................................ 19.930
19.693................................ 19.930
19.695................................ 19.945
19.697................................ 19.950
19.699................................ 19.955, 19.958, 19.959
19.700................................ 19.956, 19.957
19.703................................ 19.965
19.704................................ 19.966, 19.967
19.706................................ 19.970
19.709................................ 19.980
19.710................................ 19.981
19.714................................ 19.982
19.715................................ 19.982
19.716................................ 19.987
19.717................................ 19.982
19.718................................ 19.982, 19.984, 19.985, 19.986
19.719................................ 19.983
19.720................................ 19.988
19.722................................ 19.990
19.723................................ 19.990
19.724................................ 19.990
19.726................................ 19.1002
19.727................................ 19.995
19.728................................ 19.996
19.729................................ 19.997
19.733................................ 19.998
19.734................................ 19.999
19.735................................ 19.1000
19.736................................ 19.1001
19.739................................ 19.998
19.742................................ New
19.746................................ 19.1005
19.747................................ 19.1006
19.749................................ 19.1007
19.752................................ 19.1008
------------------------------------------------------------------------
Subpart Y
------------------------------------------------------------------------
19.761................................ 19.1010
------------------------------------------------------------------------

Regulatory Analyses and Notices

Paperwork Reduction Act

The collections of information contained in this final rule have
been previously reviewed and approved by the Office of Management and
Budget in accordance with the Paperwork Reduction Act of 1995 (44
U.S.C. 3507) under control numbers: 1513-0013, 1513-0014, 1513-0020,
1513-0030, 1513-0038, 1513-0039, 1513-0040, 1513-0041, 1513-0044, 1513-
0045, 1513-0046, 1513-0047, 1513-0048, 1513-0049, 1513-0051, 1513-0052,
1513-0056, 1513-0080, 1513-0081, 1513-0083, 1513-0088, and 1513-0113.
An agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless it displays a valid
control number assigned by OMB.

Regulatory Flexibility Act

The Regulatory Flexibility Act, 5 U.S.C. 601 et seq., provides that
whenever a Federal agency proposes regulations that may have a
significant economic impact on a substantial number of small entities,
the agency must prepare a regulatory flexibility analysis.
The provisions of the Regulatory Flexibility Act relating to an
initial and final regulatory flexibility analysis (5 U.S.C. 603 and
604) are not applicable when a final rule does not have a significant
economic impact on a substantial number of small entities. This rule
restates existing regulations in plain language, makes certain
variations currently granted to individual plants available to all
plants, and adopts certain suggestions made by industry associations to
reduce the burdens of regulatory compliance. This rule reduces the
burden on members of the distilled spirits industry, including small
businesses. Accordingly, it is hereby certified that this final rule
will not have a significant economic impact on a substantial number of
small entities and a regulatory flexibility analysis is not required.

Executive Order 12866

We have determined that this final rule is not a significant
regulatory action as defined in Executive Order 12866. Therefore, a
regulatory assessment is not required.

Executive Order 13132

Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires Federal agencies to ensure ``meaningful and timely
input by State and local officials in the development of regulatory
policies that have federalism implications.'' We certify that this
final rule does not have federalism implications. This final rule will
not have substantial direct effects on the States, on the relationship
between the National Government and the States, or on the distribution
of power and responsibilities among the various levels of Government.

Drafting Information

This notice was prepared by Christopher M. Thiemann of the
Regulations and Rulings Division, along with several other employees of
the Alcohol and Tobacco Tax and Trade Bureau.

[[Page 9090]]

List of Subjects

27 CFR Part 1

Administrative practice and procedure, Alcohol and alcoholic
beverages, Imports, Liquors, Packaging and containers, Warehouses,
Wine.

27 CFR Part 17

Administrative practice and procedure, Claims, Cosmetics, Customs
duties and inspection, Drugs, Excise taxes, Exports, Imports, Liquors,
Packaging and containers, Puerto Rico, Reporting and recordkeeping
requirements, Spices and flavorings, Surety bonds, Virgin Islands.

27 CFR Part 19

Administrative practice and procedure, Alcohol and alcoholic
beverages, Authority delegations (Government agencies), Caribbean Basin
initiative, Chemicals, Claims, Customs duties and inspection,
Electronic funds transfers, Excise taxes, Exports, Gasohol, Imports,
Labeling, Liquors, Packaging and containers, Puerto Rico, Reporting and
recordkeeping requirements, Research, Security measures, Spices and
flavorings, Stills, Surety bonds, Transportation, Vinegar, Virgin
Islands, Warehouses, Wine.

27 CFR Part 24

Administrative practice and procedure, Claims, Electronic funds
transfers, Excise taxes, Exports, Food additives, Fruit juices,
Labeling, Liquors, Packaging and containers, Reporting and
recordkeeping requirements, Research, Scientific equipment, Spices and
flavorings, Surety bonds, Vinegar, Warehouses, Wine.

27 CFR Part 26

Alcohol and alcoholic beverages, Caribbean Basin initiative,
Claims, Customs duties and inspection, Electronic funds transfers,
Excise taxes, Packaging and containers, Puerto Rico, Reporting and
recordkeeping requirements, Surety bonds, Virgin Islands, Warehouses.

27 CFR Part 28

Aircraft, Alcohol and alcoholic beverages, Armed forces, Beer,
Claims, Excise taxes, Exports, Foreign trade zones, Labeling, Liquors,
Packaging and containers, Reporting and recordkeeping requirements,
Surety bonds, Vessels, Warehouses, Wine.

27 CFR Part 30

Liquors, Scientific equipment.

27 CFR Part 31

Alcohol and alcoholic beverages, Claims, Excise taxes, Exports,
Packaging and containers, Reporting and recordkeeping requirements.

Authority and Issuance

For the reasons explained in the preamble, TTB amends chapter I of
title 27 of the Code of Federal Regulations as follows:

PART 1--BASIC PERMIT REQUIREMENTS UNDER THE FEDERAL ALCOHOL
ADMINISTRATION ACT, NONINDUSTRIAL USE OF DISTILLED SPIRITS AND
WINE, BULK SALES AND BOTTLING OF DISTILLED SPIRITS

0
1. The authority citation for 27 CFR part 1 continues to read as
follows:

Authority: 27 U.S.C. 203, 204, 206, 211 unless otherwise noted.

Sec. 1.82 [Amended]

0
2. In Sec. 1.82, paragraph (a) is amended by removing the reference to
``Sec. 19.157'' and adding, in its place, a reference to ``Sec.
19.91''.

PART 17--DRAWBACK ON TAXPAID DISTILLED SPIRITS USED IN
MANUFACTURING NONBEVERAGE PRODUCTS

0
3. The authority citation for 27 CFR part 17 continues to read as
follows:

Authority: 26 U.S.C. 5010, 5111-5114, 5123, 5206, 5273, 6065,
6091, 6109, 7213, 7652, 7805; 31 U.S.C. 9301, 9303, 9304, 9306.

Sec. 17.162 [Amended]

0
4. In Sec. 17.162, paragraphs (d) and (f) are amended by removing the
references to ``Sec. 19.780'' and adding, in their place, references
to ``Sec. 19.626''.

Sec. 17.163 [Amended]

0
5. In Sec. 17.163, paragraph (a) is amended by removing the reference
to ``Sec. 19.780'' and adding, in its place, a reference to ``Sec.
19.626''.

0
6. Part 19 of title 27 Code of Federal Regulations is revised to read
as follows:

PART 19--DISTILLED SPIRITS PLANTS

Sec.
19.0 Scope.
Subpart A--General Provisions
19.1 Definitions.
19.2 Territorial extent of these regulations.
19.3 Related regulations.
19.4 Recovery and reuse of denatured spirits in manufacturing
processes.
19.5 Manufacturing products unfit for beverage use.
Subpart B--Administrative and Miscellaneous Provisions
19.11 Right of entry and examination.
19.12 Furnishing facilities and assistance.
19.13 Assignment of officers and supervision of operations.
19.14 Delegation of the Administrator's authorities to the
appropriate TTB officer.
19.15 Forms prescribed.
19.16 Modified forms.
19.17 Detention of containers.
19.18 Samples for the United States.
19.19 Discontinuance of storage facilities.
19.20 Installation of meters, tanks, and other apparatus.

Alternate Methods or Procedures and Experimental Operations

19.26 lternate methods or procedures.
19.27 Application for and use of alternative method or procedure.
19.28 Emergency variations from requirements.
19.29 Exemptions for national defense and disasters.
19.31 Pilot operations.
19.32 Experimental distilled spirits plants.
19.33 Application to establish experimental plants.
19.34 Experimental or research operations by scientific institutions
and colleges of learning.
19.35 Application by scientific institutions and colleges of
learning for experimental or research operations.
19.36 Spirits produced in industrial processes.
19.37 Application for industrial processes waiver.
19.38 Approval of required documents.

``Penalties of Perjury'' Declaration

19.45 Execution under penalties of perjury.
Subpart C--Restrictions on Production, Location, and Use of Plants
19.51 Home production of distilled spirits prohibited.

Rules for Location and Use of a DSP

19.52 Restrictions on location of plants.
19.53 Continuity of plant premises.
19.54 Use of distilled spirits plant premises.
19.55 Other businesses.
19.56 Bonded warehouses not on premises qualified for production of
spirits.

Conveyance of Spirits or Wines on Plant Premises

19.58 Taxpaid spirits or wines on bonded premises.
19.59 Conveyance of untaxpaid spirits or wines within a distilled
spirits plant.
19.60 Spirits in customs custody.
Subpart D--Registration of a Distilled Spirits Plant and Obtaining a
Permit
19.71 Registration and permits in general.

Requirements for Registering a Plant

19.72 General requirements for registration.
19.73 Information required in application for registration.
19.74 Description of the plant.
19.75 Major equipment.
19.76 Statement of plant security.

[[Page 9091]]

19.77 Statement of production procedure.
19.78 Power of attorney.
19.79 Registry of stills.
19.80 Approved notice of registration.
19.81 Maintenance of registration file.

Requirements for an Operating Permit Under the IRC

19.91 Operating permit.
19.92 Information required in application for operating permit.
19.93 Applicant organization documents.
19.94 Trade names.
19.95 Issuance of operating permits.
19.96 Denial of permit.
19.97 Correction of permit.
19.98 Duration of permit.
19.99 Suspension or revocation of permit.
Subpart E--Changes to Registrations and Permits
19.111 Scope.

Rules for Amending a Registration

19.112 General rules for amending a registration.
19.113 Change in name of proprietor.
19.114 Changes in stockholders or persons with interest.
19.115 Change in officers, directors, members, or managers.
19.116 Change in proprietorship.
19.117 Partnerships.
19.118 Change in location.
19.119 Change in premises.
19.120 Change in operations.
19.121 Change in production procedure.
19.122 Change in construction or use of buildings and equipment.
19.123 Statement of plant security.

Rules for Amending an Operating Permit

19.126 General rules for amending an operating permit.
19.127 Automatic termination of permits.
19.128 Change in name of proprietor.
19.129 Change in trade name.
19.130 Changes in stockholders or persons with interest.
19.131 Changes in officers, directors, members, or managers.
19.132 Change in proprietorship.
19.133 Partnerships.
19.134 Change in location.
19.135 Change in operations.

Alternation of Plant Proprietors

19.141 Procedures for alternation of proprietors.

Conduct of Alternate Operations at a Plant

19.142 Alternate use of premises and equipment for customs purposes.
19.143 Alternation for other purposes.
19.144 Alternation of distilled spirits plant and volatile fruit-
flavor concentrate plant premises.

Discontinuance of Operations

19.147 Notice of discontinuance of operations.
Subpart F--Bonds and Consents of Surety

Bonding Requirements for a DSP

19.151 General.
19.152 Types of bonds.
19.153 Bond guaranteed by a corporate surety.
19.154 Bond guaranteed by deposit of securities.
19.155 Consent of surety bond terms--consent of surety.
19.156 Power of attorney for surety.
19.157 Disapproval of bonds and consents of surety.

Requirements for Operations and Withdrawal Bonds

19.161 Operations bond.
19.162 Operations bond for distilled spirits plant and adjacent
bonded wine cellar.
19.163 Area operations bond.
19.164 Withdrawal bond.
19.165 Unit bonds.
19.166 Required penal sums.
19.167 Increase of bond coverage.
19.168 Superseding bonds.
19.169 Effect of failure to furnish a superseding bond.
19.170 Termination of bonds.
19.171 Surety notice of relief from bond liability.
19.172 Relief of surety from bond liability.
19.173 Release of pledged securities.
Subpart G--Construction, Equipment, and Security Requirements
19.181 General.

Tank Requirements

19.182 Tanks--general requirements.
19.183 Scale tanks.
19.184 Scale tank minimum graduations.
19.185 Testing scale tanks for accuracy.

Package Scale and Pipeline Requirements

19.186 Package scales.
19.187 Pipelines.

Measuring and Proofing Equipment Requirements

19.188 Measuring devices and proofing instruments.

Other Plant Requirements

19.189 Identification of structures, areas, apparatus, and
equipment.
19.190 Office facilities for TTB use.
19.191 Signs.
19.192 Security.
19.193 Breaking Government locks.
Subpart H--Dealer Registration and Recordkeeping
19.201 Definitions.
19.202 Dealer registration.
19.203 Amending the dealer registration.
19.204 Dealer records.
Subpart I--Distilled Spirits Taxes
19.221 Scope.

Basic Provisions of Tax Law Affecting Spirits

19.222 Basic tax law provisions.
19.223 Persons liable for tax.

Requirements for Gauging and Tax Determination

19.225 Requirement to gauge and tax determine spirits.
19.226 Gauges for tax determination.
19.227 Determination of the tax.

Rules for Deferred Payment and Prepayment of Taxes

19.229 Deferred payment and prepayment of taxes.
19.230 Conditions requiring prepayment of taxes.
19.231 Accounting for bond coverage.

Requirements for Filing Tax Returns

19.233 Filing prepayment returns.
19.234 Filing deferred payment returns.
19.235 Deferred payment return periods--quarterly and semimonthly.
19.236 Due dates for returns.
19.237 Special rule for semimonthly filers for the month of
September.
19.238 Payment by mail or courier.
19.239 Form of payment.
19.240 Payment of tax by electronic fund transfer.

Requirements for Employer Identification Numbers

19.242 Employer identification number.
19.243 Application for employer identification number.

Effective Tax Rates

19.245 Tax credits under 26 U.S.C. 5010.
19.246 Computing the effective tax rate for a product.
19.247 Use of effective (actual) tax rates.
19.248 Standard effective tax rate.
19.249 Average effective tax rate.
19.250 Inventory reserve account.

Assessment of Taxes by TTB

19.253 Assessment of tax on spirits not accounted for or reported.
19.254 Assessment of tax for losses or unauthorized removals.

Additional Tax Provisions

19.256 Tax on wine.
19.257 Imported spirits.
19.258 Additional tax on nonbeverage spirits.
Subpart J--Claims
19.261 Scope.

Requirements for Filing Claims

19.262 General requirements for filing claims.
19.263 Claims on spirits, denatured spirits, articles, or wines lost
or destroyed in bond--specific requirements.
19.264 Claims on spirits returned to bonded premises--specific
requirements.
19.265 Claims relating to spirits lost after tax determination.

Rules Regarding Credits, Abatement, Remission, or Refund

19.266 Claims for credit of tax.
19.267 Adjustments for credited tax.
19.268 Allowance of remission, abatement, credit, or refund of tax.

Rules for Puerto Rican and Virgin Islands Spirits

19.269 Puerto Rican and Virgin Islands spirits.
Subpart K--Gauging
19.281 Scope.
19.282 General requirements for gauging and measuring equipment.

[[Page 9092]]

Required Gauges

19.283 When gauges are required.

Rules for Gauging

19.284 Quantity determination of bulk spirits.
19.285 Proof determination of distilled spirits.
19.286 Gauging of spirits in bottles.
19.287 Gauging of alcoholic flavoring materials.
19.288 Determination of tare.
19.289 Production gauge.
Subpart L--Production of Distilled Spirits
19.291 General.

Notification to TTB When Beginning or Suspending Production Operations

19.292 Notice of operations.

Rules for Receipt, Use, and Disposal of Materials

19.293 Receipt of materials.
19.294 Removal of fermenting material.
19.295 Removal or destruction of distilling material.
19.296 Fermented materials.
19.297 Use of materials in production of spirits.

Rules for Production of Spirits

19.301 Distillation.
19.302 Treatment during production.
19.303 Addition of caramel to rum or brandy and addition of oak
chips to spirits.
19.304 Production gauge.
19.305 Identification of spirits.
19.306 Entry.
19.307 Distillates containing extraneous substances.

Rules for Chemical Byproducts

19.308 Spirits content of chemicals produced.
19.309 Disposition of chemicals.
19.310 Wash water.

Production Inventories

19.312 Physical inventories.

Rules for Redistillation

19.314 General.
19.315 Receipts for redistillation.
19.316 Redistillation.
Subpart M--Storage of Distilled Spirits
19.321 General.

Receipt and Storage of Spirits and Wines

19.322 Receipt and storage of bulk spirits and wines.

Rules for Filling and Changing Packages

19.324 Filling of packages from tanks.
19.325 Change of packages.

Rules for Mingling or Blending Spirits

19.326 Mingling or blending of spirits for further storage.
19.327 Packages dumped for mingling.
19.328 Determining age of mingled spirits.
19.329 Mingled spirits or wines held in tanks.

Use of Oak Chips and Caramel

19.331 Use of oak chips in spirits and caramel in brandy and rum.

Storage Inventories

19.333 Physical inventories.
Subpart N--Processing of Distilled Spirits
19.341 General.

Rules for Receipt and Use of Spirits, Wines, and Alcoholic Flavoring
Materials

19.342 Receipt of spirits, wines, and alcoholic flavoring materials
for processing.
19.343 Use of spirits, wines, and alcoholic flavoring materials.
19.344 Manufacture of nonbeverage products, intermediate products,
or eligible flavors.

Obscuration Determination

19.346 Determining obscuration.

Filing Formulas with TTB

19.348 Formula requirements.

Rules for Bottling, Packaging, and Removal of Products

19.351 Removals from processing.
19.352 Bottling tanks.
19.353 Bottling tank gauge.
19.354 Bottling or packaging records.
19.355 Labels describing the spirits.
19.356 Alcohol content and fill.
19.357 Completion of bottling.
19.358 Cases.
19.359 Remnants.
19.360 Filling packages.
19.361 Removals by bulk conveyances or pipelines.
19.362 Rebottling.
19.363 Reclosing and relabeling.
19.364 Bottled-in-bond spirits.
19.365 Spirits not originally intended for export.
19.366 Alcohol.

Requirements for Processing Inventories

19.371 Inventories of wines and bulk spirits in processing.
19.372 Physical inventories of bottled and packaged spirits.
Subpart O--Denaturing Operations and Manufacture of Articles
19.381 General.
19.382 Formulas.

Rules for Denaturing Spirits and Testing Denaturants

19.383 Gauge for denaturation.
19.384 Adding denaturants to spirits.
19.385 Making alcohol or water solutions of denaturants.
19.386 Adjusting pH of denatured spirits.
19.387 Ensuring the quality of denaturants.

Rules for Storing Denatured Spirits and Filling Containers

19.388 Storing denatured spirits.
19.389 Filling containers from tanks.
19.390 Container marking requirements.

Rules for Mixing and Converting Denatured Spirits

19.391 Mixing denatured spirits.
19.392 Converting denatured alcohol to a different formula.

Rules for Restoration and Redenaturation, Inventories, and Manufacture
of Articles; Records Required

19.393 Restoration and redenaturation of recovered denatured spirits
and recovered articles.
19.394 Inventory of denatured spirits.
19.395 Manufacture of articles.
19.396 Required records.
Subpart P--Transfers, Receipts, and Withdrawals
19.401 Authorized transactions.

Transfers Between Bonded Premises

19.402 Authorized transfers in bond.
19.403 Application to receive spirits in bond.
19.404 Termination of application.
19.405 Consignor for in-bond shipments.
19.406 Reconsignment of in-bond shipments.
19.407 Consignee premises.

Receipt of Spirits from Customs Custody

19.409 General.
19.410 Age and fill date.
19.411 Recording gauge.

Marking Requirements for Imported Spirits

19.414 Marks on containers of imported spirits.
19.415 Marks on containers of Puerto Rican and Virgin Islands
spirits.

Spirits Withdrawn Without Payment of Tax

19.418 Authorized withdrawals without payment of tax.
19.419 Withdrawals of wine spirits for use in wine production.
19.420 Withdrawals of spirits without payment of tax for
experimental or research use.
19.421 Withdrawals of spirits for use in production of nonbeverage
wine and nonbeverage wine products.

Spirits Withdrawn Free of Tax

19.424 Authorized withdrawals free of tax.
19.425 Withdrawal of spirits free of tax.
19.426 Withdrawal of spirits by the United States.
19.427 Removal of denatured spirits and articles.
19.428 Reconsignment.

Spirits Withdrawn on Production Gauge

19.431 Withdrawal of spirits on production gauge.

Rules for Taking Sample of Spirits

19.434 Spirits withdrawn from bonded premises.
19.435 Samples used on bonded premises.
19.436 Taxpayment of samples.
19.437 Labels.

Securing Conveyances

19.441 Securing of conveyances.
Subpart Q--Return of Spirits to Bonded Premises and Voluntary
Destruction
19.451 Scope.

[[Page 9093]]

Conditions for Return of Spirits to Bond

19.452 Return of taxpaid spirits to bonded premises for destruction,
denaturation, redistillation, reconditioning, or rebottling.
19.453 Return of bottled spirits for relabeling or reclosing.
19.454 Other authorized returns to bonded premises.
19.455 Return of spirits withdrawn for export with benefit of
drawback.
19.457 Receipt of spirits abandoned to the United States.

Rules for Voluntary Destruction

19.459 Voluntary destruction.
Subpart R--Losses and Shortages
19.461 Losses and shortages in general.
19.462 Determination of losses in bond.
19.463 Loss of spirits from packages.
19.464 Losses after tax determination.
19.465 Shortages of bottled spirits.
Subpart S--Containers and Marks
19.471 General.
19.472 Need to determine use of spirits--industrial or
nonindustrial.

Requirements for Containers

19.473 Authorized containers.
19.474 Spirits for nonindustrial use.
19.475 Spirits for industrial use.
19.476 Packages.
19.477 Use of bulk conveyances.
19.478 Construction requirements for bulk conveyances.
19.479 Restrictions on dispositions of bulk spirits.

Marking Requirements for Spirits

19.482 General.
19.483 Specifications for marks.
19.484 Marks on packages filled in production or storage.
19.485 Package identification numbers in production and storage.
19.486 Change of packages in storage.
19.487 Kind of spirits.
19.488 Marks on packages filled in processing.
19.489 Marks on cases filled in processing.
19.490 Numbering of packages and cases filled in processing.
19.491 Marks on containers of specially denatured spirits.
19.492 Marks on containers of completely denatured alcohol.
19.493 Caution label for completely denatured alcohol.
19.494 Additional marks on portable containers.
19.495 Marks on bulk conveyances.
19.496 Cases of industrial alcohol.
19.497 Obliteration of marks.
19.498 Relabeling and reclosing off bonded premises.
19.499 Authorized abbreviations to identify marks.
Subpart T--Liquor Bottle, Label, and Closure Requirements

Authorized Liquor Bottles

19.511 Bottles authorized.
19.512 Bottles not constituting approved containers.
19.513 Distinctive liquor bottles.

Labeling Requirements

19.516 Certificate of label approval or exemption.
19.517 Statements required on labels under an exemption from label
approval.
19.518 Name and address of bottler.
19.519 Labels for export spirits.
19.520 Spirits for shipment to Puerto Rico.

Closure Requirements

19.523 Affixing closures.
19.525 Reclosing.
Subpart U--[Reserved]
Subpart V--Records and Reports

General Rules for Records

19.571 Records in general.
19.572 Format of records.
19.573 Location of required records.
19.574 Availability of records.
19.575 Retention of records.
19.576 Preservation of records.
19.577 Documents that are not records.
19.578 Financial records and books of account.
19.580 Time for making entries in records.
19.581 Details of daily records.
19.582 Conversion from metric to U.S. units.

Production Records

19.584 Materials for the production of distilled spirits.
19.585 Production and withdrawal records.
19.586 Byproduct spirits production records.

Storage Records

19.590 Storage operations.
19.591 Package summary records.
19.592 Tank record of wine and spirits of less than 190[deg] of
proof.
19.593 Tank summary record for spirits of 190[deg] or more of proof.

Processing Records

19.596 Processing records in general.
19.597 Manufacturing records.
19.598 Dump/batch records.
19.599 Bottling and packaging records.
19.600 Alcohol content and fill test record.
19.601 Finished products records.
19.602 Redistillation records.
19.603 Liquor bottle records.
19.604 Rebottling, relabeling, and reclosing records.

Denaturation and Article Manufacture Records

19.606 Denaturation records.
19.607 Article manufacture records.

Tax Records

19.611 Records of tax determination in general.
19.612 Summary records of tax determinations.
19.613 Average effective tax rate records.
19.614 Inventory reserve records.
19.615 Standard effective tax rate records.

Other Required Records

19.616 Records of samples.
19.617 Destruction records.
19.618 Gauge records.
19.619 Package gauge records.
19.620 Transfer record--consignor's responsibility.
19.621 Transfer record--consignee's responsibility.
19.622 Daily records of wholesale liquor dealer and taxpaid
storeroom operations.
19.623 Records of inventories.
19.624 Removal of Puerto Rican and Virgin Islands spirits and rum
imported from all other areas.
19.625 Shipping records for spirits and specially denatured spirits
withdrawn free of tax.
19.626 Records of distilled spirits shipped to manufacturers of
nonbeverage products.
19.627 Alternating premises record.

Filing Forms and Reports

19.631 Submission of transaction forms.
19.632 Submission of monthly reports.
19.634 Computer-generated reports and transaction forms.
Subpart W--Production of Vinegar by the Vaporizing Process

Vinegar Plants in General

19.641 Application.

Qualification, Construction, and Equipment Requirements for Vinegar
Plants

19.643 Qualification requirements.
19.644 Changes after original qualification.
19.645 Notice of permanent discontinuance of business.
19.646 Construction and equipment requirements.

Rules for Operating Vinegar Plants

19.647 Authorized operations.
19.648 Conduct of operations.
19.649 Restrictions on alcohol content.

Required Records for Vinegar Plants

19.650 Daily records.

Liability for Distilled Spirits Tax

19.651 Liability for distilled spirits tax.
Subpart X--Distilled Spirits for Fuel Use
19.661 Scope.

General

19.662 Definitions.
19.663 Application of other provisions.
19.665 Alternate methods or procedures.
19.666 Application for and use of an alternate method or procedure.
19.667 Emergency variations from requirements.

Liability for Taxes

19.669 Distilled spirits taxes.
19.670 Dealer registration and recordkeeping.

Obtaining a Permit

19.672 Types of plants.
19.673 Small plant permit applications.
19.674 TTB action on small plant applications.
19.675 Medium plant permit applications.
19.676 Large plant permit applications.
19.677 Large plant applications--organizational documents.

[[Page 9094]]

19.678 Criteria for issuance of permit.
19.679 Duration of permit.
19.680 Registration of stills.

Changes to Permit Information

19.683 Changes affecting permit applications.
19.684 Automatic termination of permits.
19.685 Change in type of alcohol fuel plant.
19.686 Change in name of proprietor.
19.687 Change in officers, directors, members, managers, or
principal persons.
19.688 Change in proprietorship.
19.689 Continuing partnerships.
19.690 Change in location.
19.691 Change in address without change in location or area.

Alternating Proprietorship

19.692 Qualifying for alternating proprietorship.
19.693 Operating requirements for alternating proprietorships.

Discontinuance of Business and Permit Suspension or Revocation

19.695 Notice of permanent discontinuance.
19.697 Permit suspension or revocation.

Bonds

19.699 General bond requirements.
19.700 Amount of bond.

Requirements for Construction, Equipment, and Security

19.703 Construction and equipment.
19.704 Security.

TTB Rights and Authorities

19.706 Supervision of operations.

Accounting for Spirits

19.709 Gauging.
19.710 Inventory of spirits.

Recordkeeping

19.714 General requirements for records.
19.715 Format of records.
19.716 Maintenance and retention of records.
19.717 Time for making entries in records.
19.718 Required records.
19.719 Spirits made unfit for beverage use in the production
process.

Reports

19.720 Reports.

Redistillation

19.722 General rules for redistillation of spirits or fuel alcohol.
19.723 Effect of redistillation on plant size and bond amount.
19.724 Records of redistillation.

Rules for Use, Withdrawal, and Transfer of Spirits

19.726 Prohibited uses, transfers, and withdrawals.
19.727 Use on premises.
19.728 Withdrawal of spirits.
19.729 Withdrawal of fuel alcohol.

Transfer of Spirits Between Alcohol Fuel Plants

19.733 Authorized transfers between alcohol fuel plants.
19.734 Consignor for in-bond shipments.
19.735 Reconsignment while in transit.
19.736 Consignee for in-bond shipments.

Transfer of Spirits to and From Distilled Spirits Plants

19.739 Authorized transfers to or from distilled spirits plants.

Receipt of Spirits From Customs Custody

19.742 Authorized transfers from customs custody.

Materials for Making Spirits Unfit for Beverage Use

19.746 Authorized materials.
19.747 Other materials.

Rules for Taking Samples

19.749 Samples.

Marking Requirements

19.752 Marks.
Subpart Y--Paperwork Reduction Act
19.761 OMB control numbers assigned under the Paperwork Reduction
Act.

Authority: 19 U.S.C. 81c, 1311; 26 U.S.C. 5001, 5002, 5004-
5006, 5008, 5010, 5041, 5061, 5062, 5066, 5081, 5101, 5111-5114,
5121, 5122-5124, 5142, 5143, 5146, 5148, 5171-5173, 5175, 5176,
5178-5181, 5201-5204, 5206, 5207, 5211-5215, 5221-5223, 5231, 5232,
5235, 5236, 5241-5243, 5271, 5273, 5301, 5311-5313, 5362, 5370,
5373, 5501-5505, 5551-5555, 5559, 5561, 5562, 5601, 5612, 5682,
6001, 6065, 6109, 6302, 6311, 6676, 6806, 7011, 7510, 7805; 31
U.S.C. 9301, 9303, 9304, 9306.

Sec. 19.0 Scope.

This part concerns the operation of distilled spirits plants in the
United States. Topics covered in this part include: Permits and
registration procedures; bond requirements; payment of taxes; filing of
claims; production, storage, and processing operations; and maintenance
of records.

Subpart A--General Provisions

Sec. 19.1 Definitions.

As used in this part, the following terms shall have the meanings
indicated unless either the context in which they are used requires a
different meaning, or a different definition is prescribed for a
particular subpart, section, or portion of this part:
Accurate mass flow meter. A mass flow meter for making volume
determinations of bulk distilled spirits. A mass flow meter used for
tax determination of bulk spirits must be certified by the manufacturer
of the meter or other qualified person as accurate within a tolerance
of plus or minus 0.1 percent. A mass flow meter used for all other
required volume determinations of bulk spirits must be certified by the
manufacturer of the meter or other qualified person as accurate within
a tolerance of plus or minus 0.5 percent.
Administrator. The Administrator of the Alcohol and Tobacco Tax and
Trade Bureau, the Department of the Treasury, Washington, D.C., or a
delegate or designee of the Administrator.
Alcoholic flavoring materials. Any nonbeverage product on which
drawback has been or will be claimed under 26 U.S.C. 5111-5114, and any
flavor imported free of tax which is unfit for beverage purposes. This
term includes eligible flavors but does not include flavorings or
flavoring extracts manufactured on the bonded premises of a distilled
spirits plant as an intermediate product.
Application for registration. The application for registration of a
distilled spirits plant that is required by 26 U.S.C. 5171(c).
Appropriate TTB officer. An officer or employee of the Alcohol and
Tobacco Tax and Trade Bureau (TTB) authorized to perform any functions
relating to the administration or enforcement of this part by TTB Order
1135.19, Delegation of the Administrator's Authorities in 27 CFR Part
19, Distilled Spirits Plants.
Article. A product containing denatured spirits, which was
manufactured under this part or part 20 of this chapter.
Bank. Any commercial bank.
Banking day. Any day that a bank is open to the public to carry on
substantially all of its banking functions.
Basic permit. The document that authorizes a person to engage in a
designated business or activity under the Federal Alcohol
Administration Act.
Bond. A bond is a formal guarantee for payment of monies due to
TTB, including taxes imposed by 26 U.S.C. chapter 51, and any related
fines, penalties or interest that the proprietor of a distilled spirits
plant may incur, up to an amount specified by the bond (the bond
``penal sum'').
Bonded premises. The premises of a distilled spirits plant, or part
thereof, as described in the application for registration, on which the
conduct of distilled spirits operations defined in 26 U.S.C. 5002 is
authorized.
Bottler. A proprietor of a distilled spirits plant qualified under
this part as a processor that bottles distilled spirits.
Bulk container. Any container approved by TTB having a capacity in
excess of one wine gallon.
Bulk conveyance. A tank car, tank truck, tank ship, tank barge, or
a

[[Page 9095]]

compartment of any such conveyance, or any other container approved by
the Administrator for the conveyance of comparable quantities of
spirits, including denatured spirits and wines.
Bulk distilled spirits. Distilled spirits in a container having a
capacity in excess of one wine gallon.
Business day. Any day, other than a Saturday, a Sunday, or a legal
holiday (which includes any holiday in the District of Columbia and any
statewide holiday in the particular State in which the claim, report,
or return, as the case may be, is required to be filed, or the act is
required to be performed).
Calendar quarter and quarterly. These terms refer to the 3-month
periods ending on March 31, June 30, September 30, or December 31.
Carrier. Any person, company, corporation, or organization,
including a proprietor, owner, consignor, consignee, or bailee, who
transports distilled spirits, denatured spirits, or wine in any manner
for itself or others.
CFR. The Code of Federal Regulations.
Commercial bank. A bank, whether or not a member of the Federal
Reserve system, which has access to the Federal Reserve Communications
System or Fedwire (a communications network that allows Federal Reserve
system member banks to effect a transfer of funds for their customers
(or other commercial banks) to the Treasury Account at the Federal
Reserve Bank of New York).
Container. A receptacle, vessel, or form of bottle, can, package,
tank or pipeline (where specifically included) used or capable of being
used to contain, store, transfer, convey, remove, or withdraw spirits
and denatured spirits.
Denaturant or denaturing material. Any material authorized by part
21 of this chapter for addition to spirits in the production of
denatured spirits.
Denatured spirits. Spirits to which denaturants have been added as
provided in part 21 of this chapter.
Director of the service center. A director of an Internal Revenue
Service Center.
Distilled spirits operations. Any authorized distilling,
warehousing, or processing operation conducted on the bonded premises
of a plant qualified under this part.
Distilled spirits plant. An establishment which is qualified under
this part to conduct distilled spirits operations.
Distiller. Any person who:
(1) Produces distilled spirits from any source or substance;
(2) Brews or makes mash, wort, or wash fit for distillation or for
the production of distilled spirits (other than making or using of
mash, wort, or wash in the authorized production of wine or beer, or in
the production of vinegar by fermentation);
(3) By any process separates alcoholic spirits from any fermented
substance; or
(4) Making or keeping mash, wort, or wash, has a still in his
possession or use.
Distilling material. Any fermented or other alcoholic substance
capable of, or intended for use in, the original distillation or other
original processing of spirits.
District director. A district director of the Internal Revenue
Service.
Effective tax rate. The net tax rate, after reduction for any
credit allowable under 26 U.S.C. 5010 for wine and flavor content, at
which the tax imposed on distilled spirits by 26 U.S.C. 5001 or 7652 is
paid or determined.
Electronic fund transfer or EFT. Any transfer of funds effected by
the proprietor's commercial bank, either directly or through a
correspondent banking relationship, via the Federal Reserve
Communications System or Fedwire to the Treasury Account at the Federal
Reserve Bank of New York.
Eligible flavor. A flavor which:
(1) Is of a type that is eligible for drawback of tax under 26
U.S.C. 5114;
(2) Was not manufactured on the premises of a distilled spirits
plant; and
(3) Was not subjected to distillation on distilled spirits plant
premises such that the flavor does not remain in the finished product.
Eligible wine. Wine on which tax would be imposed by paragraph (1),
(2), or (3) of 26 U.S.C. 5041(b) but for its removal to distilled
spirits plant premises and which has not been subject to distillation
at a distilled spirits plant after receipt in bond.
Export or exportation. A separation of goods from the mass of goods
belonging to the United States with the intention of uniting them with
goods belonging to a foreign country or any possession of the United
States, including the Commonwealth of Puerto Rico, the U.S. Virgin
Islands, American Samoa, and Guam.
Fermenting material. Any material that will be subject to a process
of fermentation in order to produce distilling material.
Fiduciary. A guardian, trustee, executor, administrator, receiver,
conservator, or any person acting in any fiduciary capacity for any
person.
Fiscal year. The period October 1st of one calendar year through
September 30th of the following calendar year.
Gallon or wine gallon. The liquid measure equivalent to the volume
of 231 cubic inches.
General premises. Any business office, service facility, or other
part of the premises described in the notice of registration other than
bonded premises.
In bond. When used to describe spirits, denatured spirits,
articles, or wine, this term refers to spirits, denatured spirits,
articles, or wine held under bond to secure the payment of the taxes
imposed by 26 U.S.C. chapter 51, and on which those taxes have not been
determined. The term also refers to such spirits, denatured spirits,
articles, or wine on the bonded premises of a distilled spirits plant,
and such spirits, denatured spirits, or wines that are in transit
between bonded premises (including, in the case of wine, bonded wine
cellar premises). In addition, the term refers to spirits in transit
from customs custody to bonded premises, and spirits withdrawn without
payment of tax under 26 U.S.C. 5214, and with respect to which relief
from liability has not occurred under 26 U.S.C. 5005(e)(2).
Industrial use. When used with reference to spirits, the meaning
given to the term in Sec. 19.472.
Intermediate product. Any product manufactured according to an
approved formula under part 5 of this chapter, intended not for sale as
such but for use in the manufacture of a distilled spirits product.
IRC. The Internal Revenue Code of 1986, as amended.
Kind. Except as provided in Sec. 19.597, when used with reference
to spirits, this term means class and type as prescribed in part 5 of
this chapter. When used with reference to wines, this term means the
class and type of wine as prescribed in part 4 of this chapter.
Letterhead application. A letter on a company's letterhead or other
piece of paper that clearly shows the company name from a company
representative with signature authority. A letterhead application is
subject to TTB approval prior to any change requested in the letter.
Letterhead notice. A letter on a company's letterhead or other
piece of paper that clearly shows the company name from a company
representative with signature authority. A letterhead notice does not
require approval by TTB prior to the change.
Liquor bottle. A bottle made of glass or earthenware, or of other
suitable material approved by the Food and Drug Administration, which
has been designed or is intended for use as a container for distilled
spirits for sale for beverage purposes and which has been

[[Page 9096]]

determined by the Administrator to adequately protect the revenue.
Liter. A metric unit of capacity equal to 1,000 cubic centimeters
or 1,000 milliliters (ml) of alcoholic beverage, and equivalent to
33.814 fluid ounces.
Lot identification number. The package identification number
described in 27 CFR 19.485.
Mash, wort, wash. Any fermented material capable of, or intended
for, use as a distilling material.
National Revenue Center: TTB's National Revenue Center, in
Cincinnati, Ohio.
Nonindustrial use. When used with reference to spirits, the meaning
given to the term in Sec. 19.472.
Operating permit. The document issued pursuant to 26 U.S.C.
5171(d), that authorizes a person to engage in the business or
operation described in the document.
Package. A cask or barrel or similar wooden container, or a drum or
similar metal container.
Package identification number. The lot identification number
described in 27 CFR 19.595.
Person. An individual, trust, estate, partnership, association,
company, corporation, limited liability company, limited liability
partnership, or other entity recognized by law as a person.
Plant or distilled spirits plant. An establishment qualified under
this part for distilling, warehousing, processing, or any combination
thereof.
Plant number. The number assigned to a distilled spirits plant by
TTB.
Processor. Except as otherwise provided in 26 U.S.C. 5002(a)(6),
any person qualified under this part who manufactures, mixes, bottles,
or otherwise processes distilled spirits or denatured spirits or who
manufactures any article.
Proof. The ethyl alcohol content of a liquid at 60 degrees
Fahrenheit, stated as twice the percentage of ethyl alcohol by volume.
Proof gallon. A gallon of liquid at 60 degrees Fahrenheit which
contains 50 percent by volume of ethyl alcohol having a specific
gravity of 0.7939 at 60 degrees Fahrenheit referred to water at 60
degrees Fahrenheit as unity, or the alcoholic equivalent thereof.
Proof of distillation. The composite proof of the spirits when the
production gauge is made, or, if the spirits are reduced in proof prior
to the production gauge, the proof of the spirits prior to that
reduction, unless the spirits are subsequently redistilled at a higher
proof than the proof prior to reduction.
Proprietor. The person qualified under this part to operate a
distilled spirits plant.
Reconditioning. The dumping of distilled spirits products in bond
after their bottling or packaging, for filtration, clarification,
stabilization, reformulation, or other purposes, other than
destruction, denaturation, redistillation, or rebottling.
Recovered article. An article containing specially denatured
spirits salvaged without all of its original ingredients, or an article
containing completely denatured alcohol salvaged without all of the
denaturants for completely denatured alcohol, as provided in part 20 of
this chapter.
Season. The period from January 1st through June 30th (spring
season) or the period from July 1st through December 31st (fall
season).
Secretary. The Secretary of the Treasury or his delegate or
designee.
Service center. An Internal Revenue Service Center in any of the
Internal Revenue regions.
Spirits or distilled spirits. The substance known as ethyl alcohol,
ethanol, or spirits of wine in any form (including all dilutions and
mixtures thereof, from whatever source or by whatever process produced)
but not denatured spirits unless specifically stated. The term does not
include mixtures of distilled spirits and wine, bottled at 48[deg]
proof or less, if the mixture contains more than 50 percent wine on a
proof gallon basis.
Spirits residues. Residues, containing distilled spirits, of a
manufacturing process related to the production of an article under
part 20 of this chapter.
Tax-determined or determined. When used with reference to any
distilled spirits to be withdrawn from bond on determination of tax,
that the taxable quantity of spirits has been established.
Taxpaid. When used with reference to distilled spirits, all
applicable taxes imposed by law on those spirits have been determined
or paid as provided by law.
This chapter. Title 27 of the Code of Federal Regulations, Chapter
I, Alcohol and Tobacco Tax and Trade Bureau, Department of the Treasury
(27 CFR chapter I).
Transfer in bond. The removal of spirits, denatured spirits and
wines from one bonded premises to another bonded premises.
Treasury Account. The General Account of the Department of the
Treasury at the Federal Reserve Bank of New York.
TTB. The Alcohol and Tobacco Tax and Trade Bureau of the Department
of the Treasury.
TTB bond. The internal revenue bond as prescribed in 26 U.S.C.
chapter 51.
TTB officer. An officer or employee of TTB authorized to perform
any function relating to the administration or enforcement of the
provisions of this part.
Unfinished spirits. Spirits in the production system prior to
production gauge.
U.S.C. The United States Code.
Warehouseman. A proprietor of a distilled spirits plant qualified
under this part to store bulk distilled spirits.
We. TTB and TTB officers.
Wine gallon. The liquid measure equivalent to the volume of 231
cubic inches.
Wine spirits. Spirits authorized for use in wine production by 26
U.S.C. 5373.

Sec. 19.2 Territorial extent of these regulations.

This part applies to all States of the United States and the
District of Columbia.

Sec. 19.3 Related regulations.

Other regulations relating to distilled spirits and distilled
spirits plants are listed below:

27 CFR part 1--Basic Permit Requirements Under the Federal Alcohol
Administration Act, Nonindustrial Use of Distilled Spirits and Wine,
Bulk Sales and Bottling of Distilled Spirits.
27 CFR part 4--Labeling and Advertising of Wine.
27 CFR part 5--Labeling and Advertising of Distilled Spirits.
27 CFR part 16--Alcoholic Beverage Health Warning Statement.
27 CFR part 17--Drawback on Taxpaid Distilled Spirits Used in
Manufacturing Nonbeverage Products.
27 CFR part 20--Distribution and Use of Denatured Alcohol and Rum.
27 CFR part 21--Formulas for Denatured Alcohol and Rum.
27 CFR part 22--Distribution and Use of Tax-Free Alcohol.
27 CFR part 24--Wine.
27 CFR part 25--Beer.
27 CFR part 26--Liquors and Articles from Puerto Rico and the Virgin
Islands.
27 CFR part 27--Importation of Distilled Spirits, Wines, and Beer.
27 CFR part 28--Exportation of Alcohol.
27 CFR part 29--Stills and Miscellaneous Regulations.
27 CFR part 30--Gauging Manual.
27 CFR part 31--Alcohol Beverage Dealers.
27 CFR part 71--Rules of Practice in Permit Proceedings.
31 CFR part 225--Acceptance of Bonds Secured by Government
Obligations in Lieu of Bonds with Sureties.

Sec. 19.4 Recovery and reuse of denatured spirits in manufacturing
processes.

Certain activities involving distilled spirits are not covered by
this part. Instead, manufacturers who engage in any of the activities
listed below are

[[Page 9097]]

required to comply with the regulations in part 20 of this chapter
relating to the use and recovery of spirits or denatured spirits. Those
activities are:
(a) Use of denatured spirits, or articles or substances containing
denatured spirits, in a process wherein any part or all of the spirits,
including denatured spirits, are recovered;
(b) Use of denatured spirits in the production of chemicals which
do not contain spirits but which are used on the permit premises in the
manufacture of other chemicals resulting in spirits as a byproduct; or
(c) Use of chemicals or substances which do not contain spirits or
denatured spirits (but which were manufactured with specially denatured
spirits) in a process resulting in spirits as a byproduct.

(26 U.S.C. 5273)

Sec. 19.5 Manufacturing products unfit for beverage use.

(a) General. Except as provided in paragraph (b) of this section,
apothecaries, pharmacists, or manufacturers who manufacture or compound
any of the following products using tax paid or tax determined
distilled spirits are not required to register and qualify as a
distilled spirits plant (processor):
(1) Medicines, medicinal preparations, food products, flavors,
flavoring extracts, and perfume, conforming to the standards for
approval of nonbeverage drawback products found in Sec. Sec. 17.131
through 17.137 of this chapter, whether or not drawback is actually
claimed on those products. Except as provided in paragraph (c) of this
section, a formula does not need to be submitted if drawback is not
desired;
(2) Patented and proprietary medicines that are unfit for use for
beverage purposes;
(3) Toilet, medicinal, and antiseptic preparations and solutions
that are unfit for use for beverage purposes;
(4) Laboratory reagents, stains, and dyes that are unfit for use
for beverage purposes; and
(5) Flavoring extracts, syrups, and concentrates that are unfit for
use for beverage purposes.
(b) Exception for beverage products. Products identified in part 17
of this chapter as being fit for beverage use are alcoholic beverages.
Bitters, patent medicines, and similar alcoholic preparations that are
fit for beverage purposes, although held out as having certain
medicinal properties, are also alcoholic beverages. These products are
subject to the provisions of this part and must be manufactured on the
bonded premises of a distilled spirits plant.
(c) Submission of formulas and samples. When requested by the
appropriate TTB officer or when the manufacturer wishes to ascertain
whether a product is unfit for beverage use, the manufacturer will
submit the formula and a sample of the product to the appropriate TTB
officer for examination. TTB will determine whether the product is
unfit for beverage use and whether manufacture of the product is exempt
from qualification requirements.
(d) Change of formula. If TTB finds that a product manufactured
under paragraph (a) of this section is being used for beverage
purposes, or for mixing with beverage spirits other than by a
processor, TTB will notify the manufacturer to stop manufacturing the
product until the formula is changed to make the product unfit for
beverage use and the change is approved by the appropriate TTB officer.
However, the provisions of this paragraph will not prohibit products
which are unfit for beverage use from use in small quantities for
flavoring drinks at the time of serving for immediate consumption.

(26 U.S.C. 5002, 5171)

Subpart B--Administrative and Miscellaneous Provisions

Sec. 19.11 Right of entry and examination.

A TTB officer may enter any distilled spirits plant, any other
premises where distilled spirits operations are carried on, or any
structure or place used in connection with distilled spirits
operations, at any time of day or night. A TTB officer may examine
materials, equipment, and facilities, and make any gauges and
inventories. Whenever a TTB officer states his or her name and office
and demands admittance but is not admitted into the premises or place,
the TTB officer is authorized to use all necessary force to gain entry.

(26 U.S.C. 5203)

Sec. 19.12 Furnishing facilities and assistance.

The proprietor is required to provide TTB officers with the
necessary facilities and assistance in order to gauge spirits in any
container, or to examine any apparatus, equipment, containers, or
materials, at the distilled spirits plant. Also, when requested by a
TTB officer, the proprietor must:
(a) Open any doors and open for examination any containers on the
plant premises; and
(b) Provide the exact locations (including the number of containers
at each location) of all packages and similar portable approved
containers within a given lot and the locations (that is, buildings,
rooms, or areas) where spirits in cases are stored.

(26 U.S.C. 5202, 5203)

Sec. 19.13 Assignment of officers and supervision of operations.

(a) General. TTB may assign TTB officers to a distilled spirits
plant and utilize controls, such as Government locks and seals, if TTB
decides that those measures are necessary to effectively supervise the
operations. If TTB decides that such supervision is necessary:
(1) The proprietor must obtain approval of the plant's hours of
operations from the appropriate TTB officer;
(2) TTB may require the proprietor to submit a schedule of
operations to a TTB officer; and
(3) TTB may require the proprietor to delay any distilled spirits
operation until the proprietor can conduct it in the presence of a TTB
officer.
(b) Notification of supervision. If TTB determines that supervision
of plant operations is necessary, TTB will notify the proprietor of the
extent to which TTB intends to supervise those operations. If TTB
determines later that TTB supervision is no longer necessary, the
appropriate TTB officer will notify the proprietor of that fact.

(26 U.S.C. 5201, 5202, 5553)

Sec. 19.14 Delegation of the Administrator's authorities to the
appropriate TTB officer.

Most of the regulatory authorities of the Administrator contained
in this part are delegated to appropriate TTB officers. These TTB
officers are specified in TTB Order 1135.19, Delegation of the
Administrator's Authorities in 27 CFR Part 19, Distilled Spirits
Plants. Interested persons may obtain a copy of this order by accessing
the TTB Web site (http://www.ttb.gov) or by mailing a request to the
Alcohol and Tobacco Tax and Trade Bureau, National Revenue Center, 550
Main Street, Room 1516, Cincinnati, OH 45202.

Sec. 19.15 Forms prescribed.

(a) TTB prescribes and makes available all forms required by this
part. Persons completing forms must furnish all of the information
required by each form, as indicated by the headings and instructions on
the form or as required by these regulations. Each form must be filed
in accordance with this part and the instructions for the form.
(b) Persons may obtain TTB forms by accessing the TTB Web site
(http://

[[Page 9098]]

www.ttb.gov) or by mailing a request to the TTB National Revenue
Center, 550 Main Street, Suite 8002, Cincinnati, Ohio 45202.

(26 U.S.C. 5207)

Sec. 19.16 Modified forms.

If a proprietor wishes to modify a form prescribed by these
regulations, the proprietor must submit an application for approval of
an alternate method or procedure (see Sec. Sec. 19.26 and 19.27) to
the appropriate TTB officer. The proprietor may not use a modified form
until TTB approves the application. The application to modify a form
must be accompanied by:
(a) A copy of each proposed form with typical entries; and
(b) A statement explaining the need to use a modified form.

(26 U.S.C. 5207)

Sec. 19.17 Detention of containers.

(a) General. A TTB officer may detain any container containing, or
supposed to contain, spirits when the appropriate TTB officer believes
that the required tax on those spirits has not been paid or determined
or that the removal of the container is in violation of law or the
provisions of this part. The appropriate TTB officer will hold the
container at a safe place until it is determined whether the detained
property is subject to forfeiture.
(b) Limitation. A detention under paragraph (a) of this section may
not exceed 72 hours without process of law or intervention of the
appropriate TTB officer. However, the detained container may be kept on
the premises beyond the 72-hour period without process of law or
intervention if the person possessing the container immediately before
its detention executes a waiver of this 72-hour limitation on detention
of the container.

(26 U.S.C. 5311)

Sec. 19.18 Samples for the United States.

TTB officers are authorized to take samples of spirits, denatured
spirits, articles, wines, or other materials from a distilled spirits
plant for analysis, testing, or to determine whether the product
complies with the law and regulations. When TTB removes a sample from a
plant, TTB will give the proprietor a receipt for the sample.

(26 U.S.C. 5201, 5203, 5214, 5362)

Sec. 19.19 Discontinuance of storage facilities.

If TTB determines that a proprietor's bonded storage facility for
spirits is unsafe or unfit for use, or causes excessive waste or loss
of spirits, TTB can require that the proprietor discontinue using the
facility. Further, TTB can require the transfer of the spirits stored
in the facility to another storage facility. The transfer will take
place at such time and under such supervision as TTB may require, and
will be at the expense of the owner or warehouseman of the spirits. If
the owner or warehouseman fails to transfer the spirits within the
prescribed time or to pay the expense of the transfer, as ascertained
and determined by the appropriate TTB officer, the spirits may be
seized and sold. TTB will first apply the proceeds of such sale to the
payment of the taxes due on the spirits and then to the cost and
expense of the sale and removal, and the remaining balance, if any,
will be paid over to the owner or warehouseman.

(26 U.S.C. 5236)

Sec. 19.20 Installation of meters, tanks, and other apparatus.

The appropriate TTB officer may require the proprietor to install
meters, tanks, pipes, or any other apparatus at the proprietor's plant
if that officer decides that the equipment is necessary for the
protection of the revenue. If the proprietor refuses or fails to
install any such apparatus when instructed to do so, the proprietor
will not be permitted to conduct business as a distilled spirits plant.

(26 U.S.C. 5552)

Alternate Methods or Procedures and Experimental Operations

Sec. 19.26 Alternate methods or procedures.

(a) General. The appropriate TTB officer may approve the use of an
alternate method or procedure that varies from the regulatory
requirements in this part if the proprietor shows good cause for its
use and the alternate method or procedure:
(1) Is not contrary to law;
(2) Will not have the effect of waiving an existing regulatory
requirement;
(3) Is consistent with the purpose and effect of the method or
procedure prescribed in this part;
(4) Provides equal security to the revenue; and
(5) Will not cause an increase in cost to the Government and will
not hinder TTB's administration of this part.
(b) Exceptions. TTB will not authorize the use of an alternate
method or procedure relating to the giving of any bond, or to the
assessment, payment, or collection of tax.
(c) Prior approvals. Alternate methods or procedures in effect
prior to April 18, 2011, which are not contrary to the regulations in
this part, are preserved until renewed unless revoked by operation of
law due to the enactment of law that is contrary to the alternate
method or procedure.

(26 U.S.C. 5552, 5556)

Sec. 19.27 Application for and use of alternate method or procedure.

(a) Application. If a proprietor wishes to use an alternate method
or procedure as described in Sec. 19.26, the proprietor must submit a
written letterhead application to the appropriate TTB officer for
approval. The application must identify the method or procedure
specified in the regulation, must describe the proposed alternate
method or procedure in detail, and must explain why the alternate
method or procedure is needed.
(b) Approval and use. The proprietor may not use an alternate
method or procedure until the appropriate TTB officer has in writing
approved the proprietor's application. During the period that the
proprietor is authorized to use the alternate method or procedure, the
proprietor must comply with any conditions imposed on its use by TTB.
TTB may withdraw the approval to use the alternate method or procedure
if TTB finds that the revenue is jeopardized, that the alternate method
or procedure hinders effective administration of the laws or
regulations, that the proprietor has violated any of the conditions
imposed by TTB, or that the circumstances that gave rise to the need
for the alternate method or procedure no longer exist.
(c) Retention. The proprietor must retain each alternate method or
procedure approval as part of the proprietor's records and must make
the approval available for examination by TTB officers upon request.

(26 U.S.C. 5552, 5556)

Sec. 19.28 Emergency variations from requirements.

(a) Application. A proprietor may request emergency approval of the
use of a method or procedure relating to construction, equipment, and
methods of operation that represents a variance from the requirements
of this part. When a proprietor wishes to use an emergency method or
procedure, the proprietor must submit a written letterhead application
to the appropriate TTB officer for approval; the proprietor may send
the application via regular mail, email, or facsimile transmission. The
application must describe the proposed emergency method or procedure
and the emergency situation it will address. For purposes of this
section, an emergency is considered to exist only if it results from a
weather or

[[Page 9099]]

other natural event or from an accident or other event not involving an
intentional act on the part of the proprietor.
(b) Approval. The appropriate TTB officer may approve in writing
the use of an emergency method or procedure if the proprietor
demonstrates that an emergency exists and the proposed method or
procedure:
(1) Is not contrary to law;
(2) Is necessary to address the emergency situation;
(3) Will afford the same security and protection to the revenue as
intended by the regulations; and
(4) Will not hinder the effective administration of this subpart.
(c) Terms of emergency method or procedure approval and use. (1)
The proprietor may not use an emergency method or procedure until the
application has been approved by TTB except when the emergency method
or procedure requires immediate implementation to correct a situation
that threatens life or property. In a situation involving a threat to
life or property, the proprietor may implement the corrective action
while concurrently notifying the appropriate TTB officer by telephone
of the action and filing the required written application. Use of the
emergency method or procedure must conform to any conditions specified
in the approval.
(2) The proprietor must retain the emergency method or procedure
approval as part of the proprietor's records and must make the approval
available for examination by TTB officers upon request.
(3) The emergency method or procedure will automatically terminate
when the situation that created the emergency no longer exists. TTB may
withdraw the approval to use the emergency method or procedure if TTB
finds that the revenue is jeopardized, that the emergency method or
procedure hinders effective administration of the laws or regulations,
or that the proprietor has failed to follow any of the conditions
specified in the approval. When use of the emergency method or
procedure terminates, the proprietor must revert to full compliance
with all applicable regulations.

(26 U.S.C. 5178, 5556)

Sec. 19.29 Exemptions for national defense and disasters.

Whenever TTB finds it is necessary to meet the requirements of
national defense or necessary or desirable by reason of disaster, TTB
may temporarily exempt the proprietor from any provisions of the
internal revenue laws and the provisions of this part relating to
distilled spirits, except those requiring the payment of tax.

(26 U.S.C. 5561, 5562)

Sec. 19.31 Pilot operations.

Except for the filing of any bond or the payment of any tax
provided for in 26 U.S.C. chapter 51, TTB may waive any regulatory
provision in this part for temporary pilot or experimental operations
for the purpose of facilitating the development and testing of improved
methods of governmental supervision (necessary for the protection of
the revenue) over plants. For this purpose, the appropriate TTB officer
may, with the approval of the proprietor thereof, designate any plant
for such operations. Any waiver granted under this section must be in
writing and signed by the appropriate TTB officer. The waiver will
identify the provisions of law and/or regulations waived and the period
of time during which the waiver will be effective. The appropriate TTB
officer may terminate the waiver if he or she determines that the
waiver jeopardizes the revenue.

(26 U.S.C. 5554)

Sec. 19.32 Experimental distilled spirits plants.

(a) General. The appropriate TTB officer may authorize the
establishment and operation of experimental plants for specific and
limited periods of time solely for experimentation in, or development
of:
(1) Sources of materials from which spirits may be produced;
(2) Processes by which spirits may be produced or refined; or
(3) Industrial uses of spirits.
(b) Waiver. The appropriate TTB officer may waive any provision of
26 U.S.C. chapter 51 (other than 26 U.S.C. 5312) and of this part
(other than Sec. 19.33) to the extent necessary to effectuate the
purposes of 26 U.S.C. 5312(b) as outlined in paragraph (a) of this
section. However, TTB will not waive the payment of any tax on spirits
removed from an experimental plant.

(26 U.S.C. 5312)

Sec. 19.33 Application to establish experimental plants.

(a) Application requirements. Any person who wishes to establish an
experimental plant for the purposes specified in Sec. 19.32 must
submit a written application to the appropriate TTB officer and obtain
approval of the proposed experimental plant. The application must:
(1) State the nature, extent, and purpose of the operations to be
conducted;
(2) Describe the operations and equipment;
(3) Describe the location of the plant (including the proximity to
other premises or operations subject to the provisions of 26 U.S.C.
chapter 51); and
(4) Describe the security measures to be provided.
(b) Bond. The applicant must file a bond with the application in
such form and penal sum as required by the appropriate TTB officer.
(c) Approval of application. Before approving the application, the
appropriate TTB officer may require that the applicant submit
additional information if necessary. TTB will not approve the
application and permit operations until the plant conforms to the
specifications stated in the application and the applicant complies
with provisions of 26 U.S.C. chapter 51 and with any provisions in this
part that are not specifically waived.

(26 U.S.C. 5312)

Sec. 19.34 Experimental or research operations by scientific
institutions and colleges of learning.

(a) General. The appropriate TTB officer may authorize any
scientific university, college of learning, or institution of
scientific research to produce, receive, blend, treat, test, and store
spirits, without payment of tax, for experimental or research use but
not for consumption (other than in organoleptic tests) or sale, in
quantities as may be reasonably necessary for those purposes.
(b) Waiver. For purposes of this section, the appropriate TTB
officer may waive any provision of 26 U.S.C. chapter 51 (other than 26
U.S.C. 5312) or this part (other than this section and Sec. 19.35) to
the extent necessary to effect the purposes of 26 U.S.C. 5312(a).
However, TTB will not waive the payment of any tax on distilled spirits
removed from any university, college, or institution.

(26 U.S.C. 5312)

Sec. 19.35 Application by scientific institutions and colleges of
learning for experimental or research operations.

(a) Application requirements. A university, college, or scientific
institution that wants to conduct any of the experimental or research
operations mentioned in Sec. 19.34, must submit a written application
to the appropriate TTB officer and obtain approval for the proposed
operations. The application may be submitted on letterhead. The
application must:
(1) State the nature, extent, and purpose of the operations to be
conducted;

[[Page 9100]]

(2) Describe the operations and equipment;
(3) Describe the location where the operations will be conducted
(including identification of the building or buildings, or the portions
thereof to be used); and
(4) Describe the security measures to be provided.
(b) Bond. The applicant must file a bond with the application in
such form and amount as required by the appropriate TTB officer.
(c) Approval of application. Before approving the application, the
appropriate TTB officer may require that the applicant submit
additional information. The applicant may not commence operations until
authorized by the appropriate TTB officer.
(d) Records and reports. Any university, college, or institution
authorized to conduct experimental or research operations must maintain
records of the quantities of spirits produced, received, and used each
day and must make these records available for inspection by TTB
officers. Universities, colleges, or institutions authorized to conduct
experimental or research operations are not required to submit reports
of operations to TTB unless specifically required by the appropriate
TTB officer.
(e) Discontinuance of operations. When operations authorized under
this section are discontinued, the university, college, or institution
must destroy all remaining spirits and notify the appropriate TTB
officer that operations are discontinued.

(26 U.S.C. 5312)

Sec. 19.36 Spirits produced in industrial processes.

(a) General. Except as otherwise provided in paragraph (b) of this
section, any person who produces distilled spirits in an industrial
process, including spirits produced as a byproduct in connection with
chemical or other processes, is considered to be a distiller and
therefore is required to qualify such operations as a distilled spirits
plant and is subject to the registration requirements under the
provisions of 26 U.S.C. chapter 51 and this part.
(b) Waiver. TTB may waive application of any provision of 26 U.S.C.
chapter 51, or of this part, involving the production of nonpotable
chemical mixtures containing spirits, including any provision relating
to qualification (except the dealer registration requirement) if the
mixture is produced:
(1) For transfer to the bonded premises of a distilled spirits
plant for completion of distilling; or
(2) As a byproduct which would require expensive and complex
equipment for the recovery of spirits, and the mixture:
(i) Would be destroyed on the premises where produced; or
(ii) Would contain a minimum quantity of spirits, taking into
account the procedure employed, would not be subjected to further
operations solely for the purification or recovery of spirits, and
would be found by TTB to be as nonpotable and as difficult to recover
as completely denatured alcohol.

(26 U.S.C. 5201)

Sec. 19.37 Application for industrial processes waiver.

(a) Application for waiver. If the producer of a nonpotable
chemical mixture containing spirits, as described in Sec. 19.36,
wishes to obtain a waiver from the provisions of 26 U.S.C. chapter 51,
or of this part, the producer must submit a written waiver application
to the appropriate TTB officer. The application must include the
following information, as applicable:
(1) The name and address of the producer;
(2) Chemical composition and source of the nonpotable mixture;
(3) Approximate percentages of chemicals and spirits in the
mixture;
(4) Method of operation proposed;
(5) Bonded premises where the mixture will be distilled; and
(6) Any other pertinent information required by the appropriate TTB
officer.
(b) Approval of waiver. The appropriate TTB officer may approve the
waiver if it will not jeopardize the revenue and will not hinder
supervision of the operations. Approval of the application may be
subject to such terms and conditions, and to the furnishing of any
bond, that the appropriate TTB officer determines is necessary.

(26 U.S.C. 5201)

Sec. 19.38 Approval of required documents.

Except as otherwise provided in this part, the appropriate TTB
officer is authorized to approve all documents, bonds, and consents of
surety required by this part.

(26 U.S.C. 5171, 5172, 5173, and 5551)

``Penalties of Perjury'' Declaration

Sec. 19.45 Execution under penalties of perjury.

(a) Declaration. When TTB requires under this part that a document
be executed under penalties of perjury, the document must contain the
following declaration:

I declare under the penalties of perjury that this [insert type
of document, such as report, or claim], including supporting
documents, has been examined by me and, to the best of my knowledge
and belief, is true, correct, and complete.

(b) Signing. The declaration in paragraph (a) of this section must
bear the signature and title of the proprietor or a duly authorized
representative.

(26 U.S.C. 6065)

Subpart C--Restrictions on Production, Location, and Use of Plants

Sec. 19.51 Home production of distilled spirits prohibited.

A person may not produce distilled spirits at home for personal
use. Except as otherwise provided by law, distilled spirits may only be
produced by a distilled spirits plant registered with TTB under the
provisions of 26 U.S.C. 5171. All distilled spirits produced in the
United States are subject to the tax imposed by 26 U.S.C. 5001.

(26 U.S.C. 5001, 5601, and 5602)

Rules for Location and Use of a DSP

Sec. 19.52 Restrictions on location of plants.

A person who intends to establish a distilled spirits plant may not
locate it in any of the following places:
(a) In any residence, shed, yard, or enclosure connected to a
residence;
(b) On any vessel or boat;
(c) Where beer or wine is produced;
(d) Where liquors are sold at retail; or
(e) Where any other business is conducted except as provided in
Sec. 19.54.

(26 U.S.C. 5178)

Sec. 19.53 Continuity of plant premises.

As a general rule, the premises of a distilled spirits plant must
be continuous except for separations by public waterways, roads, or
carrier rights-of-way. However, the appropriate TTB officer may approve
the registration of the plant where there are separations of the plant
premises and all parts of the plant are in the same general location
if:
(a) There is no jeopardy to revenue caused by the separation of
premises; and
(b) The separation of premises does not create administrative
problems for TTB.

(26 U.S.C. 5178)

Sec. 19.54 Use of distilled spirits plant premises.

(a) General. A person may not conduct any business or operation on

[[Page 9101]]

the premises of a distilled spirits plant unless the business or
operation is authorized by the notice of registration on file with TTB
or authorized under Sec. 19.55.
(b) Bonded premises. The proprietor must use the bonded premises of
a distilled spirits plant exclusively for distilled spirits operations.
The proprietor must store packaged spirits, cases of spirits, or
portable containers of spirits in a room or building on bonded
premises. TTB may approve another method of storage as an alternate
method or procedure. However, the proprietor must apply for, and
receive approval for another method of storage from the appropriate TTB
officer in accordance with Sec. 19.27 before using that method.
(c) General premises. General premises are any portion of the
distilled spirits plant described in the notice of registration other
than bonded premises. A person may not use the general premises of a
distilled spirits plant for any operation required under the provisions
of this part to be conducted on bonded premises.

(26 U.S.C. 5178)

Sec. 19.55 Other businesses.

(a) The appropriate TTB officer may authorize the conduct of a
business other than that of a distiller, warehouseman, or processor on
the premises of a distilled spirits plant if:
(1) The business is not prohibited by 26 U.S.C. 5601(a)(6);
(2) The business will not jeopardize the revenue;
(3) The business will not hinder TTB's effective administration of
this part; and
(4) The business will not be contrary to law.
(b) A person who wishes to conduct another business at a distilled
spirits plant must apply for such authorization in accordance with
Sec. Sec. 19.73(b) or 19.120(b) and receive approval from the
appropriate TTB officer before operating the other business. The
approval will specify whether the other business may be conducted on
the bonded premises or on the general premises.

(26 U.S.C. 5178)

Sec. 19.56 Bonded warehouses not on premises qualified for production
of spirits.

(a) Criteria for establishment. As a general rule, if a person
intends to establish a bonded warehouse, other than one established on
the bonded premises of a distilled spirits plant qualified for the
production of spirits or contiguous to such premises, the proposed
warehouse must have a minimum capacity of 250,000 wine gallons of bulk
spirits and the need for such a warehouse must be clearly shown. TTB
may consider an application to establish a bonded warehouse with less
capacity provided a need is clearly shown.
(b) Application. The applicant must submit a separate written
request along with the application for registration explaining the need
for the bonded warehouse. TTB may approve the application for
registration if:
(1) The proposed location for the warehouse will not jeopardize the
revenue; and
(2) The applicant provides evidence showing sufficient need for
establishing such a warehouse.
(c) Special conditions. Based on the application and request, TTB
may limit the type of operations that may be conducted at the bonded
warehouse. The proprietor of a warehouse approved for a limited type of
operation may not expand or change the operation to include any other
type of operation without application to and approval of the
appropriate TTB officer.

(26 U.S.C. 5171 and 5178)

Conveyance of Spirits or Wines on Plant Premises

Sec. 19.58 Taxpaid spirits or wines on bonded premises.

The proprietor may move tax paid or tax determined spirits or wines
across bonded premises. However, tax paid or tax determined spirits or
wines may not be stored or allowed to remain on the bonded premises.
The proprietor must keep tax paid or tax determined spirits or wines
separate from spirits or wines on which tax has not been paid or
determined. Spirits returned to bonded premises under the provisions of
26 U.S.C. 5215 may remain on bonded premises.

(26 U.S.C. 5201 and 5612)

Sec. 19.59 Conveyance of untaxpaid spirits or wines within a
distilled spirits plant.

(a) The proprietor may move untaxpaid spirits or wines:
(1) Between different portions of the bonded premises at the same
distilled spirits plant or across any other premises of that plant;
(2) Over any public thoroughfare by uninterrupted transportation;
or
(3) Over a private roadway by uninterrupted transportation. The
owner or lessee of the private roadway must agree in writing to allow
TTB officers access to the roadway to perform their duties.
(b) The conveyance of untaxpaid spirits or wines under paragraph
(a) of this section is subject to the following conditions. The
proprietor:
(1) May not store or allow the untaxpaid spirits or wines to remain
on any premises other than the bonded premises;
(2) Must keep the untaxpaid spirits or wines separate from spirits
on which the tax has been paid or determined;
(3) Must submit to the appropriate TTB officer a description of the
means, route of the conveyance, and the areas of the distilled spirits
plant, public thoroughfare or roadways across which spirits or wines
will be conveyed, and a copy of any agreement with the owner or lessee
of a private roadway. The appropriate TTB officer must approve the
proposed means and route of conveyance and any agreement; and
(4) Must provide a consent of surety on the operations or unit bond
(TTB Form 5000.18) extending the terms of the bond to cover the
conveyance of the spirits or wines.

(26 U.S.C. 5201 and 5601)

Sec. 19.60 Spirits in customs custody.

A proprietor may move distilled spirits that are in customs custody
across distilled spirits plant premises if the proprietor:
(a) Submits to the appropriate TTB officer a description of the
means and route of the conveyance and the areas of the distilled
spirits plant across which spirits will be conveyed and receives
approval from the appropriate TTB officer for the method of movement;
(b) Does not store or allow the spirits to remain on the premises
of the distilled spirits plant;
(c) Moves the spirits expeditiously, and keeps the spirits separate
and apart from other spirits on the premises; and
(d) Provides a consent of surety on the operations or unit bond
(TTB Form 5000.18) extending the terms of the bond to cover the
conveyance of the spirits.

(26 U.S.C. 5201)

Subpart D--Registration of a Distilled Spirits Plant and Obtaining
a Permit

Sec. 19.71 Registration and permits in general.

Except as otherwise provided in this part, a person may only
conduct operations as a distiller, warehouseman, or processor of
distilled spirits on the bonded premises of a distilled spirits plant.
In order to establish a distilled spirits plant, a person must register
the plant with TTB and obtain an operating permit and/or a basic
permit. This subpart covers the requirements for registering a plant
and obtaining an operating permit under the IRC. Part 1 of this chapter
covers the requirements

[[Page 9102]]

for obtaining a basic permit under the Federal Alcohol Administration
Act.

(26 U.S.C. 5171)

Requirements for Registering a Plant

Sec. 19.72 General requirements for registration.

(a) Establishment. A person who wishes to establish a distilled
spirits plant must intend to conduct operations as a distiller, as a
warehouseman, or both. A person cannot establish a distilled spirits
plant solely for the processing of spirits.
(b) Registration. Before beginning operations as a distilled
spirits plant, a person must submit an application for registration and
receive approval from TTB. The following rules apply to an application
for registration:
(1) The applicant must apply for registration on form TTB F
5110.41, Registration of Distilled Spirits Plant, and submit the
application to the appropriate TTB officer;
(2) TTB will consider all written statements, affidavits, and other
documents supporting the application as part of the application;
(3) If the appropriate TTB officer determines that the original
application for registration cannot be approved because it contains
incomplete or incorrect information, TTB may require that the applicant
file an additional TTB F 5110.41, or submit other documentation to
complete or correct the original application; and
(4) The applicant must file any additional forms or submit any
other documentation within 60 days of the appropriate TTB officer's
request.

(26 U.S.C. 5171, 5172)

Sec. 19.73 Information required in application for registration.

(a) General. The application for registration on form TTB F
5110.41, Registration of Distilled Spirits Plant, must include the
following information:
(1) The serial number;
(2) The name, principal business address, and location of the
distilled spirits plant if different from the applicant's business
address;
(3) The operations that will be conducted;
(4) The purpose for filing the application;
(5) A statement describing the type of business organization and
the persons involved in the business in accordance with Sec. 19.93.
However, if any of this information is already on file with the
appropriate TTB officer, the applicant may advise TTB that the
information on file is part of the application for registration;
(6) A list of any operating permits, basic permits, operations
bonds, withdrawal bonds, and/or unit bonds, including the amount of any
bond(s) and the name of the surety on the bond;
(7) In the case of a corporation, a list of the offices and
officers authorized by the articles of incorporation or the board of
directors to sign or act on behalf of the corporation;
(8) A description of the plant in accordance with Sec. 19.74;
(9) A list of major equipment in accordance with Sec. 19.75;
(10) A statement of the maximum number of proof gallons that will
be produced in the distillery during a period of 15 days, stored on the
bonded premises, and in transit to the bonded premises. This statement
is not required if the operations or unit bond is in the maximum
amount;
(11) A statement that accounting records will be maintained in
accordance with generally accepted accounting principles;
(12) A statement of plant security measures in accordance with
Sec. 19.76;
(13) The following information if the applicant intends to operate
as a distiller:
(i) Total proof gallons of spirits that can be produced daily;
(ii) A statement of production procedures in accordance with Sec.
19.77; and
(iii) A statement as to whether spirits will be redistilled;
(14) The following information if the applicant intends to operate
as a warehouseman:
(i) A description of the storage system; and
(ii) Total amount of bulk wine gallons that can be stored; and
(15) The following information if the applicant intends to operate
as a processor:
(i) A statement whether spirits will or will not be bottled,
denatured, redistilled, and whether articles will be manufactured; and
(ii) A description of the storage system for spirits bottled and
cased or otherwise packaged and placed in approved containers for
removal from bonded premises.
(b) Other business. If the applicant intends to conduct any other
business on the distilled spirits plant premises as authorized under
Sec. 19.55, the following information must be submitted with the
application:
(1) A description of the business;
(2) A list of buildings and equipment that will be used; and
(3) A statement of the relationship of the business to the
distilled spirits operations at the plant.
(c) Additional information. The applicant must furnish any
additional information needed by TTB to determine if the application
for registration should be approved.

(26 U.S.C. 5171, 5172, 6001)

Sec. 19.74 Description of the plant.

As required by Sec. 19.73(a)(8), the application for registration
must include a description of the distilled spirits plant. This
information must:
(a) Describe each tract of land covered by distilled spirits plant;
(b) Clearly distinguish between the bonded premises and any general
premises;
(c) Provide directions and distances in enough detail to enable the
appropriate TTB officer to readily determine the boundaries of the
plant;
(d) Describe each building and outside tank that will be used for
production, storage, and processing of spirits and for denaturing
spirits, articles, or wines. The description must include the location,
size, construction, and arrangement with reference to each by a
designated number or letter; and
(e) Specify when only a room or floor of a building will be used
for plant operations and provide the location and description of the
building, floor, and room.

(26 U.S.C. 5172)

Sec. 19.75 Major equipment.

As required by Sec. 19.73(a)(9), the application for registration
must include a list of the major plant equipment. If the equipment is
set up and used for the production, storage, or processing of distilled
spirits, wine, denatured spirits, or articles, the list must provide
the following information:
(a) The serial number and capacity of each tank in the plant. The
list does not need to include any bulk containers having a capacity of
less than 101 wine gallons on the plant premises if those containers do
not meet the criteria of a tank under Sec. 19.182 (perks, small totes,
etc.);
(b) The serial number, kind, capacity, and intended use of each
still in the plant. The capacity is the estimated maximum proof gallons
of spirits capable of being produced every 24 hours, or for column
stills a statement of the diameter of the base and number of plates;
and
(c) The serial number of each condenser.

(26 U.S.C. 5172, 5179)

Sec. 19.76 Statement of plant security.

As required by Sec. 19.73(a)(12), the application for registration
must include

[[Page 9103]]

a statement of plant security. This statement must include the
following information:
(a) A general description of plant security, including methods used
to secure buildings or plant operations located within a portion of a
building and outdoor tanks;
(b) A statement regarding the use of guard personnel;
(c) A statement regarding the use of any electronic or mechanical
alarm system;
(d) A statement certifying that locks used will meet the
requirements of Sec. 19.192(f); and
(e) A list of persons, by their position and title, who have the
responsibility for the custody and access to keys for the locks.

(26 U.S.C. 5171, 5172)

Sec. 19.77 Statement of production procedure.

(a) As required by Sec. 19.73(a)(13)(ii), the application for
registration must include a statement of the step-by-step production
procedure used to produce spirits from an original source. The
statement must begin with the treating, mashing, or fermenting of the
raw materials or substances and continue through each step of the
distilling, purifying, and refining procedure to the production gauge.
The statement must include the kind and approximate quantity of each
material or substance used in producing, purifying, or refining each
type of spirits that will be produced.
(b) If the applicant intends to redistill spirits in the production
account, the applicant must submit and receive approval for such
redistillation on form TTB F 5110.38, Formula for Distilled Spirits
under the Federal Alcohol Administration Act.

(26 U.S.C. 5172, 5201, 5222, 5223, 5555)

Sec. 19.78 Power of attorney.

An applicant or proprietor of a distilled spirits plant must
execute and submit to the appropriate TTB officer form TTB F 5000.8,
Power of Attorney, for each person authorized to sign or to act on
behalf of the applicant or proprietor unless the authority has been
granted in the application for registration.

(26 U.S.C. 5172)

Sec. 19.79 Registry of stills.

Section 29.55 of this chapter requires that every person having
possession, custody, or control of a still or distilling apparatus must
register the still or distilling apparatus. When a person lists a still
or distilling apparatus with the application for registration as
required by Sec. 19.75(b) and receives approval of the registration,
that person has fulfilled the requirement to register the still or
distilling apparatus. See Sec. 29.55 of this chapter for additional
provisions regarding stills and distilling apparatus.

(26 U.S.C. 5172, 5179)

Sec. 19.80 Approved notice of registration.

A person may not operate a distilled spirits plant unless a notice
of registration has been approved by TTB authorizing the businesses and
operations to be conducted at such plant. When approved by the
appropriate TTB officer, the application for registration constitutes
the notice of registration of the distilled spirits plant. A distilled
spirits plant will not be registered or reregistered under this subpart
until the applicant has complied with all requirements of law and
regulations relating to the qualification of the business or operations
in which the applicant intends to engage. In any instance where a
person is required to have a bond or permit and the bond or permit
becomes invalid, then the notice of registration also becomes invalid.
Another application for registration must be filed and a new notice of
registration approved by TTB before the business or operation at such
plant may be resumed. Reregistration of a plant is not required when a
new bond or a strengthening bond is filed in accordance with Sec.
19.167 or Sec. 19.168.

(26 U.S.C. 5171, 5172)

Sec. 19.81 Maintenance of registration file.

The proprietor must maintain the registration documents on the
plant premises in a loose-leaf file that is current, complete, and
readily available for inspection by the appropriate TTB officer.

(26 U.S.C. 5172)

Requirements for an Operating Permit Under the IRC

Sec. 19.91 Operating permit.

(a) Except as provided in paragraph (b) of this section, a person
must obtain an operating permit under the IRC in order to:
(1) Distill for industrial use;
(2) Warehouse spirits for industrial use;
(3) Denature spirits;
(4) Warehouse spirits (without bottling) for nonindustrial use;
(5) Bottle or package spirits for industrial use;
(6) Manufacture articles; or
(7) Engage in any other distilling, warehousing, or processing
operation not required to be covered by a basic permit under the
Federal Alcohol Administration Act (49 Stat. 978; 27 U.S.C. 203, 204).
(b) Exception. The requirement to obtain an operating permit does
not apply to an agency of a State, or political subdivision of a State,
or an officer or employee of, and acting for, such an agency.

(26 U.S.C. 5171, 5271)

Sec. 19.92 Information required in application for operating permit.

(a) In order to obtain an operating permit, a person must complete
an application on form TTB F 5110.25, Application for Operating Permit
Under 26 U.S.C. 5171(d). TTB will consider all written statements,
affidavits and other documents submitted in support of the application
as part of the application.
(b) The application on TTB F 5110.25 must include the following
information:
(1) The name and principal address of the business;
(2) The address of the plant if different from the business
address;
(3) A description of the operation(s) to be conducted;
(4) A statement of the business organization and the persons
involved in the business as required under Sec. 19.93; and
(5) A list of trade names as required under Sec. 19.94.
(c) A TTB officer may request that any person listed under Sec.
19.93(a)(1)(ii), (a)(3)(iii), (b)(1), or (b)(2) submit to TTB a
statement as to whether that person has ever:
(1) Been convicted of a felony or misdemeanor under Federal or
State law, other than a misdemeanor conviction for a traffic violation;
(2) Been arrested or charged with any violation of State or Federal
law, other than an arrest or charge for a misdemeanor traffic
violation; or
(3) Applied for, held, or been connected with a permit issued under
Federal law to manufacture, distribute, sell or use spirits or products
containing spirits, or held any financial interest in any business
covered by any such permit, and if so, give the permit number,
classification, period of operation and details regarding any denial,
suspension, revocation or other termination.
(d) If any of the information required in paragraphs (b)(4) or
(c)(3) of this section is on file with the appropriate TTB officer, the
applicant may, by incorporation by reference, state that the
information is made a part of the application for an operating permit.
(e) The applicant must provide any additional information that the

[[Page 9104]]

appropriate TTB officer may request in order to determine whether the
application should be approved.

(26 U.S.C. 5171, 5271)

Sec. 19.93 Applicant organization documents.

(a) Supporting information. Sections 19.73(a)(5) and 19.92(a)(4)
require that the application for registration and the application for
an operating permit include information about the business organization
of the applicant. The applicant must provide the following information
as applicable:
(1) If the applicant is a corporation--
(i) The corporate charter or other documentation that provides
proof of corporate existence or incorporation;
(ii) Names and addresses of directors and officers;
(iii) Certified minutes, or extracts of board of directors
meetings, that authorize specific individuals to sign for the
corporation; and
(iv) A statement showing the number of shares of each class of
stock or other evidence of ownership, authorized and outstanding, and
the voting rights of the respective owners or holders.
(2) If the applicant is a partnership, a copy of the articles of
partnership or association, or certificate of partnership or
association if required to be filed by any State, county, or
municipality.
(3) If the applicant is a limited liability company or limited
liability partnership--
(i) A copy of the articles of organization;
(ii) A copy of the operating agreement; and
(iii) The names and addresses of all members and managers.
(b) Statement of interest--(1) Sole proprietorships and general
partnerships. In the case of an individual owner or a general
partnership, the applicant must provide the name and address of each
person having an interest in the business and a statement indicating
whether the interest appears in the name of the interested person or in
the name of another person.
(2) Limited liability entities. In the case of a corporation,
limited liability partnership, limited liability company, or other
legal entity in which some or all of the owners have limited personal
liability for the activities of the entity, the applicant must provide
the following information about persons having an interest in the
business:
(i) The names and addresses of the 10 persons that have the largest
ownership or other interest in each of the classes of ownership of the
applicant and the nature and amount of ownership or other interest of
each person.
(ii) The name of the person in whose name the interest appears. If
the corporation is wholly owned or controlled by another corporation,
the appropriate TTB officer may request the same information regarding
ownership for the parent corporation.

(26 U.S.C. 5172, 5271)

Sec. 19.94 Trade names.

(a) Operating permits. The applicant must include a list of any
trade names used in the operation of the plant with form TTB F 5110.25,
Application for Operating Permit Under 26 U.S.C. 5171(d). The applicant
must show the operations for which the trade name will be used and
identify the offices where the trade name is registered. The applicant
must also submit copies of any certificate or other document filed or
issued for each trade name.
(b) Basic permits. If the applicant is required to have a basic
permit under the Federal Alcohol Administration Act (49 Stat. 978; 27
U.S.C. 203, 204) for distilling, warehousing, or processing operations,
then the applicant must follow the regulations under that Act for the
approval and use of trade names.

(26 U.S.C. 5271)

Sec. 19.95 Issuance of operating permits.

TTB will issue only one operating permit for a distilled spirits
plant. The permit will designate the operations that are authorized at
the plant. The proprietor must post the permit at the distilled spirits
plant and have it available for inspection by appropriate TTB officers.

(26 U.S.C. 5171, 5271)

Sec. 19.96 Denial of permit.

TTB will conduct proceedings for the denial of an application for
an operating permit in accordance with the procedures set forth in part
71 of this chapter if the appropriate TTB officer has reason to believe
that:
(a) The applicant (including, in the case of a corporation, any
officer, director, or principal stockholder, and, in the case of a
partnership, a partner) is, by reason of business experience, financial
standing, or trade connections, not likely to maintain operations in
compliance with 26 U.S.C. chapter 51, or the regulations issued
thereunder;
(b) The applicant failed to disclose any material information
required, or has made a false statement as to any material fact in
connection with the application; or
(c) The premises where the applicant proposes to conduct the
operations are not adequate to protect the revenue.

(26 U.S.C. 5271)

Sec. 19.97 Correction of permit.

If requested by the appropriate TTB officer, a proprietor must
immediately return for correction any operating permit that contains an
error.

(26 U.S.C. 5271)

Sec. 19.98 Duration of permit.

The proprietor may conduct the operations authorized by the
operating permit on a continuing basis unless:
(a) The proprietor voluntarily surrenders the permit;
(b) TTB suspends or revokes the permit pursuant to Sec. 19.99; or
(c) The permit is automatically terminated under its own terms or
in accordance with Sec. 19.127.

(26 U.S.C. 5271)

Sec. 19.99 Suspension or revocation of permit.

TTB will conduct proceedings to revoke or suspend an operating
permit in accordance with the procedures set forth in part 71 of this
chapter if the appropriate TTB officer has a reason to believe that the
proprietor or any person associated with the operating permit:
(a) Has not complied in good faith with the provisions of 26 U.S.C.
chapter 51 or the regulations issued thereunder;
(b) Has violated the conditions of the permit;
(c) Has made a false statement as to any material fact in the
application for the permit;
(d) Has failed to disclose any required material information;
(e) Has violated or conspired to violate any law of the United
States relating to intoxicating liquor;
(f) Has been convicted of any offense under title 26 U.S.C.
punishable as a felony or of any conspiracy to commit such an offense;
or
(g) Has not engaged in any of the operations authorized by the
permit for a period of more than 2 years.

(26 U.S.C. 5271)

Subpart E--Changes to Registrations and Permits

Sec. 19.111 Scope.

This subpart explains the requirements for amending a distilled
spirits plant registration and, if applicable, an operating permit. For
information regarding amendments to a basic permit issued under the
Federal Alcohol Administration Act, see part 1 of this chapter.

(26 U.S.C. 5171)

[[Page 9105]]

Rules for Amending a Registration

Sec. 19.112 General rules for amending a registration.

If there is a change in any of the information in the proprietor's
current, approved notice of registration, the proprietor must amend the
registration within 30 days of the change unless another time period is
specified in this subpart. To amend a registration the proprietor must
submit in writing to the appropriate TTB officer any information
necessary to make the registration file current and accurate.
(a) TTB F 5110.41. Except when a letterhead application or
letterhead notice procedure is allowed under this subpart, the
proprietor must submit an amended form TTB F 5110.41, Registration of
Distilled Spirits Plant, for changes that affect the registration. If
the changes affect only parts or pages of the registration the
proprietor only needs to submit the necessary pages or information that
will make the registration file current.
(b) Letterhead applications. For certain changes specified in this
subpart the proprietor may submit a letterhead application for a change
instead of an amended TTB F 5110.41. The letterhead application must
identify the distilled spirits plant to which the change applies and
clearly identify the change. Any change is subject to TTB approval. The
appropriate TTB officer may, at any time, require that the proprietor
submit an amended application on TTB F 5110.41 if administrative
difficulties occur as a result of the letterhead application.
(c) Letterhead notices. For certain changes specified in this
subpart only a letterhead notice is required. The letterhead notice
must identify the distilled spirits plant to which the change applies
and clearly identify the change. A letterhead notice does not require
approval by TTB. The appropriate TTB officer may, at any time, require
that the proprietor submit an amended application on TTB F 5110.41 if
administrative difficulties occur as a result of the letterhead notice.

(26 U.S.C. 5171, 5172)

Sec. 19.113 Change in name of proprietor.

If the name of the of the proprietor changes, the proprietor may
not conduct operations under the new name before TTB approves the
amended registration. The proprietor must file either an amended form
TTB F 5110.41, Registration of Distilled Spirits Plant, or a letterhead
application to reflect the change. However, the proprietor does not
have to file a new bond or consent of surety.

(26 U.S.C. 5172, 5271)

Sec. 19.114 Changes in stockholders or persons with interest.

The proprietor must notify TTB of any changes in the list of
stockholders or persons with interest that was filed with TTB as
required by Sec. 19.93. If the change results in a change of control,
the proprietor must file form TTB F 5110.41, Registration of Distilled
Spirits Plant, within 30 days of the change. If the change does not
cause a change of control, the proprietor:
(a) May file a letterhead notice to amend the registration;
(b) May file the amended notice on May 1 of each year rather than
within 30 days of the change, or on any other date that the appropriate
TTB Officer may approve; and
(c) Must incorporate all changes submitted by letterhead notice in
the next TTB F 5110.41 filed.

(26 U.S.C. 5172, 5271)

Sec. 19.115 Change in officers, directors, members, or managers

(a) General. If there is a change in the list of officers,
directors, members or managers that the proprietor filed as required by
Sec. 19.93 the following rules apply:
(1) The proprietor must file an amended form TTB F 5110.41,
Registration of Distilled Spirits Plant, or a letterhead notice to
reflect the change;
(2) The proprietor must provide the name and address of each new
officer, director, member or manager; and
(3) The proprietor must incorporate all changes submitted by
letterhead notice in the next TTB F 5110.41 filed.
(b) Waiver. The appropriate TTB officer may waive the requirement
to amend the registration if the change only relates to corporate
officers listed on the original or current registration who are no
longer connected with the operations covered by the registration.

(26 U.S.C. 5171, 5172)

Sec. 19.116 Change in proprietorship.

(a) General. If there is a change in proprietorship at a distilled
spirits plant, the following requirements apply to the outgoing
proprietor and to the incoming (successor) proprietor.
(1) Outgoing proprietor. An outgoing proprietor must comply with
the requirements of Sec. 19.147. An outgoing proprietor may transfer
spirits to its successor in accordance with Sec. 19.141.
(2) Incoming proprietor. A successor to the proprietorship of a
plant that holds a registration:
(i) Must file form TTB F 5110.41, Registration of Distilled Spirits
Plant, and receive from TTB an approved notice of registration of the
plant;
(ii) Must file the required bonds; and
(iii) May adopt the approved formulas of its predecessor in
accordance with Sec. Sec. 5.28 and 20.63 of this chapter.
(b) Fiduciary. If the successor to the proprietorship of a plant is
an administrator, executor, receiver, trustee, assignee or other
fiduciary, the successor must comply with the provisions of paragraph
(a)(2) of this section. The following rules also apply in this case:
(1) The fiduciary may furnish a consent of surety to extend the
terms of the predecessor's bond instead of filing a new bond;
(2) The fiduciary may incorporate by reference in the application
for registration on TTB F 5110.41 any information contained in the
predecessor's application for registration that is still current;
(3) The successor must furnish a certified copy of the order of the
court or other pertinent document showing the successor's qualification
as fiduciary; and
(4) The effective date of the qualifying documents that the
fiduciary files will be the date of the court order, the date specified
in the order whereby the fiduciary assumes control, or if there is no
court order, the date that the fiduciary assumed control.

(26 U.S.C. 5172)

Sec. 19.117 Partnerships.

(a) If there is a death or insolvency of a partner in the business
registered under this part, the surviving partner or partners may
continue to operate under the notice of registration if:
(1) The partnership is not terminated under the laws of the
particular State but continues until the winding up of the partnership
affairs is complete;
(2) The surviving partner or partners have exclusive right to the
control and possession of the partnership assets for purposes of
liquidation and settlement; and
(3) A consent of surety is filed where the surety and the surviving
partner or partners agree to remain liable on the operations or unit
bond.
(b) If the surviving partner or partners acquire the business upon
settlement of the partnership, the surviving partner or partners must
file as an incoming proprietor and receive an approved notice of
registration of the plant in accordance with Sec. 19.116(a).

(26 U.S.C. 5172)

Sec. 19.118 Change in location.

(a) If the location of the plant changes, the proprietor must:

[[Page 9106]]

(1) File form TTB F 5110.41, Registration of Distilled Spirits
Plant, to amend the registration;
(2) File a new bond or a consent of surety on form TTB F 5000.18;
and
(3) Not begin operations at the new location prior to approval of
the amended registration.
(b) If there is a temporary change of delivery address within a
plant with no change in plant location, the proprietor may file a
letterhead notice to temporarily amend the registration.

(26 U.S.C. 5172, 5173, 5271)

Sec. 19.119 Change in premises.

If the proprietor intends to extend or curtail any part of the
plant premises, except under alternate operations that are covered by
Sec. Sec. 19.142 and 19.143, the proprietor must file form TTB F
5110.41, Registration of Distilled Spirits Plant, to amend the
registration. The proprietor must not extend or curtail any premises or
equipment before the amended registration is approved.

(26 U.S.C. 5172)

Sec. 19.120 Change in operations.

(a) If the proprietor wishes to conduct additional operations
involving spirits, other than those approved on the current
registration, the proprietor must:
(1) File form TTB F 5110.41, Registration of Distilled Spirits
Plant, to amend the registration; and
(2) Not engage in the additional operations prior to approval of
the amended registration.
(b) If the proprietor wishes to engage in another business that is
authorized under Sec. 19.55 the proprietor must:
(1) File TTB F 5110.41 to amend the registration;
(2) Include the information required under Sec. 19.73(b); and
(3) Not engage in the other business until approval of the amended
registration is received.

(26 U.S.C. 5171, 5172, 5271)

Sec. 19.121 Change in production procedure.

If the proprietor plans to produce a new product or make a change
to the production procedure that will affect the designation of the
product or substantially affect the character of the product, the
proprietor must:
(a) File form TTB F 5110.41, Registration of Distilled Spirits
Plant, to amend the registration;
(b) Provide a new statement of production procedure as described in
Sec. 19.77; and
(c) Receive approval of the amended registration before
implementing the change in the production procedure.

(26 U.S.C. 5172)

Sec. 19.122 Change in construction or use of buildings and equipment.

(a) The proprietor must submit a letterhead notice before making
any material change in the construction or use of buildings or
equipment at the plant other than changes covered by Sec. Sec. 19.119,
19.142 or 19.143. The proprietor must:
(1) Describe the proposed change in detail;
(2) Keep a copy of the letterhead notice on file with the current
notice of registration; and
(3) Incorporate the change in the next amendment to the
registration submitted on form TTB F 5110.41, Registration of Distilled
Spirits Plant, unless the appropriate TTB officer requires immediate
submission of an amended TTB F 5110.41.
(b) The proprietor may make emergency changes in construction or
use of buildings and equipment without prior letterhead notice.
However, the proprietor must promptly report any emergency change to
the appropriate TTB officer.

(26 U.S.C. 5172)

Sec. 19.123 Statement of plant security.

If the proprietor makes changes to the personnel listed, or
procedures contained in, the statement of plant security filed under
Sec. 19.76, the proprietor must:
(a) File a form TTB F 5110.41, Registration of Distilled Spirits
Plant, or a letterhead application to amend the registration, in the
case of any change in the description of plant security, employment of
guard personnel, use of electronic or mechanical alarm system, or
certification of required locks required under Sec. 19.76(a) through
(d);
(b) File a letterhead notice for any change in personnel who have
custody and access to keys for the required locks as provided under
Sec. 19.76(e); and
(c) Incorporate any changes filed by letterhead notice in the next
amendment to the registration on TTB F 5110.41 submitted, unless the
appropriate TTB officer requires an immediate submission of TTB F
5110.41.

(26 U.S.C. 5171, 5172)

Rules for Amending an Operating Permit

Sec. 19.126 General rules for amending an operating permit.

(a) When and how to amend. If there is a change in any of the
information that the proprietor provided as part of the current
approved application for an operating permit, the proprietor must amend
the operating permit by submitting written documentation in accordance
with this section to the appropriate TTB officer in writing within 30
days of the change unless another time period is specified in this
subpart.
(1) TTB F 5110.25. Except when a letterhead application or
letterhead notice procedure is allowed under this subpart, the
proprietor must amend the operating permit by submitting an amended
form TTB F 5110.25, Application for Operating Permit Under 26 U.S.C.
5171(d). If the changes only affect parts or pages of the application
for an operating permit the proprietor only needs to submit the
necessary pages or information that will make the permit file current.
(2) Letterhead applications. For certain changes specified in this
subpart, the proprietor may submit a letterhead application instead of
an amended TTB F 5110.25. The letterhead application must identify the
distilled spirits plant for which the application applies. The
letterhead application change is subject to TTB approval. The
appropriate TTB officer may, at any time, require that the proprietor
submit an amended application on TTB F 5110.25 if administrative
difficulties occur as a result of the letterhead application.
(3) Letterhead notices. For certain changes noted in this subpart
only a letterhead notice is required. A letterhead notice does not
require approval by TTB. The appropriate TTB officer may, at any time,
require that the proprietor submit amended application on TTB F 5110.25
if administrative difficulties occur as a result of the letterhead
notice.
(b) FAA Act permits. If there are changes that affect a basic
permit issued under the Federal Alcohol Administration Act, the
proprietor must amend the basic permit in accordance with the
procedures set forth in part 1 of this chapter.

(26 U.S.C. 5171, 5172)

Sec. 19.127 Automatic termination of permits.

(a) Operating permits. An operating permit is not transferable. The
proprietor's operating permit will automatically terminate in the
following circumstances:
(1) If the operations that are authorized by the permit are leased,
sold or transferred;
(2) If the company is dissolved on a certain date by an event
specified in the laws of the State where the company operates; or
(3) In the case of a corporation, if actual or legal control of the
corporation changes, directly or indirectly, whether by reason of
change in stock ownership

[[Page 9107]]

or control, by operation of law, or in any other manner, the permit
will terminate 30 days after the change in control. However, if an
application for a new permit covering the operations is made within
this 30 day period, then the operating permit may remain in effect
until TTB takes final action upon the new application. TTB's final
action on the new application will automatically terminate the
outstanding permit.
(b) Basic permits. For provisions related to the automatic
termination of an FAA Act basic permit, see part 1 of this chapter.

(26 U.S.C. 5271)

Sec. 19.128 Change in name of proprietor.

If the name of the proprietor changes, the proprietor must file a
letterhead application to amend the operating permit. The proprietor
may not conduct operations under the new name before TTB approves the
amended operating permit. However, the proprietor does not have to file
a new bond or consent of surety.

(26 U.S.C. 5172, 5271)

Sec. 19.129 Change in trade name.

If the proprietor intends to change or add a trade name that will
be used in the operation of the plant, the proprietor must file a
letterhead application to amend the operating permit. The proprietor
may not conduct operations under the new trade name before TTB approves
the amended operating permit. However, the proprietor will not be
required to file a new bond or consent of surety.

(26 U.S.C. 5271)

Sec. 19.130 Changes in stockholders or persons with interest.

The proprietor must notify TTB of any changes in the list of
stockholders or persons with interest that was filed with TTB as
required by Sec. 19.93(b). If the change results in a change of
control, the proprietor must file form TTB F 5110.25, Application for
Operating Permit Under 26 U.S.C. 5171(d), within 30 days of the change.
If the change does not cause a change in control the proprietor:
(a) May file a letterhead notice to amend the operating permit;
(b) May file the amended notice the May 1st following the change in
control year rather than within 30 days of the change, or on any other
date that the appropriate TTB Officer may approve; and
(c) Must incorporate all changes submitted by letterhead notice in
the next TTB F 5110.25 filed.

(26 U.S.C. 5172, 5271)

Sec. 19.131 Changes in officers, directors, members, or managers.

(a) General. If there is a change in the list of officers,
directors, members or managers that the proprietor filed as required by
Sec. 19.93, the proprietor must:
(1) File form TTB F 5110.25 Application for Operating Permit Under
26 U.S.C. 5171(d) or a letterhead notice to amend the operating permit;
(2) Provide the name and address for each new officer, director,
member or manager; and
(3) Incorporate all changes submitted by letterhead notice in the
next TTB F 5110.25 filed.
(b) Waiver. The appropriate TTB officer may waive the requirement
to amend the operating permit if the changes relate to corporate
officers listed on the original or current permit who are no longer
connected with the operations covered by the permit.

(26 U.S.C. 5171, 5172)

Sec. 19.132 Change in proprietorship.

(a) General. If there is a change in proprietorship at a distilled
spirits plant that holds an operating permit, the following
requirements apply to the outgoing proprietor and to the incoming
(successor) proprietor.
(1) Outgoing proprietor. An outgoing proprietor must comply with
the requirements of Sec. 19.147. An outgoing proprietor may transfer
spirits to its successor an accordance with Sec. 19.141.
(2) Successor proprietor. A successor to the proprietorship of a
plant that holds an operating permit:
(i) Must file form TTB F 5110.25 Application for Operating Permit
Under 26 U.S.C. 5171(d) and obtain an operating permit;
(ii) Must file the required bonds; and
(iii) May adopt the approved formulas of its predecessor in
accordance with Sec. Sec. 5.28 and 20.63 of this chapter.
(b) Fiduciary. If the successor to the proprietorship of a plant is
an administrator, executor, receiver, trustee, assignee, or other
fiduciary, the successor must comply with the provisions of paragraph
(a)(2) of this section. The following rules also apply in this case:
(1) The fiduciary may furnish a consent of surety to extend the
terms of the predecessor's bond instead of filing a new bond;
(2) On TTB F 5110.25, Application for Operating Permit Under 26
U.S.C. 5171(d), the fiduciary may incorporate by reference any
information contained in the predecessor's application that is still
current;
(3) The successor must furnish a certified copy of the order of the
court or other pertinent document showing the successor's qualification
as fiduciary; and
(4) The effective date of the qualifying documents that the
fiduciary files will be the date of the court order, the date specified
in the order whereby the fiduciary assumes control, or if there is no
court order, the date that the fiduciary assumed control.

(26 U.S.C. 5172)

Sec. 19.133 Partnerships.

(a) If there is a death or insolvency of a partner in a company
that holds an operating permit under this part, the surviving partner
or partners may continue to operate under the operating permit if:
(1) The partnership is not terminated under the laws of the
particular State but continues until the winding up of the partnership
affairs is complete;
(2) The surviving partner or partners have exclusive right to the
control and possession of the partnership assets for purposes of
liquidation and settlement; and
(3) A consent of surety is filed where the surety and the surviving
partner or partners agree to remain liable on the operations or unit
bond.
(b) If the surviving partner or partners acquire the business upon
settlement of the partnership, the surviving partner or partners must
file as an incoming proprietor and receive approval of the operating
permit as required under Sec. 19.132(a)(2).

(26 U.S.C. 5172)

Sec. 19.134 Change in location.

If the location of the plant changes, the proprietor must:
(a) File form TTB F 5110.25, Application for Operating Permit Under
26 U.S.C. 5171(d), to amend the operating permit;
(b) File a new bond or a consent of surety on form TTB F 5000.18;
and
(c) Not begin operations at the new location prior to approval of
the amended operating permit.

(26 U.S.C. 5172, 5271, 5173)

Sec. 19.135 Change in operations.

If the proprietor wishes to conduct additional operations involving
spirits, other than those already approved on the current operating
permit, the proprietor must:
(a) File form TTB F 5110.25 Application for Operating Permit Under
26 U.S.C. 5171(d) to amend the permit; and
(b) Not engage in the additional operation prior to approval of the
amended permit.

(26 U.S.C. 5171, 5172, 5271)

[[Page 9108]]

Alternation of Plant Proprietors

Sec. 19.141 Procedures for alternation of proprietors.

(a) General. A proprietor may alternate use of a distilled spirits
plant or part of the plant with one or more other proprietors. In order
to do so, each proprietor must separately file and receive approval of
the necessary registration, applications and bonds that are required by
subparts D and E of this part. Each proprietor must also conduct
operations and keep records in accordance with the regulations in this
part. Where operations by alternating proprietors will be limited to
parts of the plant, each proprietor must include the following in the
notice of registration:
(1) A description of the areas, rooms or buildings, or combination
of rooms or buildings that will alternate between proprietors;
(2) The method that the proprietor will use to separate the
alternated premises from any premises that will not be alternated; and
(3) Diagrams of the parts of the plant that will be alternated.
(b) Letterhead notice. After a proprietor receives approval to
alternate use of the premises with another proprietor, the alternating
proprietors must separately file letterhead notices each time they
intend to alternate use of the premises. The proprietors may file a
single notice if the notice is signed by each proprietor or an
authorized representative of each proprietor. The proprietors must
submit the letterhead notice to the appropriate TTB officer prior to
the first day that alternation is to take place. Proprietors must
include the following with the notice:
(1) The plant number and the name of the proprietor filing the
notice;
(2) Identification of the outgoing proprietor and incoming
proprietor (by name and plant number);
(3) The effective date and hour of the alternation;
(4) Identification of any applicable diagrams provided with the
registration of each proprietor filed under paragraph (a) of this
section, showing the portions of the premises involved in the
alternation;
(5) The purpose of the alternation;
(6) If distilling materials, unfinished or finished spirits,
denatured spirits, or wine will be transferred to the incoming
proprietor, a statement to that effect; and
(7) If denatured spirits or articles will be retained in the
processing account in locked tanks during the period of alternate
proprietorship, a statement to that effect.
(c) Alternation of production operations. In the case of an
outgoing proprietor who intends to alternate production operations with
another proprietor, the outgoing proprietor must:
(1) Completely process all distilling materials and unfinished
spirits in any bonded areas, rooms, or buildings that will alternate
unless the outgoing proprietor transfers them to the incoming
proprietor; and
(2) Mark and remove all finished spirits in the name in which they
were produced before a production gauge is made by the incoming
proprietor.
(d) Alternation of storage operations. In the case of an outgoing
proprietor who intends to alternate storage operations with another
proprietor, the outgoing proprietor must:
(1) Transfer in bond any spirits or wines in any bonded areas,
rooms, or buildings that will be alternated; and
(2) Execute a form TTB F 5000.18, Change of Bond (Consent of
Surety), to continue in effect the operations or unit bond whenever
operations of the areas, rooms, or buildings will be resumed by the
outgoing proprietor following suspension of operations by the other
proprietor.
(e) Alternation of processing operations. In the case of an
outgoing proprietor who intends to alternate processing operations with
another proprietor, the outgoing proprietor:
(1) Before the effective date and time of the alternation, must
process to completion and remove from the affected area all spirits,
denatured spirits, wines, or articles located in any rooms, areas, or
buildings that will alternate, or must transfer these spirits, wines,
and articles in bond to the incoming proprietor;
(2) Must execute a TTB F 5000.18, Change of Bond (Consent of
Surety), to continue in effect the operations or unit bond whenever
operations of the areas, rooms, or buildings will be resumed by the
outgoing proprietor following suspension of operations by the other
proprietor; and
(3) May retain denatured spirits and articles in tanks locked with
approved locks if the outgoing proprietor maintains custody and control
of the locks and keys for the tanks. In this case, the outgoing
proprietor must obtain a consent of surety on TTB F 5000.18 to continue
liability on the operations or unit bond for the tax on the denatured
spirits or articles that retained in the locked tanks.
(f) Records. Each alternating proprietor must maintain its own
records and submit its own reports. Records kept by an outgoing
proprietor for spirits, wines, and alcoholic flavoring materials may be
used by the incoming proprietor. All transfers of distilling materials,
unfinished spirits, spirits, denatured spirits, and wines must be
reflected in the records of each proprietor.

(26 U.S.C. 5172, 5271)

Conduct of Alternate Operations at a Plant

Sec. 19.142 Alternate use of premises and equipment for customs
purposes.

(a) General. The proprietor may extend or curtail the distilled
spirits plant premises or a part of those premises for temporary use by
Customs and Border Protection officers for customs purposes. If the
proprietor wishes to alternate the use of the premises for customs
purposes, that use must be approved by the port director of customs and
must be conducted in accordance with applicable customs laws and
regulations.
(b) Qualification. Before alternating the plant premises for
customs purposes, the proprietor must file and receive approval of the
necessary registration, application and bonds as required by this part.
The proprietor's application for registration must include the
following:
(1) A description of the areas, rooms or buildings, or combination
of rooms or buildings that will be alternated;
(2) A diagram of the parts of the plant that the proprietor will
use for the alternation; and
(3) The method that the proprietor will use to separate the
alternated premises from any premises not subject to alternation.
(c) Letterhead notice. After the proprietor receives approval to
alternate premises for customs purposes, the proprietor must file a
letterhead notice with the appropriate TTB officer each time the
premises will be alternated. The notice must include the following
information:
(1) The name and plant number of the proprietor filing the notice;
(2) The date and hour the alternation will take place;
(3) Identification of any applicable diagrams provided with the
registration filed under paragraph (b) of this section, showing the
portions of the premises involved in the alternation;
(4) The purpose of the alternation;
(5) If the alternation is for gauging or processing distilled
spirits, a statement to that effect; and
(6) An indication of the class of temporary customs warehouse, if
applicable.
(d) Proprietor responsibilities. Prior to the start of alternation
for customs

[[Page 9109]]

purposes, the proprietor must remove all spirits from the premises or
equipment that will be involved in the alternation. However, upon
release by customs, spirits in the process of being transferred to
bonded premises under 26 U.S.C. 5232 may remain on the premises to be
reincluded in the bonded premises.
(e) Exceptions. The qualification requirements in paragraph (b) of
this section and the notice requirements in paragraph (c) of this
section will not apply where the proprietor solely intends to gauge
bulk distilled spirits for transfer from customs custody to TTB bond.
(f) Conveyance of spirits in customs custody. If the proprietor
intends to convey spirits in customs custody across the distilled
spirits plant premises the proprietor must comply with Sec. 19.60.

(26 U.S.C. 5172, 5178)

Sec. 19.143 Alternation for other purposes.

(a) General. The proprietor may temporarily extend or curtail the
distilled spirits plant premises to allow for several other types of
alternate uses. Premises may be alternately curtailed or extended to
allow bonded premises to be used temporarily as general premises, or to
allow general premises to be used as bonded premises. A curtailment or
extension of distilled spirits plant premises may also allow for the
use of the premises as:
(1) An adjacent bonded wine cellar;
(2) An adjacent taxpaid wine bottling house;
(3) An adjacent brewery; or
(4) Facilities for the manufacturer of eligible flavors.
(b) Qualifying documents. Before alternating the premises for a
purpose listed in paragraph (a) of this section, the proprietor must
file and receive approval of the necessary registration, application
forms and attachments that relate to the proposed alternate use.
Depending on the type of alternation involved, the proprietor must file
one or more of the following qualification documents:
(1) Registration. For all alternate uses of the distilled spirits
plant described in paragraph (a) of this section the proprietor must
file a form TTB F 5110.41, Registration of a Distilled Spirits Plant,
to cover the proposed alternation of premises.
(2) Diagram. For all alternate uses, the proprietor must provide a
special diagram, in duplicate, delineating the premises as they will
exist, both during extension and curtailment and clearly depicting all
buildings, floors, rooms, areas, equipment that are to be subject to
alternation, in their relative operating sequence.
(3) Bond. For all alternate uses, the proprietor must provide
evidence of an existing bond, consent of surety, or a new bond to cover
the proposed alternation of premises.
(4) Bonded wine cellar or taxpaid wine bottling house. If the
proprietor intends to alternate the premises or part of the premises as
a bonded wine cellar or taxpaid wine bottling house the proprietor must
also file form TTB F 5120.25, Application to Establish and Operate Wine
Premises.
(5) Brewery. If the proprietor intends to alternate the premises or
part of the premises for a brewery operation the proprietor must file
form TTB F 5130.10, Brewer's Notice.
(c) Separation of premises. The proprietor must separate the
distilled spirits plant premises from the alternate use premises in
accordance with the approved plan of alternation described in the
qualifying documents.
(d) Segregation of products. When the proprietor alternates
premises, the proprietor must segregate products as follows:
(1) Wine operations. (i) Prior to alternation from distilled
spirits plant premises to wine premises, the proprietor must remove all
distilled spirits, denatured spirits, articles, and wine from the
distilled spirits plant premises that will be alternated. However, the
proprietor may keep spirits on the premises if they are being withdrawn
for use in wine production under Sec. 19.419, or for use in the
production of nonbeverage wine or wine products under Sec. 19.421.
Further, the proprietor may keep wine on the premises if it is to be
transferred in bond under Sec. 19.402(b)(2).
(ii) Prior to alternation from wine premises to distilled spirits
plant premises, the proprietor must remove all wine and spirits from
the wine premises that will be alternated. However, the proprietor may
keep wine on the premises if it is being transferred in bond under
Sec. 19.402(b)(1). Further, the proprietor may keep spirits on the
premises if they are being returned from bonded wine cellar premises to
distilled spirits plant bonded premises under Sec. 19.454.
(2) Brewery. Prior to alternation from distilled spirits plant
premises to operation of a brewery the proprietor must remove all
spirits, denatured spirits, articles and wine from the premises to be
alternated to brewery premises. Prior to alternation of brewery
premises to distilled spirits plant premises, the proprietor must
remove all beer from the premises except beer that is being received
for production of distilled spirits as provided in Sec. 19.296.
(3) General premises. Prior to alternation between bonded and
general premises, the proprietor must remove all spirits, denatured
spirits, articles and wine from the premises to be alternated. However,
the proprietor may keep bonded spirits on portions of bonded premises
to be alternated to general premises if the spirits are taxpaid
concurrently with the alternation. Also, the proprietor may keep
taxpaid spirits on general premises that will be alternated to bonded
premises if the spirits are to be immediately dumped and returned to
bond under the provisions of subpart Q of this part.
(4) Manufacture of nonbeverage products. Prior to alternation of
the distilled spirits plant premises for use in the manufacture of
eligible flavors, the proprietor must remove all spirits, denatured
spirits, articles and wine from the premises to be alternated. However,
the proprietor may keep spirits on portions of the premises to be
curtailed if the proprietor pays the tax concurrent with the
alternation. Further, the proprietor may keep taxpaid spirits that have
not been used in the manufacture of a nonbeverage product on parts of
the premises to be included in the extension of the bonded premises if
the spirits are to be immediately dumped and returned to bond under the
provisions of subpart Q of this part.
(e) Records. The proprietor must prepare the record of alternating
premises prescribed by Sec. 19.627 each time that the proprietor
alternates premises.

(26 U.S.C. 5172, 5178)

Sec. 19.144 Alternation of distilled spirits plant and volatile
fruit-flavor concentrate plant premises.

The proprietor may temporarily extend or curtail the distilled
spirits plant premises for alternate use with the premises of a
contiguous volatile fruit-flavor concentrate plant. If a proprietor
wishes to use all or a portion of the premises alternately as a
volatile fruit-flavor concentrate plant or vice versa, the proprietor
must comply with the requirements of Sec. Sec. 18.39 and 18.41 through
18.43 of this chapter.

(26 U.S.C. 5172, 5178)

Discontinuance of Operations

Sec. 19.147 Notice of discontinuance of operations.

If the proprietor plans to permanently discontinue one or more of
the operations listed on the notice of registration filed under subpart
D of this part, the proprietor must notify the

[[Page 9110]]

appropriate TTB officer by filing form TTB F 5110.41, Registration of
Distilled Spirits Plant, to show discontinuance of operations. The
proprietor must submit the following with TTB F 5110.41:
(a) The permit covering each discontinued operation;
(b) A written request for cancellation of the permit(s);
(c) A written statement indicating whether or not--
(1) The proprietor has lawfully disposed of all spirits, denatured
spirits, articles, wines, liquor bottles, and other pertinent items;
(2) There are any spirits, denatured spirits, wines, or liquor
bottles in transit to the premises; and
(3) The proprietor has secured and returned to the appropriate TTB
officer for cancellation all approved applications for transfer of
spirits and denatured spirits to the premises; and
(d) A final monthly operations report, as provided for under Sec.
19.632, for each discontinued operation, with each report marked
``Final Report.''

(26 U.S.C. 5172, 5271)

Subpart F--Bonds and Consents of Surety

Bonding Requirements for a DSP

Sec. 19.151 General.

(a) Bond required. Any person who plans to establish and operate a
distilled spirits plant must provide TTB with one or more bonds on form
TTB F 5110.56, Distilled Spirits Bond. TTB will not approve a
registration or allow a person to operate a distilled spirits plant
until the applicant has provided the necessary bonds. If a proprietor
fails to pay any liability covered by a bond, TTB may seek payment from
the proprietor, from the surety (see Sec. 19.153) or from both the
proprietor and the surety. The types and penal sums of bonds required
will depend upon the type and size of the operations that the
proprietor will conduct.
(b) Bond terms and conditions. The terms and conditions of a
distilled spirits bond require that the proprietor comply with all
provisions of law and regulations relating to activities covered by the
bond, and to pay all taxes imposed by 26 U.S.C. chapter 51, including
taxes on unexplained shortages of bottled distilled spirits. The bond
will further specify that the proprietor will pay all penalties
incurred, or fines imposed, for violations of law and regulations
relating to activities covered by the bond. The specific terms of the
required bond(s) are stated on TTB F 5110.56.
(c) Corporations and controlled subsidiaries. For purposes of this
subpart, the term ``corporation'' includes a Limited Liability Company
(LLC) or Limited Liability Partnership (LLP) in any jurisdiction where
the law authorizes such a business organization to operate. Whenever
used in this subpart, the term ``controlled subsidiary'' means a
corporation (or LLC or LLP) in which more than 50 percent of the voting
power is controlled by a parent corporation.

(26 U.S.C. 5173, 5551)

Sec. 19.152 Types of bonds.

(a) Basic Bonds. There are two basic types of bonds: the operations
bond, and the withdrawal bond.
(1) Operations bond. An operations bond covers the tax liability
for a variety of operations at a distilled spirits plant, along with
any penalties incurred and fines imposed for violation of the law and
regulations relating to activities covered by the bond.
(2) Withdrawal bond. A withdrawal bond covers the tax liability for
tax determined distilled spirits withdrawn from the bonded premises on
a tax deferred basis.
(b) Other bonds. In addition to the basic operations and withdrawal
bonds, several variations of these bonds are available:
(1) An adjacent wine cellar bond covers operations at a distilled
spirits plant and an adjacent bonded wine cellar;
(2) An area bond covers operations at two or more distilled spirits
plant and any adjacent bonded wine cellars; and
(3) A unit bond covers both operations and withdrawals at one or
more distilled spirits plants and operations at any adjacent bonded
wine cellars.

(26 U.S.C. 5173)

Sec. 19.153 Bond guaranteed by a corporate surety.

(a) Corporate surety. A company that issues bonds is called a
``corporate surety.'' Proprietors must obtain the surety bonds required
by this subpart from a corporate surety approved by the Secretary of
the Treasury.
(b) How to find an approved surety. The Department of the Treasury
publishes a list of approved corporate surety companies in Treasury
Department Circular No. 570, ``Companies Holding Certificates of
Authority as Acceptable Sureties on Federal Bonds and as Acceptable
Reinsuring Companies.'' Circular 570 is published annually in the
Federal Register. The most current edition of the circular is posted at
the Web site of the Financial Management Service, Department of the
Treasury at http://www.fms.treas.gov/c570. Printed copies of Circular
570 are available for purchase from the Government Printing Office.

(31 U.S.C. 9304, 9306)

Sec. 19.154 Bond guaranteed by deposit of securities.

(a) General. As an alternative to the corporate surety bond under
Sec. 19.153, a person can file a bond that guarantees payment of the
liability by pledging one or more acceptable negotiable securities.
These securities must have a par value (face amount) equal to or
greater than the penal sums of the required bonds. The pledged
securities are held in the Federal Reserve Bank in a safekeeping
account with TTB as the pledgee. Should the proprietor fail to pay one
or more of the guaranteed liabilities, TTB can take action to sell the
deposited securities to satisfy the debt. Pledged securities will be
released if there are no outstanding liabilities when the bond is
terminated. (See Sec. 19.170.)
(b) Acceptable securities. Only public debt obligations of the
United States, the principal and interest of which are unconditionally
guaranteed by the United States Government, are acceptable for the
purpose described in paragraph (a) of this section. The Department of
the Treasury and certain other United States Government agencies issue
debt instruments that are acceptable as collateral, such as Treasury
notes and Treasury bills. Savings bonds, certificates of deposit and
letters of credit are not acceptable. A list of securities acceptable
as collateral in lieu of surety bonds is available from the Bureau of
the Public Debt, Office of the Commissioner, Government Securities
Regulations Staff. Current information and guidance from the Bureau of
the Public Debt may be found at http://www.publicdebt.treas.gov.

(31 U.S.C. 9301, 9303; 31 CFR part 380)

Sec. 19.155 Change of surety bond terms--consent of surety.

In order to change the terms of an approved bond, both the
principal and the surety company that guaranteed the bond must agree to
the change. TTB must also approve the change. All changes to the terms
of a bond must be executed on form TTB F 5000.18, Change of Bond
(Consent of Surety) by both the principal and the surety with the same
formality and proof of authority as required for the original bond. The
completed, executed TTB F 5000.18 must be submitted to the National
Revenue Center.

(26 U.S.C. 5173)

[[Page 9111]]

Sec. 19.156 Power of attorney for surety.

(a) Requirement for power of attorney. Every bond and every consent
of surety filed with TTB in which an agent or officer executed the bond
or consent on behalf of the surety must be supported by a power of
attorney authorizing the agent or officer to execute the bond or
consent of surety. The power of attorney assures TTB that the person
who signed the bond on behalf of the surety has the legal authority to
obligate the surety.
(b) Form of power of attorney and endorsement. A power of attorney
will be prepared on the surety's own form, and must be executed under
the surety's corporate seal. If the power of attorney submitted is
other than a manually signed original, it must be accompanied by a
certification from the surety that the power of attorney is valid.
(c) Additional documentation. The appropriate TTB officer
authorized to approve and accept the bond may require additional
evidence of the authenticity of signatures and the authority of persons
signing on behalf of the surety to execute the bond or consent.

(31 U.S.C. 9304, 9306)

Sec. 19.157 Disapproval of bonds and consents of surety.

(a) Grounds for disapproval. The appropriate TTB officer may
disapprove any bond or consent of surety required by this part if the
principal or any person having ownership, control or responsibility for
actively managing the business of the surety has been previously
convicted, in a court of competent jurisdiction of:
(1) Any fraudulent noncompliance with any provision of any law of
the United States relating to internal revenue or customs taxation of
spirits, wines, or beer, or if the offense was compromised by payment
of penalties or otherwise, or
(2) Any felony under a law of any State or the District of
Columbia, or the United States, prohibiting the manufacture, sale,
importation, or transportation of spirits, wine, beer, or other
intoxicating liquor.
(b) Appeal. If the appropriate TTB officer disapproves a bond or
consent of surety, the person giving the bond may appeal the
disapproval to the Administrator, who will hear the appeal. The
decision of the Administrator will be final.

(26 U.S.C. 5551)

Requirements for Operations and Withdrawal Bonds

Sec. 19.161 Operations bond.

(a) General. Any person who intends to establish a distilled
spirits plant must furnish an operations bond (or a unit bond, see
Sec. 19.165) covering distilled spirits operations at such plant on
TTB F 5110.56 with the original application to register the distilled
spirits plant.
(b) Approval of bond. The appropriate TTB officer may require a
statement, executed under the penalty of perjury, as to whether the
principal, or any person owning, controlling, or managing the business
of the applicant has been convicted of, or has compromised any offense
listed in Sec. 19.157(a)(1), or has been convicted of any offense
listed in Sec. 19.157(a)(2). If the above statement contains an
affirmative answer, the applicant must provide an additional detailed
statement describing the circumstances surrounding each conviction or
compromise. The appropriate TTB officer will decide whether to approve
or disapprove the bond.

(26 U.S.C. 5173, 5551)

Sec. 19.162 Operations bond for distilled spirits plant and adjacent
bonded wine cellar.

(a) One bond satisfying two requirements. A proprietor who operates
a bonded wine cellar that is adjacent to the proprietor's distilled
spirits plant may file a single operations bond to cover the operations
of the distilled spirits plant and the bonded wine cellar. A proprietor
who files this type of bond satisfies the requirement in 26 U.S.C. 5173
for an operations bond covering the distilled spirits plant and the
requirement in 26 U.S.C. 5354 for a bond covering wine and spirits
possessed at, and in transit to, the bonded wine cellar. (The
proprietor may still have to obtain a supplemental bond for the wine
cellar to cover liabilities resulting from deferred payment of tax. See
the second sentence of 26 U.S.C. 5354.)
(b) One bond combining terms and coverage of separate bonds. An
operations bond filed under paragraph (a) of this section must contain
the same terms and conditions that would be in separate bonds for the
distilled spirits plant and for the bonded wine cellar. The proprietor
may not allocate or divide the penal sum between the distilled spirits
plant and the bonded wine cellar. The total amount of the bond must be
available to satisfy any liability incurred under the terms of the bond
at either facility.
(c) Persons qualified for a single bond. A proprietor may choose to
file a single operations bond for a distilled spirits plant and
adjacent bonded wine cellar only if:
(1) Such distilled spirits plant is qualified under subpart D of
this part for the production of distilled spirits; and
(2) Such wine cellar and distilled spirits plant are operated by
the same person (or in the case of a corporation, by such corporation
and its controlled subsidiaries).

(26 U.S.C. 5173, 5351, 5354)

Sec. 19.163 Area operations bond.

(a) Area operations bond covering multiple locations. A person who
operates more than one distilled spirits plant within the geographical
area serviced by the National Revenue Center may submit to TTB an area
operations bond covering the operations of any two or more such plants
and any bonded wine cellars that are adjacent to such plants and which
otherwise could be covered by an operations bond. Area operations bonds
filed under this section will be in lieu of the operations bond
requirements for single distilled spirits plants under Sec. Sec.
19.161 and 19.166 and must contain the same terms and conditions as
those contained in separate bonds filed for single distilled spirits
plants. Any person who files an area operations bond may not allocate
or divide the penal sum of the area operations bond between the
separate locations and the total penal sum of the bond must be
available to satisfy liability incurred at any of the covered
locations.
(b) Area operations bonds filed by corporations. An area operations
bond may only cover distilled spirits plants and adjacent bonded wine
cellars that are operated by the same person. For purposes of this
section, a corporation and its controlled subsidiaries are considered
to be one person. Further, a controlled subsidiary is a corporation in
which more than 50 percent of the voting power is controlled by the
parent corporation. Consequently, an area operations bond may cover
distilled spirits plants and adjacent bonded wine cellars operated by a
parent corporation and one or more of its controlled subsidiaries. The
name of each corporation that operates a covered facility must appear
on the bond as a principal, whether the operating corporation is the
parent or a subsidiary. The bond must bear an authorized signature for
each operating corporation appearing on the bond.

(26 U.S.C. 5173)

[[Page 9112]]

Sec. 19.164 Withdrawal bond.

(a) Requirement for a withdrawal bond. If a person intends to
withdraw spirits from a distilled spirits plant upon determination of
the taxes due on the spirits but before payment of the tax, the person
must provide TTB with a withdrawal bond for the distilled spirits
plant. The withdrawal bond must guarantee payment of any taxes due on
distilled spirits withdrawn from bonded premises up to the amount of
the bond. Such bond will be in addition to the operations bond, and if
the distilled spirits are withdrawn under the withdrawal bond, the
operations bond will no longer cover liability for payment of the tax
on the spirits withdrawn. For purposes of this section, a person
includes a corporation, together with all of its controlled
subsidiaries, and a controlled subsidiary has the same meaning as in
Sec. 19.163(b).
(b) One bond covering multiple plants. A person who operates more
than one distilled spirits plant within the geographical area serviced
by the National Revenue Center may submit to TTB a single withdrawal
bond that covers withdrawals from all such distilled spirits plants
within that geographic area.
(c) Penal sum of bonds--(1) Penal sum of a bond covering a single
plant. A person who files a withdrawal bond for a single plant must
compute the penal sum of such bond in accordance with Sec. 19.166. If
the penal sum of such bond is less than the maximum amount, withdrawals
from the plant may not exceed the penal sum.
(2) Penal sum of bond covering multiple plants. A person who files
one withdrawal bond to cover two or more distilled spirits plants must
compute the required penal sum for each plant individually in
accordance with Sec. 19.166. The penal sum of the withdrawal bond must
be equal to, or greater than, the total of the minimum amounts required
for the individual plants. The bond must show the amount of coverage
allocated to each individual plant as well as the total penal sum for
all plants. If the portion of the penal sum allocated to a particular
plant is less than the maximum amount prescribed in Sec. 19.166 for a
single plant, withdrawals from that plant must not exceed the amount of
the penal sum allocated to that plant. The allocation of the penal sum
notwithstanding, the entire penal sum of the bond must be available to
satisfy all liability for tax on withdrawals from any and all of the
covered plants.

(26 U.S.C. 5173)

Sec. 19.165 Unit bonds.

(a) Unit bond covering operations and withdrawals. If a person is
otherwise required to file bonds for both operations at one or more
distilled spirits plants and withdrawals from one or more distilled
spirits plants, the person may instead submit a single unit bond that
provides all of the guarantees that would otherwise be provided by
separate operations and withdrawal bonds. The unit bond may also
provide coverage for operations at adjacent bonded wine cellars. For
purposes of this section, a person includes a corporation, together
with all of its controlled subsidiaries, and a controlled subsidiary
has the same meaning as in Sec. 19.163(b).
(b) Required penal sum--(1) General. A person must determine the
penal sum for the unit bond by separately calculating in accordance
with Sec. 19.166, and then totaling, the amounts needed to cover
operations and withdrawals at each individual plant covered by the
bond. The penal sum for the unit bond must not be less than the sum of
the minimum penal sums that would be required if each of the plants had
its own bond.
(2) Allocation between operations and withdrawals. A unit bond must
show separately the amount of coverage provided for operations
(including operations at each adjacent bonded wine cellar if
applicable) and for withdrawals at each distilled spirits plant covered
by the bond.
(3) Tax liability must not exceed allocated penal sum. If the
amount of the penal sum allocated to operations at, or withdrawals
from, a particular plant is less than the maximum amount prescribed in
Sec. 19.166 for a single plant, the tax liability for operations at,
or withdrawals from, that plant must not exceed that allocated amount.
(4) Total penal sum available for each plant. Even when the penal
sum of a unit bond is allocated among multiple plants, the bond must
provide that the total penal amount of the bond will be available to
satisfy any liability incurred under the terms and conditions of the
bond at any plant covered by the bond.

(26 U.S.C. 5173)

Sec. 19.166 Required penal sums.

A person must determine the penal sums for the various bonds
required by this subpart according to the following table:

----------------------------------------------------------------------------------------------------------------
The penal sum must be:
(a) Operations bond for a single plant -------------------------------
operating as a: Required penal sum represents: Not less than-- and need not
be more than--
----------------------------------------------------------------------------------------------------------------
(1) Distiller......................... The amount of tax on spirits produced $5,000 $100,000
during a 15-day period.
(2) Warehouseman, in general.......... The amount of tax on spirits and wines 5,000 200,000
deposited in, stored on, and in transit
to, the bonded premises.
(3) Warehouseman limited to storage of The amount of tax on spirits and wines 5,000 50,000
spirits in packages to a total of not deposited in, stored on, and in transit
over 50,000 proof gallons. to, the bonded premises.
(4) Distiller and warehouseman........ The amount of tax on spirits produced 10,000 200,000
during a period of 15 days, plus the
tax on spirits and wines deposited in,
stored on, and in transit to the bonded
premises.
(5) Distiller and processor........... The amount of tax on spirits produced 10,000 200,000
during a 15-day period, plus the amount
of tax on spirits, denatured spirits,
articles and wines deposited in, or
stored on, and in transit to the bonded
premises.
(6) Warehouseman and processor in The amount of tax on spirits, denatured 10,000 250,000
general. spirits, articles, and wines deposited
in, stored on, and in transit to, the
bonded premises.

[[Page 9113]]

(7) Warehouseman and processor, The amount of tax on spirits, denatured 10,000 50,000
limited to storage of spirits or spirits, articles, and wines deposited
denatured spirits in packages to a in, stored on, and in transit to, the
total of not over 50,000 proof bonded premises.
gallons, and processing of spirits or
denatured spirits so stored.
(8) Distiller, warehouseman and The amount of tax on spirits produced 15,000 250,000
processor. during a 15-day period, plus the amount
of tax on spirits, denatured spirits,
articles and wines deposited in, stored
on, and in transit to, the bonded
premises.
(9) Distiller with adjacent bonded The amount required for a distiller (see 6,000 150,000
wine cellar. paragraph (a)(1). above) plus the
amount of tax on wines and wine spirits
possessed on, and in transit to, the
adjacent wine cellar.
(10) Distiller and warehouseman with The amount required for a distiller & 11,000 250,000
adjacent bonded wine cellar. warehouseman (see paragraph (a)(4).
above) plus the amount of tax on wines
and wine spirits possessed on, and in
transit to, the adjacent wine cellar.
(11) Distiller and processor with The amount required for a distiller & 11,000 250,000
adjacent bonded wine cellar. processor (see paragraph (a)(5). above)
plus the amount of tax on wines and
wine spirits possessed on, and in
transit to, the adjacent wine cellar.
(12) Distiller, warehouseman and The amount required for a distiller- 16,000 300,000
processor with adjacent bonded wine warehouseman-processor (see paragraph
cellar. (a)(8). above) plus the amount of tax
on wines and wine spirits possessed on,
and in transit to, the adjacent wine
cellar.
----------------------------------------------------------------------------------------------------------------

(b) Area operations bond for two or more plants
whose combined required penal sums under Required penal sum is: But need not
paragraph (a) of this section: be more than:
----------------------------------------------------------------------------------------------------------------
(1) Do not exceed $300,000..................... 100%........................................... $300,000
(2) Exceed $300,000 but do not exceed $600,000. $300,000 plus 70% of the amount over $300,000.. 510,000
(3) Exceed $600,000 but do not exceed $510,000 plus 50% of the amount over $600,000.. 710,000
$1,000,000.
(4) Exceed $1,000,000 but do not exceed $710,000 plus 35% of the amount over $1,000,000 1,060,000
$2,000,000.
(5) Exceeds $2,000,000......................... $1,060,000 plus 25% of the amount over
$2,000,000.
----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
The penal sum must be:
-----------------------------------------
(d) Unit bond for: Required penal sum represents: and need not be
Not less than-- more than--
----------------------------------------------------------------------------------------------------------------
(1) Operations at one distilled An amount equal to the sum of the $6,000............. $1,300,000.
spirits plant (including any required penal sums of an
adjacent bonded wine cellar), operations bond and a withdrawal
and withdrawals from the bonded bond for the plant, if such bonds
premises of the same plant. were obtained separately. (See
paragraphs (a) and (c)(1) in this
section.).
(2) Operations at two or more An amount equal to the sum of the Sum of the minimum Sum of the maximum
distilled spirits plants penal sums of an area operations penal sums for penal sums for
(including any adjacent bonded bond and withdrawal bonds needed operations and area operations
wine cellars), and withdrawals for all of the covered plants, if withdrawal bonds bonds and
from the bonded premises of the such bonds were obtained required for each withdrawal bonds
same plants. separately. (Total penal sums of plant covered by required for the
paragraphs (b) and (c)(2) in this the bond. plants covered by
section.). the unit bond.
----------------------------------------------------------------------------------------------------------------

(26 U.S.C. 5173)

Sec. 19.167 Increase of bond coverage.

(a) When required. If the penal sum of a bond is less than the
maximum amount specified by Sec. 19.166, and liabilities increase to
the point where they exceed the bond coverage, the proprietor must
increase the amount of the bond to cover the increased liability. The
proprietor must increase the bond coverage either by replacing the
existing bond with a new, larger bond that covers the entire liability,
or by supplementing the existing bond with a separate strengthening
bond in accordance with paragraph (b) of this section.

[[Page 9114]]

(b) Strengthening bonds. A strengthening bond is a second bond with
the same surety as on the original bond which covers the increased
liability. A strengthening bond must show both its execution date and
its effective date. TTB will not accept a strengthening bond if it
contains any term or condition that is a release, or could be
interpreted as a release, from liability under any former bond, or that
limits the liability of any bond to less than its full penal sum.

(26 U.S.C. 5173)

Sec. 19.168 Superseding bonds.

(a) General. In any of the circumstances outlined in paragraphs (b)
through (d) of this section, the proprietor must replace an existing
bond with a new bond. A new bond that replaces another bond is called a
superseding bond.
(b) Surety company no longer acceptable. The proprietor must file a
superseding bond if the surety on the proprietor's current bond becomes
insolvent or if the surety is removed from the list of approved
sureties in Treasury Circular 570. TTB may also require the filing of a
superseding bond if any other contingency affecting the validity or
efficiency of the bond arises.
(c) Change of control. An executor, administrator, assignee,
receiver, trustee, or other person acting in a fiduciary capacity,
continuing or liquidating the business of the principal on a bond, must
either provide TTB with a superseding bond, or obtain consent from the
surety on each existing bond when assuming control of the business.
(d) Termination of bond by surety. If the surety applies to
terminate a bond under Sec. 19.171, and the proprietor wishes to
continue the activity covered by the bond, the proprietor must file a
superseding bond that becomes effective on or before the termination
date of the existing bond. The superseding bond must show both its
execution date and its effective date.

(26 U.S.C. 5173, 5175, 5176, 5551)

Sec. 19.169 Effect of failure to furnish a superseding bond.

(a) Operations bond. A person may not operate a distilled spirits
plant without an operations bond. If a person does not submit an
acceptable superseding operations bond when required to do so under
Sec. 19.168, the person must immediately discontinue the activities to
which the lapsed bond coverage relates upon lapse of the existing bond
coverage.
(b) Withdrawal bond. A person who does not submit an acceptable
superseding withdrawal bond when required to do so under Sec. 19.168
may not withdraw distilled spirits from the bonded premises on a
deferred basis. Upon lapse of the existing bond coverage the person
must pay the tax at the time of withdrawal, except in the case of
distilled spirits withdrawn free of tax or withdrawn without payment of
tax under 26 U.S.C. 5214 or withdrawn exempt from tax under 26 U.S.C.
7510.
(c) Unit bond. A person who does not provide an acceptable
superseding unit bond when required to do so under Sec. 19.168 must
immediately discontinue the business or distilled spirits operations to
which the lapsed bond coverage relates. Upon lapse of the existing bond
coverage the person must also pay the tax at the time of withdrawal,
except in the case of distilled spirits withdrawn free of tax or
withdrawn without payment of tax under 26 U.S.C. 5214 or withdrawn
exempt from tax under 26 U.S.C. 7510.

(26 U.S.C. 5173, 5175, 5176)

Sec. 19.170 Termination of bonds.

Liability under operations bonds, withdrawal bonds, and unit bonds
may be terminated for future withdrawals, future production, or future
deposits as set forth below:
(a) On application by the surety. A surety may terminate a bond by
filing a notice as provided in Sec. 19.171;
(b) By replacement of the bond. A principal may terminate an
existing bond by replacing it with a superseding bond approved by TTB;
(c) By discontinuing withdrawals. A principal may terminate a
withdrawal bond by notifying TTB that the principal has stopped making
withdrawals covered by the bond, if the bond was filed solely as a
withdrawal bond; or
(d) By discontinuing the business. A principal may terminate a bond
by notifying TTB that the principal has discontinued business.

(26 U.S.C. 5173)

Sec. 19.171 Surety notice of relief from bond liability.

(a) Notice to principal. A surety on a bond may, at any time,
notify the principal in writing that the surety desires to be relieved
of liability under the bond.
(b) Notice to TTB. A surety on a bond may, at any time, notify the
appropriate TTB officer in writing that the surety desires to be
relieved of liability under the bond. The notice must specify the date
after which the surety desires to be relieved of liability. In the case
of a withdrawal bond, the date specified in the notice must be at least
ten days after the notice is received by the appropriate TTB officer.
In the case of an operations bond or unit bond, the date specified in
the notice must be at least 90 days after the notice is received by the
appropriate TTB officer. When a surety files a termination notice with
TTB, the surety must include either an acknowledgement from the
principal that the principal is aware that the surety is terminating
the bond or proof that the surety has served the principal with notice
of its intent to terminate the bond.
(c) Effect of notice. The bond coverage will end as of close of
business on the date specified in the notice, provided the surety
timely filed a proper and complete termination notice, and the surety
does not withdraw its termination notice in writing prior to the
termination date. The surety will be released from future liability
under the bond to the extent set forth in Sec. 19.172.

(26 U.S.C. 5173, 5175, 5176)

Sec. 19.172 Relief of surety from bond liability.

A surety that has provided proper notice under Sec. 19.171 will be
relieved from liability under the bond in question as set forth below:
(a) Operations or unit bond. When a superseding bond is submitted,
the surety will be relieved of future liability related to production
and deposits that take place after the effective date of the
superseding bond. However, the surety remains liable for the tax on all
distilled spirits or wines produced, or for other liabilities incurred,
during the term of the bond. Further, if a superseding bond is not
submitted, the surety will remain liable under the bond for all spirits
or wines that are on hand or in transit to the bonded premises or
bonded wine cellar on the date specified in the notice. The liability
of the surety will continue until all such spirits or wines have been
lawfully disposed of, or until a new bond has been submitted by the
principal covering the spirits or wine.
(b) Withdrawal or unit bonds. The surety will be relieved from
liability for withdrawals made after the date specified in the notice,
or upon the effective date of a new bond if one is given.

(26 U.S.C. 5173, 5176)

Sec. 19.173 Release of pledged securities.

Securities that are pledged and deposited with TTB under Sec.
19.154 will only be released by TTB in accordance with the provisions
of 31 CFR Part 225, Acceptance of Bonds Secured by Government
Obligations in Lieu of Bonds with Sureties. The appropriate TTB officer
will not release pledged

[[Page 9115]]

securities prior to termination of the liability under the bond for
which they were pledged. When the appropriate TTB officer is satisfied
that the pledged securities may be released, the official will set a
date or dates on which a part or all of the securities may be released.
At any time prior to the release of the securities, the appropriate TTB
officer may extend the date of release for any additional length of
time deemed necessary.

(31 U.S.C. 9301, 9303)

Subpart G--Construction, Equipment, and Security Requirements

Sec. 19.181 General.

The proprietor of a distilled spirits plant must apply certain
construction, equipment, and security standards at the plant. These
standards are intended to ensure the protection of untaxed spirits at
the plant and to ensure proper measurement and accountability for
products on bonded premises. This subpart prescribes those standards.

(26 U.S.C. 5178)

Tank Requirements

Sec. 19.182 Tanks--general requirements.

The proprietor of a distilled spirits plant must ensure that all
tanks on the premises used to hold spirits, denatured spirits, or wines
are:
(a) Used for the purpose listed on the application and plant
registration;
(b) Equipped with accurate means for measuring their contents. If
the means for measurement is not a permanent fixture on the tank, the
proprietor must equip the tank with a fixed device for measuring the
contents. However, tanks having a capacity of less than 101 gallons are
not required to have permanent gauge devices;
(c) Accurately calibrated if used for any of the gauges described
in this part. Further, if tanks or their gauging devices are moved in
any manner subsequent to original calibration, the tanks shall not be
used until recalibrated;
(d) Accessible through walkways, landings, and stairs that permit
access to all parts of the tank;
(e) Equipped or situated so that they may be locked or secured; and
(f) Constructed to prevent access to the spirits or wines through
vents, flame arresters or other safety devices.

(26 U.S.C. 5006, 5204, 5505)

Sec. 19.183 Scale tanks.

(a) Except as otherwise provided in paragraph (b) of this section,
if the proprietor uses a tank to determine the distilled spirits tax
imposed by 26 U.S.C. 5001, the tank must be mounted on scales and the
contents of the tank must be determined by weight. The scale tank also
must be equipped with a suitable device so that the volume of the
contents can be quickly and accurately determined.
(b) The requirement to mount tanks on scales does not apply to
tanks having a capacity of 55 gallons or less. Such tanks may be moved
onto an accurately calibrated scale when a tax determination gauge
needs to be made.

(26 U.S.C. 5006, 5204, 5505)

Sec. 19.184 Scale tank minimum graduations.

(a) The beams or dials on scale tanks used for tax determination
must have minimum graduations not greater than the following:

------------------------------------------------------------------------
Quantity to be weighed Minimum graduation
------------------------------------------------------------------------
Not exceeding 2,000 pounds................. \1/2\ pound
Between 2,000 and 6,000 pounds............. 1 pound
Between 6,000 and 20,000 pounds............ 2 pounds
Between 20,000 and 50,000 pounds........... 5 pounds
Over 50,000 pounds......................... 10 pounds
------------------------------------------------------------------------

(b) For scales having a capacity greater than 2,000 pounds, the
minimum quantity which may be entered onto the weighing tank scale for
gauging for tax determination will be the greater of:
(1) 1,000 times the minimum graduation of the scale, or
(2) 5 percent of the total capacity of the weighing tank scale.
(c) The weighing of lesser quantities for determination of tax may
be authorized by the appropriate TTB officer where the beam of the
scale is calibrated in \1/2\ pound or 1 pound graduations and it is
found by actual test that the scales are accurate at each graduation.
(d) Lots of spirits weighing 1,000 pounds or less shall be weighed
on scales having \1/2\ pound graduations.

(26 U.S.C. 5006, 5204, 5505)

Sec. 19.185 Testing scale tanks for accuracy.

(a) A proprietor who uses a scale tank for tax determination must
ensure the accuracy of the scale through periodic testing. Testing of
the scale must be conducted at least every 6 months and whenever the
scale is adjusted or repaired.
(b) A proprietor also must test, at least once a month, the
gallonage represented to be in a scale tank against the gallonage
indicated by volumetric determination of the contents of the tank.
However, if the scale is not used during a month, it is only necessary
to verify against the volumetric determination when the scale is next
used. The proprietor must make the volumetric determination in
accordance part 30 of this chapter. If the variation exceeds 0.5
percent of the quantity shown in the tank, the proprietor must take
appropriate action to verify the accuracy of the scale.
(c) If the appropriate TTB officer determines that a scale may be
inaccurate, the proprietor must test the accuracy of the scale.

(26 U.S.C. 5006, 5204, 5505)

Package Scale and Pipeline Requirements

Sec. 19.186 Package scales.

Proprietors must ensure that scales used to weigh packages are
tested at least every 6 months and whenever they are adjusted or
repaired. However, if a scale is not used during a 6-month period, it
is only necessary to test the scale prior to its next use. Scales used
to weigh packages that hold 10 wine gallons or less must indicate
weight in ounces or hundredths of a pound.

(26 U.S.C. 5204)

Sec. 19.187 Pipelines.

All pipelines, including flexible hoses, that are used to transfer
spirits, denatured spirits, articles, and wines must be constructed,
arranged, and secured so as to ensure protection of the revenue and
permit ready examination. The appropriate TTB officer may approve
pipelines that cannot be readily examined if they pose no jeopardy to
the revenue.

(26 U.S.C. 5178)

Measuring and Proofing Equipment Requirements

Sec. 19.188 Measuring devices and proofing instruments.

(a) General. A proprietor of a distilled spirits plant must have
accurate instruments and equipment at the plant for determining the
proof and volume of spirits.
(b) Instruments. The hydrometers and thermometers that a proprietor
uses to gauge spirits must show subdivisions or graduations of proof
and temperature as specified in part 30 of this chapter. Proprietors
must frequently test their hydrometers and thermometers to ensure their
accuracy. If an instrument appears to be in error, the proprietor may
not use the instrument until it is tested and certified as accurate by
the manufacturer or another qualified person.
(c) Meters. A proprietor may use an accurate mass flow meter to
measure the

[[Page 9116]]

volume of bulk spirits. A mass flow meter used for tax determination of
bulk spirits must be certified by the manufacturer or other qualified
person as accurate within a tolerance of plus or minus 0.1 percent. A
mass flow meter used for all other required gauges of bulk spirits must
be certified by the manufacturer or other qualified person as accurate
within a tolerance of plus or minus 0.5 percent. The proprietor must
make corrections for the temperature of the spirits being measured in
conjunction with the volumetric measurement of spirits by mass flow
meter. The proprietor must also test mass flow meters at least every 6
months to ensure that they are accurate within the required tolerances.

(26 U.S.C. 5204)

Other Plant Requirements

Sec. 19.189 Identification of structures, areas, apparatus, and
equipment.

(a) Buildings. The proprietor must mark each building at a
distilled spirits plant where spirits, denatured spirits, articles,
wine, or distilling or fermenting materials are kept with a
distinguishing number or letter.
(b) Tanks. The proprietor must mark each tank or receptacle for
spirits, denatured spirits, or wine to show a unique serial number and
capacity.
(c) Stills. The proprietor must number and mark to show the use of
each still, fermenter, cooker, and yeast tank.
(d) Other major equipment. The proprietor must identify the use of
all other major equipment used for processing or containing spirits,
denatured spirits, wine, distilling or fermenting material, and all
other tanks, unless the intended purpose is readily apparent.

(26 U.S.C. 5178)

Sec. 19.190 Office facilities for TTB use.

(a) When required by the appropriate TTB officer, the proprietor
must provide a secure cabinet equipped for locking for use by TTB.
(b) If one or more TTB officers are assigned to a distilled spirits
plant to supervise operations on a continuing basis, the proprietor
must provide a suitable office at the plant for the exclusive use of
the TTB officers in performing their duties. The appropriate TTB
officer will determine if the office facilities are suitable.

(26 U.S.C. 5178)

Sec. 19.191 Signs.

The proprietor must place and keep a conspicuous sign on the
outside of the place of business showing the name of the proprietor and
the business, or businesses, in which engaged.

(26 U.S.C. 5180)

Sec. 19.192 Security.

(a) General. The proprietor of a distilled spirits plant must
provide adequate security measures at the plant in order to protect the
revenue.
(b) Buildings. The buildings, rooms, and partitions must be
constructed of substantial materials. Doors, windows, or any other
openings to the building must be secured or fastened during times when
distilled spirits plant operations are not being conducted.
(c) Outdoor tanks. Outdoor tanks containing spirits, denatured
spirits, or wine must be individually locked or locked within an
enclosure when they are not in use.
(d) Indoor tanks. Indoor tanks containing spirits, denatured
spirits, or wines, or the rooms or buildings in which such tanks are
housed, must be equipped so that they may be secured.
(e) Approved locks. Locks meeting the specifications prescribed in
paragraph (f) of this section must be used to secure:
(1) Outdoor tanks used to store spirits, or an enclosure around
such tanks;
(2) Indoor tanks used to store spirits, or the door from which
access may be gained from the outside to the rooms or buildings in
which such tanks are housed; and
(3) Any doors from which access may be gained from the outside to
rooms or buildings containing spirits stored in portable bulk
containers.
(f) Specifications for locks. Locks meeting the specifications in
this section or other locks that have been approved for use by the
appropriate TTB officer are approved locks for the purpose of 26 U.S.C.
5682.
(1) General. The following are the specifications for approved
locks:
(i) A corresponding serial number on the lock and on the key,
except for master key locking systems;
(ii) A case hardened shackle at least one-fourth inch in diameter,
with heel and toe locking;
(iii) A body width of at least 2 inches;
(iv) A captured key feature (the key may not be removed while the
shackle is unlocked);
(v) A tumbler with at least 5 pins; and
(vi) A lock and key containing no bitting data.
(2) Other approved locks. If the proprietor wishes to use locks of
an unusual design, which do not meet the specifications in paragraph
(f)(1) of this section, the proprietor must submit an example or
prototype of the lock to the appropriate TTB officer, with a request
that the lock be approved for use. The appropriate TTB officer will
evaluate the lock and determine whether the lock should be approved for
use.
(3) Master key systems. Master key locking systems using approved
locks may be used at the option of the proprietor.
(g) Additional security. Whenever the appropriate TTB officer finds
that construction, arrangement, equipment, or protection is inadequate,
additional security (such as fences, flood lights, alarm systems, and
guard services) must be provided or changes in construction,
arrangement, or equipment must be made to the extent necessary to
protect the revenue.

(26 U.S.C. 5178, 5202)

Sec. 19.193 Breaking Government locks.

TTB may assign TTB officers to a distilled spirits plant and
utilize controls, such as Government locks, if TTB determines that such
measures are necessary to effectively supervise operations at the
plant. The proprietor may not remove such Government locks without the
authorization of the appropriate TTB officer, except when a person or
property is in imminent danger from a disaster or other emergency. If
the proprietor must remove Government locks under such circumstances,
the proprietor must ensure that security measures are taken to prevent
illegal removal of spirits. In addition, the proprietor must notify the
appropriate TTB officer as soon as possible of the action taken and
within 5 days of removing the locks submit a written report describing
the emergency and the action taken.

(26 U.S.C. 5202)

Subpart H--Dealer Registration and Recordkeeping

Sec. 19.201 Definitions.

For purposes of this subpart, the following terms have the meanings
indicated:
Dealer. A person that sells, or offers for sale, any alcohol
product (distilled spirits, wines, and/or beer) fit for beverage use.
Retail dealer in liquors. A dealer that sells, or offers for sale,
distilled spirits, wines, or beer to any person other than a dealer.
Wholesale dealer in liquors. A dealer that sells, or offers for
sale, distilled spirits, wines, or beer to another dealer.

(26 U.S.C. 5121, 5122)

Sec. 19.202 Dealer registration.

Every proprietor that sells or offers for sale any alcoholic
product (distilled spirits, wines, or beer) fit for beverage

[[Page 9117]]

use must register as a dealer under part 31 of this chapter. However,
the proprietor's application for registration of a distilled spirits
plant filed under subpart D of this part, and approval of that
application by the appropriate TTB officer, will constitute the
proprietor's registration as a dealer at the distilled spirits plant.
Every proprietor registered as a dealer under this subpart will be
classified as a wholesale dealer in liquors (see Sec. 31.32 of this
chapter) and as such may also operate as a retail dealer in liquors
without additional registration. Registration covers all sales from the
same location, including sales of wine, beer, or other proprietors'
spirits. A proprietor who conducts business as a dealer at a location
other than the distilled spirits plant must register and keep records
in accordance with part 31 of this chapter.

(26 U.S.C. 5124)

Sec. 19.203 Amending the dealer registration.

Every proprietor registered as a dealer under this subpart must
maintain a current and accurate distilled spirits plant registration.
Whenever there is a change to any of the information provided in the
proprietor's approved notice of registration, the proprietor must amend
the registration within the time period specified in subpart E of this
part. An amendment of the proprietor's distilled spirits plant
registration will also serve as an amendment of the proprietor's dealer
registration under this subpart. The proprietor's dealer registration
will also terminate when distilled spirits plant operations under the
notice of registration terminate.

(26 U.S.C. 5124)

Sec. 19.204 Dealer records.

Every dealer is required to maintain records of transactions.
Distilled spirits transactions that appear in the records required by
subpart V of this part will meet the proprietor's recordkeeping
requirements as a dealer. For other transactions not covered in the
distilled spirits plant records, such as retail sales of wine or beer
in a restaurant at the distilled spirits plant, or operations as a
wholesale dealer in wine or beer, the proprietor must keep the records
specified for dealers in part 31 of this chapter.

(26 U.S.C. 5121, 5122, 5124)

Subpart I--Distilled Spirits Taxes

Sec. 19.221 Scope.

This subpart covers the taxation of distilled spirits and the
procedures for payment of taxes by proprietors of distilled spirits
plants. Issues covered in this subpart include tax rates, liability for
tax, tax determination, return periods, filing of tax returns, forms of
payment, electronic fund transfers, and credits under 26 U.S.C. 5010.

(26 U.S.C. 5001)

Basic Provisions of Tax Law Affecting Spirits

Sec. 19.222 Basic tax law provisions.

(a) Distilled spirits tax. 26 U.S.C. 5001 and 7652 impose a tax on
all distilled spirits produced in, or imported into or brought into,
the United States at the rate prescribed in section 5001 on each proof
gallon and a proportionate tax at a like rate on all fractional parts
of a proof gallon. For the current rate of tax see 26 U.S.C. 5001.
(b) Products containing distilled spirits. All products of
distillation, by whatever name known, which contain distilled spirits,
on which the tax imposed by law has not been paid, and any alcoholic
ingredient added to such products, are considered and taxed as
distilled spirits.
(c) Wines with high alcohol content. Wines containing more than 24
percent of alcohol by volume are taxed as distilled spirits.
(d) Attachment of the tax. Under 26 U.S.C. 5001(b), the tax
attaches to distilled spirits as soon as the substance comes into
existence as such, whether it be subsequently separated as pure or
impure spirits, or be immediately, or at any subsequent time,
transferred into any other substance, either in the process of original
production, or by any subsequent process.
(e) Alcohol tax is a lien on spirits. Under 26 U.S.C. 5004, the tax
becomes a first lien on the distilled spirits from the time the spirits
come into existence as such. The conditions under which the first lien
terminates are described in 26 U.S.C. 5004.
(f) Tax credit for eligible wines and eligible flavors. Under 26
U.S.C. 5010, a credit against the tax imposed on distilled spirits by
26 U.S.C. 5001 or 7652 on each proof gallon of alcohol derived from
eligible wine, or from eligible flavors which do not exceed 2.5 percent
of the finished product on a proof gallon basis is allowed at the time
the tax is payable as if it constituted a reduction in the rate of tax.
(g) Effective tax rates. Where credit against the tax is desired,
the proprietor liable for the tax must establish an effective tax rate
in accordance with Sec. 19.246. The effective tax rate established
will be applied to each withdrawal or other taxable disposition of the
distilled spirits.

(26 U.S.C. 5001, 5004, 5010, 7652)

Sec. 19.223 Persons liable for tax.

(a) Distilling. Under 26 U.S.C. 5005, the distiller of spirits is
liable for the tax and each proprietor or possessor of, and person in
any manner interested in the use of, any still, distilling apparatus,
or distillery, shall be jointly and severally liable for the tax on
distilled spirits produced. However, a person, not an officer or
director of a corporate proprietor, owning or having the right of
control of not more than 10 percent of any class of stock of that
proprietor, is not liable by reason of the stock ownership or control.
Persons transferring spirits in bond are relieved of tax liability if:
(1) The proprietors of transferring and receiving distilled spirits
plant premises are independent of each other and neither has a
proprietary interest, directly or indirectly, in the business of the
other, and
(2) No person liable for the tax on transferred spirits retains any
interest in the spirits.
(b) Storage on bonded premises. Under 26 U.S.C. 5005(c) each person
operating bonded premises will be liable for the tax on all spirits
while the spirits are stored on the premises, and on all spirits that
are in transit to the premises from the time of removal from the
transferor's bonded premises, pursuant to an approved application.
Liability for the tax continues until the spirits are transferred or
withdrawn from bonded premises as authorized by law, or until the
liability for tax is relieved under the provisions of 26 U.S.C.
5008(a). Claims for relief from liability for spirits lost are covered
in subpart J of this part. Voluntary destruction of spirits in bond is
covered in subpart Q of this part.
(c) Withdrawals without payment of tax. Under 26 U.S.C. 5005(e),
any person who withdraws spirits from the bonded premises of a plant
without payment of tax, as provided in 26 U.S.C. 5214, will be liable
for the tax on the spirits from the time of withdrawal. The person will
be relieved of any liability at the time the spirits are exported,
deposited in a foreign trade zone, used in production of wine,
deposited in a customs bonded warehouse, laden as supplies upon or used
in the maintenance or repair of certain vessels or aircraft, or used
for certain research, development or testing, as provided by law.
(d) Withdrawals free of tax. Persons liable for tax under paragraph
(a) of this section, are relieved of the liability on spirits withdrawn
from bonded premises free of tax under this part, at the time the
spirits are withdrawn.

[[Page 9118]]

(e) Withdrawn from customs custody without payment of tax. Under 26
U.S.C. 5232(a) when imported distilled spirits in bulk containers are
withdrawn from customs custody and transferred to the bonded premises
of a distilled spirits plant without payment of the tax imposed on
imported distilled spirits by 26 U.S.C. 5001, the person operating the
bonded premises of the distilled spirits plant to which spirits are
transferred will become liable for the tax on the spirits upon their
release from customs custody, and the importer will thereupon be
relieved of liability for the tax.

(26 U.S.C. 5005, 5066, 5232)

Requirements for Gauging and Tax Determination

Sec. 19.225 Requirement to gauge and tax determine spirits.

Before withdrawing distilled spirits from bond, the proprietor must
gauge the spirits and determine the tax that is due on the spirits.
This requirement applies to all spirits on which the tax will be either
prepaid or deferred.

(26 U.S.C. 5006, 5204, 5213)

Sec. 19.226 Gauges for tax determination.

There are several acceptable methods that a proprietor may use when
gauging spirits for tax determination.
(a) Cases. If spirits are withdrawn from the bonded premises in
cases, the proprietor must gauge the spirits based on the contents of
the cases. The proprietor will determine the number of proof gallons of
spirits in cases as provided in part 30 of this chapter. The proprietor
must convert metric units of measure to U.S. units according to Sec.
19.579.
(b) Packages. If spirits are withdrawn from the bonded premises in
packages on the basis of an individual package gauge, each package must
be gauged unless the tax is to be determined on the production or
filling gauge. When gauging the packages, the proprietor must prepare a
package gauge record as specified in Sec. 19.619 and attach it to the
record of tax determination that is required by Sec. 19.611.
(c) Tanks. The proprietor must use weight, or an accurate mass flow
meter and proof as prescribed in Sec. Sec. 19.284 and 19.285, to gauge
bulk spirits in tanks that are to be withdrawn on determination of tax.
The proprietor must record the elements of the gauge on the record of
tax determination. As an alternative, the proprietor may record gauge
elements on a separate gauge record, and attach the gauge record to the
record of tax determination.

(26 U.S.C. 5204, 5213)

Sec. 19.227 Determination of the tax.

After gauging, the proprietor must determine the tax on the spirits
to be removed from the bonded premises. The proprietor must use the tax
rate prescribed in 26 U.S.C. 5001 to calculate the tax, unless the
product is eligible for a reduced effective tax rate as provided in 26
U.S.C. 5010. If the product is eligible for a reduced effective tax
rate, the proprietor may use that rate to determine the tax. The
proprietor must record the results of each tax determination in a
record of tax determination as required by Sec. 19.611.

(26 U.S.C. 5213)

Rules for Deferred Payment and Prepayment of Taxes

Sec. 19.229 Deferred payment and prepayment of taxes.

There are two basic methods of paying the tax on distilled spirits
withdrawn from bonded premises: Deferred payment and prepayment.
(a) Deferred payment. Under the deferred payment system, the
proprietor may withdraw spirits from bond after tax determination but
before payment of tax. The excise tax paid is based on the amount of
spirits removed from bond during each return period. In order to pay
taxes under the deferral system, the proprietor must file a withdrawal
bond or unit bond. For detailed information regarding return periods
and filing requirements under the deferred system, see Sec. Sec.
19.234, 19.235 and 19.236.
(b) Prepayment. Under the prepayment system, the proprietor must
pay the distilled spirits tax after tax determination but before
withdrawal of the spirits from bonded premises. See Sec. 19.230 for
conditions that require prepayment of taxes.

(26 U.S.C. 5061)

Sec. 19.230 Conditions requiring prepayment of taxes.

Under certain conditions, the proprietor must prepay the distilled
spirits tax required, using TTB F 5000.24, Excise Tax Return, before
removing spirits from the bonded premises. Those conditions are:
(a) When the proprietor has not given TTB a withdrawal bond or a
unit bond;
(b) When the proprietor has posted a withdrawal or a unit bond, but
has defaulted on any payment of tax under this section, and the tax
payment remains in default. The proprietor must continue to prepay the
tax until the appropriate TTB officer decides that allowing the
proprietor to make deferred tax payments again will not jeopardize the
revenue;
(c) When the proprietor receives a notice from the appropriate TTB
officer that the tax must be prepaid. Such notice may be issued to the
proprietor if--
(1) The proprietor fails to maintain records required by this part
to substantiate the correctness of its tax returns; or
(2) The proprietor fails to comply with any other provision of this
part; or
(d) When the proprietor's withdrawal bond, or the withdrawal
coverage under its unit bond, is for less than the maximum penal sum.
The proprietor must prepay the tax to the extent that a withdrawal
would cause the outstanding tax liability to exceed the limits of
coverage under the bond. See also Sec. 19.231 if the bond is for less
than the maximum penal sum.

(26 U.S.C. 5213, 5555)

Sec. 19.231 Accounting for bond coverage.

When a proprietor furnishes a withdrawal bond or a unit bond to
cover the tax on spirits withdrawn on determination of tax, and such
bond is in less than the maximum penal sum, the proprietor must
maintain an account for the bond to ensure that outstanding tax
liabilities do not exceed the penal sum of the bond. The account must
charge the bond for the amount of liability incurred on each withdrawal
on determination of tax and, credit the bond for each payment of tax
made with a return and for authorized credits taken on a return. If the
balance of the bond account reaches zero, the proprietor may no longer
defer tax payments for taxable withdrawals. Where the bond is for less
than the maximum penal sum and has been allocated among two or more
plants, the proprietor must maintain an account at each plant for that
part of the penal sum allocated to each plant.

(26 U.S.C. 5173)

Requirements for Filing Tax Returns

Sec. 19.233 Filing prepayment returns.

When the proprietor is required to prepay the tax prior to
withdrawal of spirits from the bonded premises, the proprietor must
prepay the tax with a return on form TTB F 5000.24, Excise Tax Return,
and include the remittance with the return. The proprietor may prepay
tax for one or more withdrawals with a single prepayment return on TTB
F 5000.24. The proprietor will note the serial number of the TTB F
5000.24, and the date and time of the prepayment on the individual
record of tax determination. The proprietor may not remove spirits from
the bonded premises until the tax has been paid.

[[Page 9119]]

(26 U.S.C. 5061)

Sec. 19.234 Filing deferred payment returns.

A proprietor must pay the tax on spirits withdrawn from bond for
deferred payment of tax by filing a return on form TTB F 5000.24,
Excise Tax Return. The proprietor must execute and file TTB F 5000.24
for each return period, even when no tax is due for a particular return
period. The proprietor of each bonded premises must pay the full amount
of distilled spirits tax determined for all spirits released for
withdrawal from the bonded premises on determination of tax during the
period covered by the return (except spirits on which tax has been
prepaid).

(26 U.S.C. 5061)

Sec. 19.235 Deferred payment return periods--quarterly and
semimonthly.

(a) Two types of return periods. The IRC provides for two different
return periods for those taxpayers who pay their taxes on a deferred
basis: Quarterly and semimonthly. Small taxpayers that meet certain
criteria are eligible to use quarterly return periods and pay their
taxes on a quarterly basis. Larger taxpayers must use semimonthly
return periods and pay their taxes on a semimonthly basis.
(b) Quarterly return period. Effective January 1, 2006, a taxpayer
that reasonably expects to be liable for not more than $50,000 in taxes
with respect to distilled spirits imposed by 26 U.S.C. 5001 and 7652
for the current calendar year, and that was liable for not more than
$50,000 in such taxes in the preceding calendar year, may choose to use
a quarterly return period. However, the taxpayer may not use the
quarterly return period procedure for any portion of the calendar year
following the first date on which the aggregate amount of tax due from
the taxpayer during the calendar year exceeds $50,000, and any tax
which has not been paid on that date will be due on the 14th day after
the last day of the semimonthly period in which that date occurs. The
following additional rules apply to the quarterly return period
procedure under this section:
(1) A taxpayer with multiple locations must combine the distilled
spirits tax liability for all locations to determine eligibility for
the quarterly return procedure;
(2) A taxpayer that has both domestic operations and import
transactions must combine the distilled spirits tax liability on the
domestic operations and the imports to determine eligibility for the
quarterly return procedure;
(3) The controlled group rules of 26 U.S.C. 5061(e), which concern
treatment of controlled groups as one taxpayer, do not apply for
purposes of determining eligibility for the quarterly return procedure.
However, a taxpayer that is eligible for the quarterly return
procedure, and that is a member of a controlled group that owes $5
million or more in distilled spirits excise taxes per year, is required
to pay taxes by electronic fund transfer (EFT). Quarterly payments via
EFT must be transmitted in accordance with section 5061(e);
(4) A new taxpayer is eligible to file quarterly returns in the
first year of business simply if the taxpayer reasonably expects to be
liable for not more than $50,000 in distilled spirits taxes during that
calendar year; and
(5) If a taxpayer filing quarterly exceeds $50,000 in tax liability
during a taxable year and therefore must revert to the semimonthly
return procedure, that taxpayer may resume quarterly payments only
after a full calendar year has passed during which the taxpayer's
liability did not exceed $50,000.
(c) Semimonthly return period. Except in the case of a taxpayer
that qualifies for, and chooses to use, quarterly return periods as
provided in paragraph (b) of this section, all other taxpayers must use
semimonthly return periods for deferred payment of tax. The semimonthly
return periods will run from the 1st day through the 15th day of each
month, and from the 16th day through the last day of each month, except
as otherwise provided in Sec. 19.237.
(d) Definitions. For purposes of this section, the following terms
have the meanings indicated:
Reasonably expects. When used with reference to a taxpayer,
reasonably expects means that there is no existing or anticipated
circumstances known to the taxpayer (such as an increase in production
capacity) that would cause the taxpayer's tax liability to exceed the
prescribed limit.
Taxpayer. A taxpayer is an individual, corporation, partnership, or
other entity that is assigned a single Employer Identification Number
(EIN) as defined in 26 CFR 301.7702.12.

(26 U.S.C. 5061)

Sec. 19.236 Due dates for returns.

(a) Semimonthly returns. Except when payment is pursuant to a
quarterly return as provided in paragraph (b) of this section, where
the proprietor of bonded premises has withdrawn spirits from such
premises on determination and before payment of tax, the proprietor
must file a semimonthly tax return covering such spirits on form TTB F
5000.24, Excise Tax Return, and remittance, as required by Sec.
19.238, Sec. 19.239 or Sec. 19.240, not later than the 14th day after
the last day of the return period, except for returns filed for
September as provided in Sec. 19.237. If the due date falls on a
Saturday, Sunday, or legal holiday, the return and payment are due on
the immediately preceding day that is not a Saturday, Sunday, or legal
holiday, except as provided in Sec. 19.237(c).
(b) Quarterly returns. Where the proprietor of bonded premises has
withdrawn spirits from such premises on determination and before
payment of tax, and the proprietor uses quarterly return periods as
provided in Sec. 19.235(b), the proprietor must file a quarterly
return covering such spirits on TTB F 5000.24, and remittance, as
required by Sec. 19.238, Sec. 19.239, or Sec. 19.240, not later than
the 14th day after the last day of the quarterly return period. If the
due date falls on a Saturday, Sunday, or legal holiday, the return and
remittance will be due on the immediately preceding day which is not a
Saturday, Sunday, or legal holiday.

(26 U.S.C. 5061)

Sec. 19.237 Special rule for semimonthly filers for the month of
September.

(a) Returns required for September. If the proprietor is required
to file semimonthly returns as provided in Sec. 19.235(c), there are
three return periods during the month of September. The first
semimonthly return period is from the 1st day through the 15th day of
the month and the return with remittance is due by the 29th of
September. The second semimonthly return period for the month of
September is divided into two payment periods. The exact dates of these
periods depend upon whether the proprietor remits tax payments by EFT.
(1) Taxpayments by EFT. If the proprietor remits tax payments by
EFT, the two payment periods for the second half of September are from
the 16th through the 26th, and from the 27th through the 30th. The
return on form TTB F 5000.24 and remittance for the period September
16-26 is due on or before September 29. The return on TTB F 5000.24 and
remittance for the period September 27-30 is due no later than October
14.
(2) Taxpayment other than by EFT. If the proprietor is not required
to pay the distilled spirits tax by EFT, the two payment periods for
the second half of September are from the 16th through the 25th and
from the 26th through the 30th. The return on TTB F 5000.24 and
remittance for the period September 16-25 is due on or before September
28.

[[Page 9120]]

The return on TTB F5000.24 and remittance for the period September 26-
30 is due no later than October 14.
(b) Amount of payment: Safe harbor rule. (1) EFT Taxpayers. The
proprietor satisfies the requirements of paragraph (a)(1) of this
section if by September 29 the amount paid is at least eleven-
fifteenths (73.3 percent) of the tax liability incurred in the
semimonthly return period for September 1-15, and the proprietor also
pays any underpayment of tax resulting from the use of the safe harbor
rule on or before October 14.
(2) Other than EFT taxpayers. The proprietor satisfies the
requirements of paragraph (a)(2) of this section if the amount paid by
September 28 is at least two-thirds (66.7 percent) of the tax liability
incurred in the semimonthly return period for September 1-15, and the
proprietor also pays any underpayment of tax resulting from the use of
the safe harbor rule on or before October 14.
(c) Weekends and holidays. If the required tax payment due date for
the return period September 16-25 (non-EFT taxpayers) or September 16-
26 (EFT taxpayers), falls on a Saturday or legal holiday, the
proprietor's return and remittance are due on the immediately preceding
day. If the required tax payment due date falls on a Sunday, the
proprietor's return and payment are due on the immediately following
day.
(d)
Example. Payment of tax for the month of September: (1) Facts.
X, a proprietor required to pay taxes by electronic fund transfer,
incurred tax liability in the amount of $30,000 for the first
semimonthly period of September. For the period September 16-26, X
incurred tax liability in the amount of $45,000, and for the period
September 27-30, X incurred tax liability in the amount of $2,000.
(2) Payment requirement. X's payment of tax in the amount of
$30,000 for the first semimonthly period of September is due no
later than September 29. X's payment of tax for the period September
16-26 is also due no later than September 29. X may use the safe
harbor rule to determine the amount of payment due for the period of
September 16-26. Under the safe harbor rule, X's payment of tax must
equal $22,000.00, eleven-fifteenths of the tax liability incurred
during the first semimonthly period of September. Additionally, X's
payment of tax in the amount of $2,000 for the period September 27-
30 must be paid no later than October 14. X must also pay the
underpayment of tax, $23,000.00, for the period September 16-26, no
later than October 14.

(26 U.S.C. 5061)

Sec. 19.238 Payment by mail or courier.

(a) Payment by mail. The proprietor must file each return on form
TTBF 5000.24 in accordance with the instructions printed on the form.
If the proprietor submits the return by U.S. mail, the official
postmark of the U.S. Postal Service stamped on the cover in which the
return is mailed will be considered to be the date of delivery of the
return and also the remittance, if included. If the postmark on the
cover is illegible, the proprietor will bear the burden of proving when
the postmark was made. If the proprietor sends the return with or
without remittance by registered mail or certified mail, the date of
registry, or the date of the postmark on the sender's postal receipt
for certified mail, will be treated as the date of delivery of the
return and also of the remittance, if included.
(b) Payment by courier or other private delivery service. A
proprietor may send a return, with or without remittance, by courier or
other private delivery service. If the proprietor sends the return with
or without remittance with a courier or private delivery service that
is available to the general public and that is at least as timely and
reliable as the U.S. mail, and the delivery service has tracking and
tracing procedures for its deliveries, TTB will consider the date of
tender to the delivery service as recorded in the tracking and tracing
record for the parcel as the date of delivery. If the proprietor sends
the return, with or without remittance, by courier or other private
delivery service that does not meet the above requirements, the actual
date of delivery to TTB will be treated as the date of delivery of the
return and also of the remittance, if included.

(26 U.S.C. 6302)

Sec. 19.239 Form of payment.

(a) General. The proprietor must pay the tax due on spirits when
filing a return on form TTB F 5000.24, Excise Tax Return. The
remittance for the tax must accompany the return and may be in any form
that is authorized by Sec. 70.61 of this chapter and acceptable to the
appropriate TTB officer. Exception: This does not apply to payments
that must be made by EFT. For EFT payments see Sec. 19.240.
(b) Consequences of default. If a check or money order tendered in
payment of taxes is not paid on presentment, or if the taxpayer is
otherwise in default in payment, then any remittance made during the
period of default must be either in cash or by an acceptable certified
instrument. The proprietor must continue to pay in cash or by certified
instrument as long as the proprietor remains in default, and until the
appropriate TTB officer finds that accepting a check will not
jeopardize the revenue.
(c) Certified instruments. Acceptable certified instruments include
certified checks, cashier's checks or treasurer's checks drawn on any
bank or trust company incorporated under the laws of the United States,
or under the laws of any State, Territory or possession of the United
States, or a money order, as provided in Sec. 70.61 of this chapter.
(d) Payment of taxes. The proprietor must make checks or money
orders payable to ``Alcohol and Tobacco Tax and Trade Bureau''.

(26 U.S.C. 5061, 6311)

Sec. 19.240 Payment of tax by electronic fund transfer.

(a) General. (1) Criteria requiring ETF payment. Under certain
conditions, a proprietor may not make payments by cash, check, or money
order. Instead, the proprietor must use the services of a commercial
bank to pay tax on distilled spirits tax by EFT. Payments must be made
by EFT in the current calendar year if the proprietor, as a taxpayer,
was liable for $5 million or more in taxes on distilled spirits during
the prior calendar year. For the purpose of determining whether the
proprietor is subject to this requirement, the proprietor must use the
total amount of tax liability on distilled spirits incurred under this
part and parts 26 and 27 of this chapter (gross tax liability). Gross
tax liability includes the distilled spirits tax on all taxable
withdrawals of spirits and taxable importations of spirits, as well as
tax on spirits brought into the United States from Puerto Rico and the
Virgin Islands during the calendar year. This figure includes taxes
incurred at any and all premises at which the proprietor conducts
regulated activities. The proprietor may not net out or adjust for any
drawback, credits or refunds of tax that are allowed. Overpayments made
in excess of actual tax liability will not be included in the gross tax
liability figure.
(2) Controlled group. If the taxpayer is a member of a controlled
group, the controlled group is treated as a single taxpayer when
calculating liability of $5 million or more in distilled spirits taxes
during the prior calendar year. A controlled group is a related group
of taxpayers and is defined in subpart D of part 70 of this chapter.
(3) Separate return and payment for each DSP. When the proprietor
makes payments by EFT, the proprietor must file a separate return on
form TTB F 5000.24 and make a separate EFT

[[Page 9121]]

payment for each DSP from which spirits are withdrawn upon
determination of tax.
(b) Requirements--(1) Notice to TTB. If the proprietor's gross
distilled spirits tax liability is $5 million or more in one calendar
year, the proprietor must notify the appropriate TTB officer of this
fact not later than January 10 of the following year. The proprietor
must use the total amount of tax liability incurred under this part and
parts 26 and 27 of this chapter to determine whether it must make this
notification. Exception: this notice requirement does not apply if the
proprietor already pays tax on distilled spirits by EFT. The notice
shall be an agreement to make payments by EFT.
(2) Separate EFT for each return. For each return filed in
accordance with this part, the proprietor will direct the bank to make
an EFT to the Treasury Account for the amount of the tax reported due
on the return. The proprietor must give instructions to the bank early
enough for the EFT to be made to the Treasury Account by no later than
close of business on the last day for filing the return as prescribed
in Sec. Sec. 19.236 or 19.237, as appropriate.
(3) Discontinuing EFT payments. If the proprietor pays tax by EFT
and has a gross tax liability of less than $5 million in distilled
spirits taxes during a calendar year, combining tax liabilities
incurred under this part and parts 26 and 27 of this chapter, payment
by EFT will be optional in the following year. The proprietor may
continue to remit tax payment by EFT as provided in this section, or
the proprietor may remit taxpayment using any acceptable method as set
forth in Sec. 19.239. If the proprietor decides to stop paying tax by
EFT, the proprietor must give the appropriate TTB officer written
notice of that decision. The proprietor must attach a written notice to
the first return on form TTB F 5000.24 filed using a method of payment
other than EFT. Such notice must state that tax is not due by EFT
because the proprietor's tax liability during the preceding calendar
year was less than $5 million. The proprietor must further state that
future tax payments will be filed with the returns on TTB F 5000.24.
(c) Remittance--(1) Identifying EFT payments. When the proprietor
completes the return on TTB F 5000.24, the proprietor must indicate on
the form that the tax was paid by EFT. The proprietor must file the
completed TTB F 5000.24 with TTB as directed by the instructions on the
form.
(2) Credit for payment. TTB will credit the proprietor as having
made a tax payment when the Treasury Account receives the EFT. TTB
considers the EFT to be received by the Treasury Account when the EFT
is paid to a Federal Reserve Bank.
(3) Record of payment. When a proprietor directs a bank to make an
EFT as required by paragraph (b)(2) of this section, any transfer data
record furnished to the proprietor as part of normal banking procedures
will serve as the record of payment. The proprietor will retain this
document as part of the required records.
(d) Failure to make a tax payment by EFT. The proprietor will be
subject to a penalty imposed by 26 U.S.C. 5684, 6651, or 6656 for
failure to make a required EFT tax payment before close of business on
the last day for filing.
(e) Procedure. Upon receipt of a notice filed pursuant to paragraph
(b)(1) of this section, the appropriate TTB officer will provide the
proprietor with a copy of the TTB Procedure entitled ``Payment of Tax
by Electronic Fund Transfer''. This publication outlines the procedure
that the proprietor must follow when preparing returns and payments by
EFT as required by this part. The proprietor must follow instructions
provided by Customs and Border Protection (CBP) for submitting the EFT
payments that must be made to CBP.

(26 U.S.C. 5061, 6302)

Requirements for Employer Identification Numbers

Sec. 19.242 Employer identification number.

The proprietor must enter the employer identification number (EIN)
assigned to it by the Internal Revenue Service on each form TTB F
5000.24, Excise Tax Return, filed with TTB. Failure to enter the
assigned EIN on TTB F 5000.24, may result in a $50.00 penalty for each
occurrence as specified in Sec. 70.113 of this chapter.

(26 U.S.C. 6109, 6723)

Sec. 19.243 Application for employer identification number.

(a) Use Form SS-4. The proprietor must obtain an employer
identification number (EIN) by filing an application with the Internal
Revenue Service (IRS) on Form SS-4. Form SS-4 is available from
Internal Revenue Service Centers, from IRS District Directors, the IRS
Web site at http://www.irs.gov, or from TTB's National Revenue Center.
The proprietor may file this form with IRS by mail, telephone, or fax
by following the instructions on the form.
(b) Time limit. If the proprietor has not already received, or
applied for, an EIN at the time that the first return on form TTB F
5000.24, Excise Tax Return, is filed, the proprietor must file such
application for an EIN not later than seven days from the date of
filing the TTB F 5000.24.
(c) One EIN only. Each proprietor must obtain and use only one EIN,
regardless of the number of places of business for which the proprietor
is required to file a tax return under this subpart.

(26 U.S.C. 6109)

Effective Tax Rates

Sec. 19.245 Tax credits under 26 U.S.C. 5010.

(a) The distilled spirits tax. Sections 5001 and 7652 of the IRC
impose a tax on all distilled spirits produced in, or imported into, or
brought into the United States at the rate prescribed in section 5001
of the IRC.
(b) Tax credits. Section 5010 of the IRC provides a credit for the
wine and flavors content in distilled spirits products. These credits
effectively reduce the rate of excise tax paid on distilled spirits
products that contain eligible wines and eligible flavors. As a result,
the alcohol derived from eligible wine is taxed at the rates specified
for wine in 26 U.S.C. 5041, and the alcohol derived from eligible
flavors is not taxed to the extent that it does not exceed 2.5 percent
of the alcohol in the product. This results in an effective tax rate on
the distilled spirits product that is lower than the rate prescribed in
26 U.S.C. 5001.
(c) Eligible wine and eligible flavor. The credit for the wine and
flavor content of a distilled spirits product is allowable only if the
wine or flavor contained in the product is an ``eligible wine'' or an
``eligible flavor''. To determine whether a wine or flavor is eligible,
refer to the definitions in Sec. 19.1 and 26 U.S.C. 5010.
(d) Application of effective tax rates. Section 19.246 describes
how the proprietor should compute the effective tax rate for each
distilled spirits product containing eligible wine or eligible flavor.
Sections 19.247 through 19.250 set forth several different methods that
the proprietor may use in applying the effective tax rates to taxable
removals of products from the proprietor's bonded premises.

(26 U.S.C. 5010)

Sec. 19.246 Computing the effective tax rate for a product.

(a) How to compute effective tax rates. In order to determine the
effective tax rate for a distilled spirits product containing eligible
wine or eligible flavor, the proprietor must first determine the total
excise taxes due on the product from all sources including

[[Page 9122]]

distilled spirits, eligible wine, and alcohol from eligible flavors in
excess of 2.5 percent of the total proof gallons in the product. Then,
the proprietor must determine the total number of proof gallons of
alcohol in the product regardless of the source. By dividing the total
tax (numerator) by the total number of proof gallons (denominator) the
proprietor will arrive at the effective tax rate for the product in
dollars per proof gallon. The proprietor will compute the effective tax
rate according to the following formula:
(1) Numerator. The numerator will be the sum of:
(i) The proof gallons of all distilled spirits used in the product
(exclusive of distilled spirits derived from eligible flavors),
multiplied by the tax rate prescribed by 26 U.S.C. 5001;
(ii) The wine gallons of each eligible wine used in the product,
multiplied by the tax rate prescribed by 26 U.S.C. 5041(b)(1), (2), or
(3), that would be imposed on the wine but for its removal to bonded
premises. Three different tax classes of wine are eligible for the tax
credit. The proprietor will have to repeat this step for each different
tax class of eligible wine used; and
(iii) The proof gallons of all distilled spirits derived from
eligible flavors used in the product, multiplied by the tax rate
prescribed by 26 U.S.C. 5001, but only to the extent that such
distilled spirits exceed 2.5 percent of the denominator prescribed in
paragraph (a)(2) of this section.
(2) Denominator. The denominator will be the sum of:
(i) The proof gallons of all distilled spirits used in the product,
including distilled spirits derived from eligible flavors; and
(ii) The wine gallons of each eligible wine used in the product,
multiplied by twice the percentage of alcohol by volume of each,
divided by 100.
(b) Rounding numbers--(1) Proof gallons. When determining the
effective tax rate, the proprietor must express quantities of distilled
spirits, eligible wine, and eligible flavors to the nearest tenth of a
proof gallon.
(2) Tax rates. The proprietor may round the effective tax rate to
as many decimal places as the proprietor deems appropriate, provided
that the rate is expressed no less exactly than the rate rounded to the
nearest whole cent. The proprietor must be consistent and round the
effective tax rates for all products to the same number of decimal
places. When rounding, if the number to the right of the last decimal
place to be kept is less than five, it will be dropped, if it is five
or over, a unit will be added.
(c) Example. The following is an example of the use of the
formula.
---------------------------------------------------------------------------

\1\ Proof gallons by which distilled spirits derived from
eligible flavors exceed 2.5% of the total proof gallons in the batch
(100.9 - (2.5% x 3,371.8) = 16.6).

Batch Record
------------------------------------------------------------------------

------------------------------------------------------------------------
Distilled spirits................... 2249.1 proof gallons.
Eligible wine (14% alcohol by 2265.0 wine gallons.
volume).
Eligible wine (19% alcohol by 1020.0 wine gallons.
volume).
Eligible flavors.................... 100.9 proof gallons.
------------------------------------------------------------------------

[GRAPHIC] [TIFF OMITTED] TR16FE11.000

(26 U.S.C. 5010)

Sec. 19.247 Use of effective (actual) tax rates.

(a) Select method of applying tax rate. The proprietor may choose
to apply an effective tax rate to taxable removals of distilled spirits
products in accordance with Sec. 19.248, Sec. 19.249, or Sec.
19.250. Any proprietor who does not elect one of these options must
establish an effective tax rate for each batch of distilled spirits
product on which a claim for tax credit for alcohol derived from
eligible wine or eligible flavor will be made. The proprietor must
compute the effective tax rates for these products in accordance with
the instructions in Sec. 19.246.
(b) Record tax rates used. The proprietor must record the effective
tax rate used on the dump or batch records for the products as required
by Sec. 19.598. The proprietor must record the serial numbers of cases
of product removed at each rate on the record of tax determination or
other related record. The proprietor must keep these records available
for inspection by TTB officers.

(26 U.S.C. 5010, 5207)

Sec. 19.248 Standard effective tax rate.

(a) Establishing a standard effective tax rate for a product. The
proprietor may establish a permanent standard effective tax rate for
any eligible distilled spirits product, rather than calculate a
separate effective tax rate for each batch of product made. If the
proprietor elects to use this option, the proprietor must determine the
permanent standard effective tax rate based on the least quantity and
the lowest alcohol content of eligible wine or eligible flavors used to
manufacture the product. Thus, the permanent standard effective tax
rate is the highest tax rate that would apply to the product because it
is based on a batch with the least amount of alcohol from eligible wine
and flavors that qualify for the credit under 26 U.S.C. 5010. By using
this method the proprietor forgoes the

[[Page 9123]]

possible use of a lower tax rate in exchange for the convenience of
using a permanent standard effective tax rate that does not have to be
recomputed for each batch of product made. The proprietor must keep a
permanent record of the standard effective tax rates established for
each product, in accordance with Sec. 19.615.
(b) Batches subject to a higher tax rate. Whenever the proprietor
manufactures a batch of the product with a lesser quantity or lower
alcohol content of eligible wine or eligible flavor, this will result
in a higher tax rate on the product since the product will have less
alcohol qualifying for the credit under 26 U.S.C. 5010 and a higher
percentage of alcohol taxable at the rate published in 26 U.S.C. 5001.
In such instances, the proprietor must keep the cased goods segregated
from other completed cases of the same product subject to the permanent
standard effective tax rate for that product. The proprietor must
determine the tax rate for the nonstandard batch in accordance with
Sec. 19.247.
(c) TTB review of standard tax rates. If the appropriate TTB
officer finds that the use of this procedure jeopardizes the revenue,
or causes administrative difficulty, the proprietor upon notification
from TTB must discontinue use of this procedure.

(26 U.S.C. 5010, 5207)

Sec. 19.249 Average effective tax rate.

(a) Establishing an average tax rate. The proprietor may establish
an average effective tax rate for any eligible distilled spirits
product based on the total proof gallons in all batches of the same
composition which have been produced during the preceding 6-month
period and which have been or will be bottled or packaged, in whole or
in part, for domestic consumption. At the beginning of each month, the
proprietor must recompute the average effective tax rate so as to
include only the immediately preceding 6-month period. The proprietor
must show the average tax rate established for a product in the record
of average effective tax rates as prescribed in Sec. 19.613.
(b) TTB review of average effective tax rates. If the appropriate
TTB officer finds that the use of this procedure jeopardizes the
revenue, or causes administrative difficulty, the proprietor upon
notification from TTB must discontinue use of this procedure.

(26 U.S.C. 5010, 5207)

Sec. 19.250 Inventory reserve account.

(a) The proprietor may establish an inventory reserve account for
any eligible distilled spirits product by maintaining an inventory
reserve record as prescribed by Sec. 19.614. The effective tax rate
applied to each removal or other disposition will be the effective tax
rate recorded on the inventory reserve record from which the removal or
other disposition is depleted. With an inventory reserve account, the
proprietor will tax pay removals on a first-in first-out basis
regardless of which lot of product is actually removed.
(b) If the appropriate TTB officer finds that the use of this
procedure jeopardizes the revenue, or causes administrative difficulty,
the proprietor upon notification from TTB must discontinue use of this
procedure.

(26 U.S.C. 5010, 5207)

Assessment of Taxes by TTB

Sec. 19.253 Assessment of tax on spirits not accounted for or
reported.

The proprietor is required by law to properly account for and
report all spirits that it produces. TTB will assess the proprietor for
the tax on the difference between the quantity reported and the
quantity actually produced.

(26 U.S.C. 5006)

Sec. 19.254 Assessment of tax for losses or unauthorized removals.

(a) Lost or destroyed in bond. TTB will assess the proprietor for
the tax on spirits, denatured spirits, or wines in bond that are lost
or destroyed if:
(1) The proprietor is liable for the tax on spirits, denatured
spirits, or wines in bond, and the proprietor fails to file a claim for
remission of the tax on spirits, denatured spirits, or wines that are
lost or destroyed in bond as provided in Sec. 19.263(a), or
(2) The proprietor files a claim for such loss or destruction but
the claim is denied. Exception: The provisions of this section do not
apply to spirits, denatured spirits, or wines on which the tax is not
collectable due to the provisions of 26 U.S.C. 5008(a) or (d), or 26
U.S.C. 5370, as applicable.
(b) Unauthorized removal from bond. (1) TTB will assess the
proprietor for the tax on any spirits, denatured spirits, or wines in
bond that are removed from bonded premises other than as authorized by
law.
(2) TTB will assess the proprietor for tax on spirits or denatured
spirits lost from casks or other packages as described in 26 U.S.C.
5006(b) if the proprietor does not pay the tax upon demand by the
appropriate TTB officer.

(26 U.S.C. 5006, 5008, 5370)

Additional Tax Provisions

Sec. 19.256 Tax on wine.

(a) Imposition of tax. All wine (including imitation, substandard,
or artificial wine, and compounds sold as wine) produced in or imported
into or brought into the United States is subject to tax pursuant to 26
U.S.C. 5041 or 7652. The proprietor may be liable for wine taxes under
26 U.S.C. 5362(b)(3) for wine that is transferred in bond to the
proprietor's distilled spirits plant. The proprietor may not remove
wine from the bonded premises of a distilled spirits plant for
consumption or sale as wine. (See 26 U.S.C. 5362.)
(b) Liability for tax. Except as otherwise provided by law, the
proprietor is liable for the tax on wine transferred in bond to the
proprietor's distilled spirits plant from a bonded wine cellar or from
another distilled spirits plant until the proprietor uses the wine in
the manufacture of a distilled spirits product or properly disposes of
the wine as provided elsewhere in this part.

(26 U.S.C. 5041, 5362, 7652)

Sec. 19.257 Imported spirits.

The proprietor will incur a tax liability greater than the internal
revenue tax imposed by 26 U.S.C. 5001(a)(1), if spirits originally
imported for nonbeverage purposes are transferred from customs custody
to TTB bonded premises pursuant to 26 U.S.C. 5232, and the proprietor
subsequently decides to withdraw the spirits for beverage purposes. If
the spirits would have been subject to a higher duty had they been
imported for beverage purpose, the proprietor must pay a tax equal to
the difference between the higher duty and the duty actually paid.
Proprietors will refer to this additional tax as ``additional tax--less
duty'' and pay it at the same time and in the same manner as the
distilled spirits excise tax. Proprietors must compute the amount of
``additional tax--less duty'' owed by applying this rate to the total
quantity of proof gallons withdrawn. The proprietor must make a
separate entry on the tax return labeled ``additional tax--less duty''
and show the amount of tax due.

(26 U.S.C. 5001)

Sec. 19.258 Additional tax on nonbeverage spirits.

The additional tax imposed by 26 U.S.C. 5001(a)(8), on imported
spirits withdrawn from customs custody without payment of tax and later
withdrawn from bonded premises for beverage purposes, and the related
provisions of Sec. 19.257, are not

[[Page 9124]]

applicable to Puerto Rican or Virgin Islands spirits brought into the
United States and transferred to bonded premises under the provisions
of this part.

(26 U.S.C. 5201)

Subpart J--Claims

Sec. 19.261 Scope.

This subpart covers the various types of claims that a proprietor
may file and includes provisions regarding the following:
(a) General requirements for filing claims;
(b) Specific requirements for filing certain types of claims; and
(c) Remission, abatement, credit and refund of tax.

(26 U.S.C. 5008, 5215, 6065)

Requirements for Filing Claims

Sec. 19.262 General requirements for filing claims.

(a) A proprietor must file all claims for abatement, remission,
credit, or refund under this part on form TTB F 5620.8, Claim--Alcohol
and Tobacco Tax and Trade Bureau Taxes. The claim must:
(1) Be filed with TTB's National Revenue Center;
(2) Show the name, address, and capacity of the claimant;
(3) Be signed by the claimant or by the claimant's duly authorized
agent under penalties of perjury as provided in Sec. 19.45; and
(4) Include any supporting documents required by this part. The
supporting documents will be considered a part of the claim.
(b) The appropriate TTB officer may require that the claimant
submit additional evidence or documentation to further support the
legitimacy or accuracy of the claim.

(26 U.S.C. 5008, 5215, 6065)

Sec. 19.263 Claims on spirits, denatured spirits, articles, or wines
lost or destroyed in bond--specific requirements.

(a) Claims for remission. A claim for remission of tax liability
relating to the destruction or loss of spirits, denatured spirits,
articles, or wines in bond must include the following information:
(1) Identity of containers. Identification of the containers, by
serial number if they were numbered, and location of the containers
from which the spirits, denatured spirits, articles, or wines were
lost, or in which they were removed for destruction;
(2) Quantity of spirits. The quantity of spirits, denatured
spirits, articles, or wines lost or destroyed from each container, and
the total quantity of spirits or wines covered by the claim;
(3) Amount of claim. The total amount of tax for which the claim is
filed;
(4) Identity of distilled spirits plant. The name, number, and
address of the distilled spirits plant from which withdrawn without
payment of tax or removed for transfer in bond, if the claim involves
spirits so withdrawn or removed or if the claim involves wines
transferred in bond, and the date and purpose of such withdrawal or
removal. In the case of imported spirits lost or destroyed while being
transferred from customs custody to TTB bond as provided in Sec.
19.409, the name of the customs bonded warehouse, if any, and port of
entry will be included instead of the plant name, number, and address;
(5) Date and cause. The date of the loss or destruction: If the
date is not known, enter the date the loss or destruction was
discovered. Include the cause of the loss together with relevant facts
and details;
(6) Carrier. The name of the carrier if the loss occurred while the
spirits were in transit;
(7) Consignee. The name and address of the consignee, in the case
of spirits withdrawn without payment of tax which are lost before being
used for research, development, or testing;
(8) Theft. If lost by theft, the facts establishing that the loss
did not occur as the result of any negligence, connivance, collusion,
or fraud on the part of the proprietor of the plant, owner, consignor,
consignee, bailee, or carrier, or the employees or agents of any of
them; and
(9) Insurance. In the case of a loss by theft, whether the claimant
is indemnified or recompensed for the spirits or wines lost and if so,
the amount and nature of indemnity or recompense and the actual value
of the spirits or wines, less the tax.
(b) Claims for abatement, credit or refund. If a proprietor files a
claim for abatement of an assessment, or for credit or refund of tax
that has been paid or determined, for spirits, denatured spirits,
articles, or wines lost or destroyed in bond, the claim must include
all of the applicable information described in paragraph (a) of this
section as well as the following:
(1) The date of assessment or payment of the tax for which
abatement, credit or refund is claimed. If the tax has not been
assessed or paid, give the date of the tax determination; and
(2) The name, plant number and address of the plant where the tax
was determined, assessed or paid. If the tax was assessed against, or
paid by, someone other than the proprietor, then give the name, address
and capacity of the person who was assessed or paid the tax.
(c) Supporting documents-- (1) General. If possible, the proprietor
should support the information and details on all claims filed under
this section with affidavits by persons having personal knowledge of
the circumstances of the loss or destruction.
(2) Losses in transit. For claims on spirits, denatured spirits,
articles, or wines lost while being transferred by a carrier, the claim
must be supported by a copy of the bill of lading.
(3) Spirits withdrawn without payment of tax. If the lost spirits
were withdrawn without payment of tax for research, development, or
testing, the claim must be supported by a copy of the proprietor's
sample record prescribed in subpart V of this part.

(26 U.S.C. 5008, 5370)

Sec. 19.264 Claims on spirits returned to bonded premises--specific
requirements.

(a) General. Section 5215(a) of the IRC allows for the return of
tax paid or tax determined spirits to the bonded premises of a
distilled spirits plant under certain conditions. In addition, section
5008(c) of the IRC allows a proprietor to file a claim for credit or
refund of tax on the spirits returned to bonded premises under section
5215(a). For information on allowable returns see subpart Q of this
part.
(b) Claims for credit or refund. A claim for credit or refund of
tax on spirits returned to bonded premises under section 5215(a) must
include the following information:
(1) Quantity of spirits so returned;
(2) Amount of tax for which the claim is filed;
(3) Name, address, and plant number of the plant to which the
spirits were returned and the date of the return;
(4) The purpose for which the spirits were returned; and
(5) The serial number of the gauge record for the returned spirits.
(c) Puerto Rican and Virgin Islands spirits and imported rum. If
the alcoholic content of the spirits contain at least 92 percent Puerto
Rican or Virgin Islands rum, or if the spirits contain rum imported
from any area other than Puerto Rico and the Virgin Islands, the claim
must show:
(1) Proof gallons of the finished product derived from Puerto Rican
or Virgin Islands spirits, or derived from rum imported from any other
area; and
(2) The amount of tax imposed by 26 U.S.C. 7652 or 26 U.S.C. 5001,
determined at the time of withdrawal from bond, on the Puerto Rican or

[[Page 9125]]

Virgin Islands spirits, or on the rum imported from any other area,
contained in the product.
(d) Products subject to 26 U.S.C. 5010 tax credits. A claim for
credit or refund of tax on spirits containing eligible wine or eligible
flavors must include the date and serial number of the record of tax
determination and the effective tax rate at which the tax was paid or
determined. If this information is not provided, the amount of tax
claimed will be based on the lowest effective tax rate applied to the
product.
(e) Limits on claims. Claims for credit or refund of tax must be
filed by the proprietor of the plant to which the spirits were
returned. The claim must be filed within six months of the date of the
return. No interest is allowed on any claims for refund or credit.

(26 U.S.C. 5008, 5215)

Sec. 19.265 Claims relating to spirits lost after tax determination.

Claims for abatement, credit, or refund of tax under this part,
relating to losses of spirits occurring on bonded premises after tax
determination but prior to physical removal from such premises, will be
prepared and filed in accordance with the regulations in Sec.
19.263(b) and (c).

(26 U.S.C. 5008)

Rules Regarding Credits, Abatement, Remission, or Refund

Sec. 19.266 Claims for credit of tax.

A proprietor may file a claim for credit of tax, as provided in
this part, after the tax has been determined, whether or not the tax
has been paid. However, a proprietor may not anticipate allowance of a
credit or make an adjusting entry in a tax return pending action on the
claim.

(26 U.S.C. 5008, 5215)

Sec. 19.267 Adjustments for credited tax.

When a proprietor receives a notice of allowance of credit from
TTB, including notification of credit for tax on spirits exported with
benefit of drawback as provided in part 28 of this chapter, the
proprietor will make an adjusting entry and an explanatory statement on
its next excise tax return. The proprietor will identify the
notification of allowance of credit that authorizes the adjusting entry
in the explanatory statement. If the allowable tax credit is greater
than the tax due on the excise tax return, the proprietor will apply
the balance of the tax credit to one or more following tax returns
until the tax credit is exhausted.

(26 U.S.C. 5008, 5062)

Sec. 19.268 Allowance of remission, abatement, credit, or refund of
tax.

The appropriate TTB officer is authorized to allow claims for
remission, abatement, credit, and refund of tax, filed under the
provisions of this part.

(26 U.S.C. 5008)

Rules for Puerto Rican and Virgin Islands Spirits

Sec. 19.269 Puerto Rican and Virgin Islands spirits.

(a) The provisions of 26 U.S.C. 5008, authorizing abatement,
remission, credit, or refund for loss or destruction of distilled
spirits, also apply to spirits brought into the United States from
Puerto Rico or the Virgin Islands with respect to the following:
(1) Spirits lost while in TTB bond;
(2) Voluntary destruction of spirits in bond;
(3) Spirits returned to bonded premises after withdrawal without
payment of tax; and
(4) Spirits returned to bonded premises after withdrawal upon tax
determination.
(b) In addition to the information required by Sec. 19.263, claims
relating to spirits lost in bond must show the name of the producer and
the serial number and date of the formula under which produced, if any.

(26 U.S.C. 5008, 5215)

Subpart K--Gauging

Sec. 19.281 Scope.

This subpart covers gauging, which is the determination of the
quantity and the proof of distilled spirits. Topics covered in this
subpart include: The general requirements for gauging; when gauges are
required at distilled spirits plants; and special rules that apply to
the gauges performed at distilled spirits plants. For additional
requirements and procedures governing gauging, see part 30 of this
chapter, Gauging Manual.

Sec. 19.282 General requirements for gauging and measuring equipment.

A proprietor is required to perform periodic gauges of the spirits,
wines, and alcoholic flavorings at the plant. A proprietor must have
accurate and readily usable gauging and measuring equipment as required
by this part and part 30 of this chapter. At any time, TTB may require
that the proprietor's gauges be performed in the presence of, and be
verified by, a TTB officer. In addition, TTB may disapprove the use of
any equipment, or the proprietor's means of gauging, if TTB finds that
it is not sufficiently accurate or suitable for the gauges and
measurements to be made.

(26 U.S.C. 5006, 5204)

Required Gauges

Sec. 19.283 When gauges are required.

The proprietor must gauge spirits, wine, and alcoholic flavoring
materials when required to do so by the appropriate TTB officer or when
the spirits, wine, or flavoring materials are:
(a) Produced and entered for deposit;
(b) Filled into packages from storage tanks;
(c) Transferred or received in bond;
(d) Transferred between operational accounts;
(e) Mixed in the manufacture of a distilled spirits product;
(f) Mingled under Sec. 19.329;
(g) Reduced in proof before bottling;
(h) Voluntarily destroyed;
(i) Removed or withdrawn from bond;
(j) Tax determined;
(k) Returned to bond; or
(l) Denatured.

(26 U.S.C. 5204, 5559)

Rules for Gauging

Sec. 19.284 Quantity determination of bulk spirits.

(a) Gauge of spirits in packages. When determining the quantity of
bulk spirits in packages, the proprietor must determine the quantity by
weight as provided in part 30 of this chapter.
(b) Bulk gauge for tax determination. When determining the quantity
of bulk spirits for determination of tax or when performing a
production gauge that will be used for tax determination, the
proprietor must determine the quantity by weight as provided in part 30
of this chapter or by an accurate mass flow meter. For tax
determination purposes, an accurate mass flow meter is a mass flow
meter that has been certified by the manufacturer or other qualified
person as accurate within a tolerance of plus or minus 0.1 percent.
(c) Volumetric determination. Except as provided in paragraphs (a)
and (b) of this section, in all other instances when the proprietor is
required to gauge bulk spirits in bond, the proprietor may determine
the quantity by either weight or volume. When the proprietor determines
the quantity by volume, the proprietor must measure the spirits by
using:
(1) A tank or bulk conveyance for which a calibration chart is
provided, with the calibration charts certified as accurate by persons
qualified to calibrate tanks or bulk conveyances; or
(2) An accurate mass flow meter. For purposes of this paragraph, an
accurate mass flow meter is a mass flow meter that has been certified
by the manufacturer or other qualified person

[[Page 9126]]

as accurate within a tolerance of plus or minus 0.5 percent; or
(3) Another device or method approved by the appropriate TTB
officer.

(26 U.S.C. 5559)

Sec. 19.285 Proof determination of distilled spirits.

(a) Proof. Except as provided in paragraph (b) of this section,
when the proprietor is required to gauge distilled spirits, the
proprietor must determine the proof in accordance with the procedures
prescribed in part 30 of this chapter, Gauging Manual.
(b) Use of Initial proof. After a proprietor has determined the
proof of distilled spirits in accordance with the procedures in part 30
of this chapter, a proprietor may use the initial determination of
proof when required to make a later gauge at the same plant. However, a
proprietor must determine the proof again when:
(1) A bottling tank gauge is required by Sec. 19.353;
(2) A gauge for tax determination is required by Sec. 19.226; or
(3) In any case where the proof may have changed.

(26 U.S.C. 5559)

Sec. 19.286 Gauging of spirits in bottles.

When gauging spirits in bottles, the proprietor may determine the
proof and quantity from case markings and label information if the
bottles are full and there is no evidence that tampering has occurred.

(26 U.S.C. 5204, 5559)

Sec. 19.287 Gauging of alcoholic flavoring materials.

Generally, alcoholic flavoring material must be gauged when dumped.
However, when received from a manufacturer in a closed, nonporous
container such material may be gauged by using the proof shown on the
container label or a related statement of proof from the manufacturer.
When the proof is determined from a label or manufacturer's statement,
the proprietor will test a sufficient number of samples to verify the
accuracy of the proof so determined. TTB may require that alcoholic
flavoring materials be gauged by the methods provided in part 30 of
this chapter.

(26 U.S.C. 5204, 5559)

Sec. 19.288 Determination of tare.

When packages are to be individually gauged for withdrawal from
bonded premises, the actual tare must be determined in accordance with
part 30 of this chapter.

(26 U.S.C. 5204)

Sec. 19.289 Production gauge.

(a) General requirements for production gauges. A proprietor must
gauge all spirits by determining the quantity and proof as soon as
reasonably possible after production is completed. Except as otherwise
provided in this section, a proprietor may determine the quantity by
volume or by weight, by an accurate mass flow meter, or when approved
by the appropriate TTB officer, by other devices or methods that
accurately determine the quantities. If caramel is added to brandy or
rum, the proof of the spirits must be determined after the addition.
Spirits in each receiving tank will be gauged before any reduction in
proof and both before and after each removal of spirits. The gauges
must be recorded in the records required by Sec. 19.585.
(b) Tax to be determined on production gauge. If the tax is to be
determined based on the production gauge, all transaction records must
be marked ``Withdrawal on Production Gauge.'' A proprietor may
determine the tax based on the production gauge if the spirits are:
(1) Weighed into bulk conveyances or metered using an accurate mass
flow meter;
(2) Uniformly filled by weight or an accurate mass flow meter into
metal packages; or
(3) Filled by weight or an accurate mass flow meter into packages
for immediate withdrawal from bonded premises with the details recorded
on a package gauge record in accordance with Sec. 19.619.
(c) Tax not to be determined on production gauge. If spirits are
drawn from the production system into barrels, drums, or similar
portable containers of the same rated capacity and the containers are
filled to capacity, and the tax is not to be determined on the basis of
the production gauge, the gauge may be made by:
(1) Weighing in a tank, converting the weight into proof gallons,
and determining the average content of each container;
(2) Measuring volumetrically, in a calibrated tank, converting the
wine gallons determined into proof gallons, and determining the average
content of each container;
(3) Converting the rated capacity into proof gallons to determine
the average content of each container. Rated capacity will be
determined from specifications of the manufacturer. The proprietor will
determine the rated capacity of used cooperage; or
(4) Determining by an accurate mass flow meter or a device or
method approved under paragraph (a) of this section, the total quantity
filled into containers, and determining the average content of each
container.
(d) Records of production gauge. For the production gauge,
fractional proof gallons will be rounded to the nearest one-tenth and
the average content and the number of packages filled will be used in
computing the quantity produced. The actual proof gallons in each
remnant container must be shown. As provided in Sec. 19.618, a
separate gauge record will be prepared for each lot of packages filled
(see Sec. 19.485) and for each removal by pipeline or bulk conveyance
for deposit in bond on the same plant premises. The gauge record will
show ``Deposit in storage'' or ``Deposit in processing.'' If spirits
are to be transferred in bond or withdrawn from bond, the production
gauge will be made on the form or record required by this part
(accompanied by a package gauge record, if required).

(26 U.S.C. 5204, 5211)

Subpart L--Production of Distilled Spirits

Sec. 19.291 General.

The regulations in this subpart cover production operations. A
proprietor authorized to produce distilled spirits must conduct
production operations in accordance with the provisions of this
subpart. Subpart V of this part sets forth recordkeeping requirements
that apply to production operations.

(26 U.S.C. 5201)

Notification to TTB When Beginning or Suspending Production Operations

Sec. 19.292 Notice of operations.

A proprietor authorized to produce distilled spirits may not
commence, suspend, or resume production operations at the plant without
first providing written notice to TTB.
(a) Beginning operations. A proprietor must file a letterhead
notice with the appropriate TTB officer before beginning or resuming
production operations. A proprietor must not begin or resume operations
before the time specified in the notice.
(b) Suspending operations. If a proprietor intends to suspend
production operations for a period of 90 days or more, the proprietor
must file a letterhead notice with the appropriate TTB officer
specifying the date on which operations will be suspended.
(c) Discontinuing reports. A proprietor is not required to prepare
or file reports of production operations under subpart

[[Page 9127]]

V of this part for periods during which production operations are
suspended.

(26 U.S.C. 5221)

Rules for Receipt, Use, and Disposal of Materials

Sec. 19.293 Receipt of materials.

When a proprietor receives certain materials on bonded premises,
the proprietor must determine the quantity received and record those
quantities in the records prescribed by subpart V of this part. This
requirement applies to:
(a) Fermenting materials;
(b) Distilling materials (including nonpotable chemical mixtures
containing spirits); and
(c) Spirits, denatured spirits, articles, and spirits residue for
redistillation.

(26 U.S.C. 5201, 5222, 5223)

Sec. 19.294 Removal of fermenting material.

Material received for use as fermenting material may be removed
from or used on bonded premises for other purposes. The proprietor must
keep a record of use or removal as provided in subpart V of this part.

(26 U.S.C. 5201)

Sec. 19.295 Removal or destruction of distilling material.

(a) Distilling material. Generally, a proprietor may not remove
distilling material from bonded premises before it is distilled.
However, a proprietor may remove mash, wort, wash, or other distilling
material:
(1) To plant premises, other than bonded premises, for use in any
business authorized under Sec. 19.55;
(2) To other premises for use in processes not involving the
production of spirits, alcohol beverages, or vinegar by the vaporizing
process; or
(3) For destruction.
(b) Residues. A proprietor may remove the residue of distilling
material not introduced into the production system from the premises if
the liquid is extracted from the material before removal and the liquid
is not received at any distilled spirits plant or bonded wine cellar. A
proprietor may return residue of beer used as distilling material to
the producing brewery. A proprietor may destroy distilling material
produced and wine and beer received for use as distilling material.
(c) Records. A proprietor must keep a record of removal or
destruction as provided in subpart V of this part.

(26 U.S.C. 5222, 5370)

Sec. 19.296 Fermented materials.

Fermented materials that a proprietor intends to use in the
production of spirits must be:
(a) Produced on the bonded premises where used;
(b) Received from a bonded wine cellar in the case of wine;
(c) Beer received from a brewery without payment of tax, or beer
that was removed from a brewery upon determination of tax; or
(d) Apple cider exempt from tax under 26 U.S.C. 5042(a)(1).

(26 U.S.C. 5201, 5222, 5223)

Sec. 19.297 Use of materials in production of spirits.

A proprietor may produce spirits from any suitable material in
accordance with the proprietor's statements of production procedure in
the notice of registration. Materials from which alcohol will not be
produced may be used in production only if the use of the materials is
described in the approved statements of production procedure. The
distillation of nonpotable chemical mixtures as described in Sec.
19.36 will be deemed to be the original and continuous distillation of
the spirits in such mixtures and to constitute the production of
spirits.

(26 U.S.C. 5172, 5178)

Rules for Production of Spirits

Sec. 19.301 Distillation.

The distillation of spirits must be done in a continuous system.
Distilling operations are continuous when the spirits are moved through
the various steps of production as quickly as plant operation will
permit. The proprietor may move the product through as many distilling
or other production operations as desired, provided the operations are
continuous. The collection of unfinished spirits for the purpose of
redistillation is not considered to be a break in the continuity of the
distilling procedure. However, the quantity and proof of any unfinished
spirits must be determined and recorded before any mingling with other
materials or before any further operations involving the unfinished
spirits outside the continuous system. Before the production gauge,
spirits may be held only as long as reasonably necessary to complete
the production procedure.

(26 U.S.C. 5178, 5211, 5222)

Sec. 19.302 Treatment during production.

During production, the proprietor may purify or refine the spirits
by using any material that will not remain in the finished product.
Juniper berries and other natural aromatics or their extracted oils may
be used in the distillation of gin. Spirits may be percolated through
or treated with oak chips that have not been treated with any chemical.
The proprietor must destroy or so treat any materials used in treatment
of spirits, and which do not remain in the spirits, so as to preclude
the extraction of potable spirits.

(26 U.S.C. 5201)

Sec. 19.303 Addition of caramel to rum or brandy and addition of oak
chips to spirits.

A proprietor may add caramel that has no material sweetening
properties to rum or brandy in packages or tanks prior to production
gauge. A proprietor may add oak chips that have not been treated with
any chemical to packages of spirits prior to or after the production
gauge. The proprietor must note the use of oak chips on all transaction
records.

(26 U.S.C. 5201)

Sec. 19.304 Production gauge.

A proprietor must gauge all spirits by determining the quantity and
proof as soon as reasonably possible after production is completed.
Additional requirements regarding production gauges are found in
subpart K of this part.

(26 U.S.C. 5204, 5211)

Sec. 19.305 Identification of spirits.

Upon completion of the production gauge, the proprietor must
identify containers of spirits as provided in subpart S of this part.
When the proprietor intends to enter spirits into bonded storage for
later packaging in wooden packages, the proprietor may identify the
spirits with the designation to which they would be entitled if drawn
into wooden packages, followed by the word ``Designate,'' for example,
``Bourbon Whisky Designate.''

(26 U.S.C. 5201, 5206)

Sec. 19.306 Entry.

(a) Following completion of the production gauge, a proprietor must
make the appropriate entry for:
(1) Deposit of the spirits on bonded premises for storage or
processing;
(2) Withdrawal of the spirits on determination of tax;
(3) Withdrawal of the spirits free of tax;
(4) Withdrawal of the spirits without payment of tax; or
(5) Transfer of the spirits for redistillation.
(b) A proprietor may use the production gauge as the entry gauge
when spirits are:
(1) Deposited for storage or processing at the same distilled
spirits plant; or
(2) Entered for redistillation at the same distilled spirits plant.
(c) When spirits are entered for deposit at another distilled
spirits plant

[[Page 9128]]

or are entered for withdrawal or redistillation, the provisions subpart
P of this part will apply.

(26 U.S.C. 5211)

Sec. 19.307 Distillates containing extraneous substances.

(a) Use in production. Distillates that contain substantial
quantities of fusel oil, aldehydes, or other extraneous substances may
be removed from the distilling system before the production gauge and
promptly added to fermenting or distilling material at the distillery
where produced.
(b) Use at adjacent bonded wine cellar. Distillates that contain
aldehydes may be removed, without payment of tax, to an adjacent bonded
wine cellar for use in fermentation of wine to be used as distilling
material at the distilled spirits plant from which the distillates were
removed. The removal of distillates to an adjacent bonded wine cellar
must be done as provided in Sec. 19.419. The receipt and use of those
distillates must conform to the requirements of part 24 of this
chapter.

(26 U.S.C. 5201, 5222, 5373)

Rules for Chemical Byproducts

Sec. 19.308 Spirits content of chemicals produced.

All chemicals and chemical byproducts produced must be
substantially free of spirits before being removed from bonded
premises. The spirits content of chemicals to be removed from bonded
premises must not exceed 10 percent by volume unless the appropriate
TTB officer approves higher limits. A proprietor must test chemicals
for spirits content and maintain a record of such tests as required by
Sec. 19.584.

(26 U.S.C. 5201)

Sec. 19.309 Disposition of chemicals.

Chemicals that meet the requirements in Sec. 19.308 may be removed
from bonded premises by pipeline or in containers marked to show the
contents. The proprietor must determine the quantities of chemicals
removed from bonded premises and keep records of removals as required
by Sec. 19.586. A TTB officer may take samples of chemicals.

(26 U.S.C. 5201, 5222)

Sec. 19.310 Wash water.

Water used in washing chemicals to remove spirits may be run into a
wash tank or a distilling material tank, or may be destroyed or
disposed of on the premises.

(26 U.S.C. 5008, 5201)

Production Inventories

Sec. 19.312 Physical inventories.

A proprietor must take a physical inventory of the spirits and
denatured spirits in tanks and other containers in the production
account at the close of each calendar quarter. A proprietor must record
the results of the inventory as provided in subpart V of this part and
must show separately spirits and denatured spirits received for
redistillation. TTB may require additional inventories be taken at any
time.

(26 U.S.C. 5201)

Rules for Redistillation

Sec. 19.314 General.

Distillers or processors may redistill spirits, denatured spirits,
articles, and spirits residues. Some redistillation requires an
approved formula on form TTB F 5100.51, Formula and Process for
Domestic and Imported Alcohol Beverages, as specified in Sec. Sec.
5.26 and 5.27 of this chapter.

(26 U.S.C. 5223)

Sec. 19.315 Receipts for redistillation.

(a) A proprietor may receive and redistill spirits or denatured
spirits that:
(1) Have not been removed from bond;
(2) Have been withdrawn from bond on payment or determination of
tax and returned to bond under subpart Q of this part;
(3) Have been withdrawn from bond free of tax or without payment of
tax and returned to bond under subpart T of this part; or
(4) Have been abandoned to the United States and sold to the
proprietor without the payment of tax.
(b) A proprietor may also receive and redistill:
(1) Recovered denatured spirits and recovered articles returned
under Sec. 19.454, and
(2) Articles and spirits residues received under Sec. 19.454.

(26 U.S.C. 5201, 5215, 5223, 5243)

Sec. 19.316 Redistillation.

(a) TTB has established standards of identity for the various
classes and types of distilled spirits. Those standards are found in
part 5 of this chapter. If a proprietor intends to redistill spirits,
the proprietor must ensure that the redistillation process does not
cause the distillate to be become ineligible for designation in the
class or type of spirits that the proprietor intends to produce.
Therefore, spirits must not be redistilled at a proof lower than that
allowed for the class and type at which the spirits were originally
produced, unless the redistilled spirits are to be:
(1) Used in wine production;
(2) Used in the manufacture of gin or vodka; or
(3) Designated as alcohol.
(b) In order to preserve the class and type of spirits during the
redistillation process, different kinds of spirits must be redistilled
separately, or with distilling material of the same kind or type as
that from which the spirits were originally produced. However, this
restriction does not apply when:
(1) Brandy is redistilled into ``spirits-fruit'' or ``neutral
spirits-fruit''. In this case the resulting distillate must not be used
for producing wine;
(2) Whiskey is redistilled into ``spirits-grain'' or ``neutral
spirits-grain'';
(3) Spirits originally distilled from different kinds of material
are redistilled into ``spirits-mixed'' or ``neutral spirits-mixed''; or
(4) The spirits are redistilled into alcohol.
(c) All spirits redistilled after the production gauge will be
treated the same as if the spirits had been originally produced by the
redistiller. Spirits recovered by redistillation of denatured spirits,
articles, or spirits residues may not be withdrawn from bonded premises
except for industrial use or after denaturation. Otherwise, all
provisions of this part and 26 U.S.C. chapter 51 applicable to the
original production of spirits will be applicable to the redistillation
of spirits. Nothing in this section affects any provision of this
chapter relating to the labeling of distilled spirits.

(26 U.S.C. 5215, 5223)

Subpart M--Storage of Distilled Spirits

Sec. 19.321 General.

This subpart covers storage operations at distilled spirits plants.
A proprietor qualified as a warehouseman and authorized to store bulk
distilled spirits and wines must conduct storage operations in
accordance with the provisions of this subpart. Subpart V of this part
sets forth recordkeeping requirements that apply to storage operations.

(26 U.S.C. 5201)

Receipt and Storage of Spirits and Wines

Sec. 19.322 Receipt and storage of bulk spirits and wines.

(a) Deposit of spirits into storage account. A proprietor may
receive bulk spirits into the storage account:
(1) From the production facilities of the same plant;

[[Page 9129]]

(2) By transfer in bond from another plant;
(3) From customs custody without payment of tax; or
(4) By return to bulk storage.
(b) Deposit of wine into storage account. A proprietor may receive
bulk wine into the storage account:
(1) By transfer in bond from a bonded wine cellar; or
(2) By transfer in bond from another distilled spirits plant.
(c) Storage. A proprietor may store spirits or wines in packages,
tanks or portable bulk containers in the storage account on the bonded
premises. If stored in portable containers, the containers must be kept
so that they can be readily inspected or inventoried by TTB officers.

(26 U.S.C. 5201, 5202, 5211, 5212, 5231, 5232, 5601)

Rules for Filling and Changing Packages

Sec. 19.324 Filling of packages from tanks.

A proprietor may fill spirits or wines into packages from storage
tanks on bonded premises. The spirits or wines in the tank must be
gauged before the filling of packages begins and again when the filling
is finished if the tank is not empty. The results of the gauges must be
recorded in the records required by Sec. 19.618.

(26 U.S.C. 5201)

Sec. 19.325 Change of packages.

A proprietor may transfer spirits or wines in storage from one
package to another. Each new package must contain spirits from only one
package except in the case of spirits of 190[deg] or more proof.
Packages of spirits must be marked as provided in subpart S of this
part. Each package of wine must bear the same marks as the package from
which the wine was transferred.

(26 U.S.C. 5201)

Rules for Mingling or Blending Spirits

Sec. 19.326 Mingling or blending of spirits for further storage.

A proprietor may mingle or blend spirits in the storage account
according to the following rules:
(a) Spirits distilled at 190[deg] or more of proof, whether or not
later reduced, may be mingled in storage.
(b) Domestic spirits distilled at less than 190[deg] of proof may
be mingled for withdrawal or further storage if the spirits:
(1) Are of the same kind; and
(2) Were produced in the same State.
(c) Imported spirits distilled at less than 190[deg] of proof may
be mingled for withdrawal or further storage if the spirits:
(1) Are of the same kind;
(2) Were produced in the same foreign country; and
(3) Were treated, blended, or compounded in the same foreign
country and the U.S. import duty was paid at the same rate.
(d) Imported spirits distilled at less than 190[deg] of proof that
are recognized as distinctive products under part 5 of this chapter may
be mingled for withdrawal or further storage if the spirits:
(1) Are of the same kind;
(2) Were produced by the same proprietor in the same foreign
country; and
(3) Were treated, blended, or compounded by the same proprietor in
the same foreign country and the U.S. import duty was paid at the same
rate.
(e) Fruit brandies distilled from the same kind of fruit at not
more than 170[deg] of proof may, for the sole purpose of perfecting
such brandies according to commercial standards, be blended with each
other, or with any blend of such fruit brandies in storage. Rums may,
for the sole purpose of perfecting them according to commercial
standards, be blended with each other, or with any blend of rums.
(f) Packaging after mingling or blending must be done under the
provisions of Sec. 19.324. The mingled or blended spirits may be
returned to the packages from which they were dumped, or as many of the
packages as needed.

(26 U.S.C. 5201, 5214)

Sec. 19.327 Packages dumped for mingling.

A proprietor must examine each package of spirits to be dumped for
mingling. If any package bears evidence of loss due to theft or
unauthorized voluntary destruction, the proprietor must notify the
appropriate TTB officer before dumping the package. Mingled spirits
must be recorded on the tank record required by Sec. Sec. 19.592 and
19.593, as appropriate.

(26 U.S.C. 5201)

Sec. 19.328 Determining age of mingled spirits.

When spirits are mingled, the age of the spirits for the entire lot
will be the age of the youngest spirits contained in the lot.

(26 U.S.C. 5201)

Sec. 19.329 Mingled spirits or wines held in tanks.

When wines or spirits of less than 190[deg] of proof are mingled in
a tank, the proprietor must gauge the spirits or wines in the tank and
record the mingling gauge on the tank record prescribed in Sec.
19.592.

(26 U.S.C. 5201)

Use of Oak Chips and Caramel

Sec. 19.331 Use of oak chips in spirits and caramel in brandy and
rum.

A proprietor may add oak chips that have not been treated with any
chemical to packages of spirits. The proprietor must note the use of
oak chips on all transaction records. A proprietor may add caramel that
has no material sweetening properties to rum or brandy stored in
packages or tanks.

(26 U.S.C. 5201)

Storage Inventories

Sec. 19.333 Physical inventories.

A proprietor must take a physical inventory of all spirits and
wines held in the storage account in tanks and other containers (except
packages) at the close of each calendar quarter. A proprietor must
record the results of the inventory as provided in subpart V of this
part. TTB may require additional inventories at any time.

(26 U.S.C. 5201)

Subpart N--Processing of Distilled Spirits

Sec. 19.341 General.

This subpart covers processing operations at distilled spirits
plants. A proprietor authorized to perform processing operations must
conduct processing operations in accordance with the provisions of this
subpart. Subpart V of this part sets forth recordkeeping requirements
that apply to processing operations. Also, the provisions of subpart O
of this part apply if a proprietor denatures spirits or manufactures
articles on bonded premises as part of processing operations under this
subpart.

(26 U.S.C. 5201)

Rules for Receipt and Use of Spirits, Wines, and Alcoholic Flavoring
Materials

Sec. 19.342 Receipt of spirits, wines, and alcoholic flavoring
materials for processing.

(a) Receipt of bulk spirits. A proprietor may receive bulk spirits
into the processing account:
(1) From the production or storage account at the same plant;
(2) By transfer in bond from another distilled spirits plant; or
(3) By withdrawal from customs custody under 26 U.S.C. 5232.

[[Page 9130]]

(b) Receipt of wines. A proprietor may receive wines into the
processing account:
(1) From the storage account at the same plant; or
(2) By transfer in bond from a bonded wine cellar or another
distilled spirits plant.
(c) Receipt of spirits returned to bond. A proprietor may receive
spirits into the processing account that are returned to bond under the
provisions of 26 U.S.C. 5215.
(d) Receipt of alcoholic flavoring materials. A proprietor may
receive alcoholic flavoring materials into the processing account.
(e) Dumping of spirits, wines, and alcoholic flavoring materials.
As provided in Sec. Sec. 19.343 and 19.598, the proprietor must
prepare a dump/batch record when spirits, wines, and alcoholic
flavoring materials are dumped for use in the processing account.
Spirits, wines, and alcoholic flavoring materials that are dumped into
the processing account are subject to the following rules:
(1) Spirits and wines received in bulk containers or conveyances
may be retained in the containers or conveyances in which received
until used, but must be recorded as dumped upon receipt;
(2) Spirits and wines received by pipeline must be deposited in
tanks and recorded as dumped on receipt; and
(3) Alcoholic flavoring materials may be retained in the containers
in which received or may be transferred to another container if the
proprietor marks or otherwise indicates thereon, the full
identification of the original container, the date of receipt, and the
quantity deposited. Alcoholic flavoring materials and nonalcoholic
ingredients will be considered dumped when mixed with spirits or wines.
(f) Gauging. A proprietor must determine the proof gallon content
of spirits, wines, and alcoholic flavoring materials at the time of
dumping. Additional information regarding the gauging of spirits,
wines, and alcoholic flavoring materials is found in subpart K of this
part.

(26 U.S.C. 5201)

Sec. 19.343 Use of spirits, wines, and alcoholic flavoring materials.

A proprietor must prepare a dump/batch record in accordance with
Sec. 19.598 for spirits, wines, alcoholic flavoring materials, and
nonalcoholic ingredients used in the manufacture of a distilled spirits
product according to the following rules.
(a) Dump record. A proprietor must prepare a dump record when
spirits, wines, or alcoholic flavoring materials are dumped for use in
the manufacture of a distilled spirits product, and when spirits are
dumped for redistillation in the processing account.
(b) Batch record. A proprietor must prepare a batch record to
report:
(1) The dumping of spirits that are to be used immediately and in
their entirety in preparing a batch of a product manufactured under an
approved formula;
(2) The use of spirits or wines previously dumped, reported on dump
records and retained in tanks or receptacles; or
(3) The use of any combination of ingredients under paragraph
(b)(1) or paragraph (b)(2) of this section in preparing a batch of
product manufactured under an approved formula.

(26 U.S.C. 5201)

Sec. 19.344 Manufacture of nonbeverage products, intermediate
products, or eligible flavors.

(a) Distilled spirits and wine may be used for the manufacture of
flavors or flavoring extracts of a nonbeverage nature as intermediate
products to be used exclusively in the manufacture of other distilled
spirits products on bonded premises.
(b) Nonbeverage products on which drawback will be claimed, as
provided in 26 U.S.C. 5111-5114, may not be manufactured on bonded
premises. Premises used for the manufacture of nonbeverage products on
which drawback will be claimed must be separated from bonded premises.
(c) For purposes of computing an effective tax rate, flavors
manufactured on either the bonded or general premises of a distilled
spirits plant are not eligible flavors. See Sec. 19.1 for the
definition of the term ``eligible flavor'' and further restrictions
that apply to the manufacture of an eligible flavor.

(26 U.S.C. 5201)

Obscuration Determination

Sec. 19.346 Determining obscuration.

A proprietor may determine, as provided in Sec. 30.32 of this
chapter, the proof obscuration of spirits to be bottled on the basis of
a representative sample taken from a storage tank before the transfer
of the spirits to the processing account or from a tank after the
spirits have been dumped for processing, whether or not combined with
other alcoholic ingredients. The obscuration will be determined after
the sample has been reduced to within one degree of bottling proof.
Only water may be added to a lot of spirits to be bottled for which the
determination of proof obscuration is made from a sample under this
section. The proof obscuration for spirits gauged under this section
must be frequently verified by testing samples taken from bottling
tanks before bottling.

(26 U.S.C. 5204)

Filing Formulas with TTB

Sec. 19.348 Formula requirements.

A proprietor must obtain approval of a formula on form TTB F
5100.51 as provided in Sec. Sec. 5.26 and 5.27 of this chapter before
a proprietor may:
(a) Blend, mix, purify, refine, compound, or treat spirits in any
manner which results in a change of character, composition, class, or
type of the spirits, including redistillation as provided in Sec.
19.314; or
(b) Produce gin or vodka by other than original and continuous
distillation.

(26 U.S.C. 5201, 5555)

Rules for Bottling, Packaging, and Removal of Products

Sec. 19.351 Removals from processing.

(a) Method of removal. A proprietor may remove spirits or wines
from the processing account in any approved bulk container, by
pipeline, or in bulk conveyances in compliance with the provisions of
this part. Spirits may be bottled and cased for removal.
(b) Authorized removals from processing. A proprietor may remove
from processing:
(1) Spirits, upon tax determination or withdrawal under 26 U.S.C.
5214 or 26 U.S.C. 7510;
(2) Spirits, to the production account at the same plant for
redistillation;
(3) Bulk spirits, by transfer in bond to production or processing
account at another distilled spirits plant for redistillation or
further processing;
(4) Spirits or wines, for authorized voluntary destruction; or
(5) Wines, by transfer in bond to a bonded wine cellar or to
another distilled spirits plant. However, wine may not be removed from
the bonded premises of a distilled spirits plant for consumption or
sale as wine.
(c) Exception. Except as provided in paragraph (b)(2) and (3) of
this section, spirits may not be transferred from the processing
account to the storage account.

(26 U.S.C. 5001, 5006, 5008, 5201, 5206, 5212, 5214, 5223, 5362)

Sec. 19.352 Bottling tanks.

Generally, a proprietor must bottle all spirits from tanks that are
listed in the

[[Page 9131]]

notice of registration and have been certified as accurate. However, if
a proprietor files a letterhead application and shows the need to do
so, the appropriate TTB officer may authorize bottling from original
packages, tank trucks, totes or special containers where it is not
practical to use a bottling tank. In addition, a proprietor may bottle
liqueurs directly from a tank truck or tote without applying for
permission to TTB if the liqueurs are gauged prior to unloading and
piped directly to the bottling line.

(26 U.S.C. 5201)

Sec. 19.353 Bottling tank gauge.

When a distilled spirits product is to be bottled or packaged, the
proprietor must gauge the product after any filtering, reduction, or
other treatment, and before bottling or packaging begins. The gauge
must be made at labeling or package marking proof, and the details of
the gauge must be entered on the bottling and packaging record required
in Sec. 19.599.

(26 U.S.C. 5201)

Sec. 19.354 Bottling or packaging records.

A proprietor must prepare a record for each batch of spirits
bottled or packaged as provided in Sec. 19.599. A proprietor must keep
a separate daily summary record of spirits bottled or packaged as
provided in Sec. 19.601.

(26 U.S.C. 5201, 5207)

Sec. 19.355 Labels describing the spirits.

(a) Labels affixed to containers must accurately describe the
spirits in the tanks from which the containers are filled. The
proprietor's records must enable TTB officers to readily determine
which label was used on any filled container.
(b) Additional information regarding labeling requirements is found
in subpart T of this part and part 5 of this chapter.

(26 U.S.C. 5201)

Sec. 19.356 Alcohol content and fill.

(a) General. At representative intervals during bottling
operations, a proprietor must examine and test bottled spirits to
determine whether the alcohol content and quantity (fill) of those
spirits agree with what is stated on the label or the bottle. A
proprietor's test procedures must be adequate to ensure accuracy of
labels on the bottled product. Proprietors must record the results of
all tests of alcohol content and quantity (fill) in the record required
by Sec. 19.600.
(b) Variations in fill. Quantity (fill) must be kept as close to
100 percent fill as the equipment and bottles in use will permit. There
must be approximately the same number of overfills and underfills for
each lot bottled. In no case will the quantity contained in a bottle
vary from the quantity stated on the label or bottle by more than plus
or minus:
(1) 1.5 percent for bottles 1.0 liter and above;
(2) 2.0 percent for bottles 999 mL through 376 mL;
(3) 3.0 percent for bottles 375 mL through 101 mL; or
(4) 4.5 percent for bottles 100 mL and below.
(c) Variations in alcohol content. Variations in alcohol content,
subject to a normal drop that may occur during bottling, must not
exceed:
(1) 0.25 percent alcohol by volume for products containing solids
in excess of 600 mg per 100 ml;
(2) 0.25 percent alcohol by volume for all spirits products bottled
in 50 or 100 ml size bottles; or
(3) 0.15 percent alcohol by volume for all other spirits and bottle
sizes.
(d)
Example. Under paragraph (c) of this section, a product with a
solids content of less than 600 mg per 100 ml, labeled as containing
40 percent alcohol by volume and bottled in a 750 ml bottle, would
be acceptable if the test for alcohol content found that it
contained 39.85 percent alcohol by volume.

(26 U.S.C. 5201, 5301)

Sec. 19.357 Completion of bottling.

When the contents of a bottling tank are not completely bottled at
the close of the day, the proprietor must make entries on the bottling
and packaging record covering the total quantity bottled that day from
the tank. Entries must be made not later than the morning of the
following business day unless the proprietor maintains auxiliary or
supplemental records as provided in Sec. 19.580.

(26 U.S.C. 5201)

Sec. 19.358 Cases.

(a) On completion of bottling, a proprietor must place filled
bottles with properly affixed closures in cases. A proprietor may only
fill cases with the same kind, size, and proof of spirits. Normally,
the cases must be sealed; however, cases may be temporarily retained on
bonded premises without being sealed pending the affixing to bottles of
any required labels, State stamps, or seals. Unsealed cases must be
marked in accordance with subpart S of this part, and segregated from
other cases until sealed. All cases must be sealed and marked as
provided in subpart S of this part before removal from the bonded
premises.
(b) Filled bottles may remain on the bottling line at the end of
the workday if the identical product will be bottled on the next
bottling shift and if adequate security measures are in place to
prevent theft.

(26 U.S.C. 5201, 5206)

Sec. 19.359 Remnants.

When at the end of a bottling run fewer bottles remain than the
number necessary to fill a case, the remaining bottles may be placed in
a case marked as a remnant case or kept uncased on the bonded premises
until spirits of the same kind are again bottled. The remnant bottles
may later be used to complete the filling of a case, or may be used for
another lawful purpose such as replacing accidental breakage occurring
on bonded premises.

(26 U.S.C. 5201, 5206)

Sec. 19.360 Filling packages.

A proprietor may draw spirits into packages from a tank meeting the
requirements of Sec. Sec. 19.182 through 19.184. A proprietor must
gauge the packages, report the details of the gauge on a package gauge
record as provided in Sec. 19.619, and attach a copy of the package
gauge record to each copy of the bottling and packaging record covering
the product. The packages must be marked as provided in subpart S of
this part.

(26 U.S.C. 5201)

Sec. 19.361 Removals by bulk conveyances or pipelines.

(a) When a proprietor removes spirits from the processing account
in bulk conveyances or by pipeline, the proprietor must record the
removal on the bottling and packaging record.
(b) Transfers and withdrawals of bulk spirits from the processing
account must be performed in accordance with the provisions of subpart
P of this part.
(c) The consignor of the transfer must forward to the consignee a
statement of composition or a copy of any formula under which the
spirits were processed for determining the proper use of the spirits,
or for the labeling of the finished product.
(d) Bulk conveyances must be marked as provided in subpart S this
part.

(26 U.S.C. 5201)

Sec. 19.362 Rebottling.

When spirits are dumped for rebottling, the proprietor must prepare
an appropriately modified bottling and packaging record. If the spirits
were originally bottled by another proprietor,

[[Page 9132]]

the rebottling proprietor must obtain a statement from the original
bottler consenting to the rebottling.

(26 U.S.C. 5201)

Sec. 19.363 Reclosing and relabeling.

(a) A proprietor may reclose or relabel distilled spirits before
removal from, or after return to, bonded premises. The reclosing or
relabeling of spirits returned to bonded premises must be done
immediately, and the spirits promptly removed.
(b) If the spirits were originally bottled by another proprietor,
the relabeling proprietor must have on file a statement from the
original bottler consenting to the relabeling.
(c) When spirits are relabeled, the proprietor must have a
certificate of label approval or certificate of exemption from label
approval issued under part 5 of this chapter for the labels used on
relabeled spirits.
(d) A proprietor must prepare a separate record under Sec. 19.604
for the relabeling or reclosing of spirits.

(26 U.S.C. 5201, 5215)

Sec. 19.364 Bottled-in-bond spirits.

If a proprietor labels spirits as bottled-in-bond for domestic
consumption the labels must meet the requirements in part 5 of this
chapter and the bottles must bear a closure or other device as required
by subpart T of this part.

(26 U.S.C. 5201)

Sec. 19.365 Spirits not originally intended for export.

Spirits produced in the United States and originally intended for
domestic use may be exported with benefit of drawback or without
payment of tax if the containers are marked as required by part 28 of
this chapter. A proprietor may relabel the spirits to show any of the
information required by Sec. 19.519. If a proprietor intends to file a
claim for drawback on spirits prepared for export under this section,
the proprietor must follow the provisions of Sec. 28.195b of this
chapter. If a proprietor intends to withdraw spirits without payment of
tax for export, the proprietor must follow the procedures in subpart E
of part 28 of this chapter.

(26 U.S.C. 5062, 5214)

Sec. 19.366 Alcohol.

(a) Containers. A proprietor may put alcohol for industrial use in
bottles, packages, or other containers, subject to the provisions of
subpart S of this part. A proprietor must follow the provisions of
subpart T of this part when bottling alcohol for nonindustrial domestic
use.
(b) Closures. Closures or other devices must be affixed to
containers of alcohol as provided in subpart T of this part.
(c) Bottle labels. All bottles of alcohol for industrial use must
have a label that is securely affixed to the bottle showing the word
``Alcohol'' and the name and plant number of the bottler. The
proprietor may place additional information on the label if it is not
inconsistent with the required information.
(d) Case marks. Each case of bottled alcohol must bear the marks
required by subpart S of this part.

(26 U.S.C. 5201, 5206, 5235, 5301)

Requirements for Processing Inventories

Sec. 19.371 Inventories of wines and bulk spirits in processing.

A proprietor must take a physical inventory of all wines and bulk
spirits (except packages) held in the processing account at the close
of each calendar quarter. The results of the inventory must be recorded
as provided in subpart V of this part. TTB may require additional
inventories at any time.

(26 U.S.C. 5201)

Sec. 19.372 Physical inventories of bottled and packaged spirits.

(a) Physical inventories. Generally, a proprietor must take
physical inventories of bottled and packaged spirits in the processing
account for the return periods ending June 30 and December 31, and at
any other time that the appropriate TTB officer requires. Physical
inventories may be taken within a period of a few days before or after
June 30 or December 31 if:
(1) The period does not include more than one complete weekend; and
(2) Necessary adjustments are made to the inventory record to
reflect the actual quantities on hand June 30 or December 31.
(b) Alternate dates. On approval of an application filed with the
appropriate TTB officer, required physical inventories may be taken on
dates other than June 30 and December 31 if the dates established for
taking such inventories:
(1) Coincide with the end of a return period, and
(2) Are approximately 6 months apart.
(c) Waiver of physical inventory. A proprietor may file an
application to take only one physical inventory per year. The
appropriate TTB officer may approve the application if she or he finds
that only one physical inventory per year will be sufficient to protect
the revenue. However, the requirement for the waived inventory may be
reimposed if it becomes necessary for protection of the revenue.
(d) Notification of physical inventory. A proprietor must notify
the appropriate TTB officer at least 5 business days in advance of the
date and time of a physical inventory of bottled or packaged spirits.
TTB officers may be assigned to verify or supervise physical
inventories taken under the provisions of this section.

(26 U.S.C. 5201)

Subpart O--Denaturing Operations and Manufacture of Articles

Sec. 19.381 General.

This subpart covers the denaturation of spirits and the manufacture
of articles by proprietors of distilled spirits plants. Denatured
spirits are distilled spirits that have been rendered unsuitable for
beverage use by the addition of specific amounts of approved denaturing
materials. For purposes of this subpart, articles are products that
contain denatured spirits and that are made in accordance with this
subpart or part 20 of this chapter. Proprietors who are qualified under
this part as processors may make denatured spirits and articles in
accordance with the provisions of this subpart. Additional requirements
regarding the distribution, use, and standards for denatured spirits
are set forth in parts 20 and 21 of this chapter.

(26 U.S.C. 5178, 5241)

Sec. 19.382 Formulas.

(a) Approved formulas. A proprietor must denature spirits according
to an approved formula listed in part 21 of this chapter.
(b) Alternate formulas and denaturants. If a proprietor wishes to
denature spirits by using an alternative formula or a different
denaturant, the proprietor must apply to TTB for authorization. A
proprietor must receive written approval from the appropriate TTB
officer before denaturing spirits using an alternative formula or a
different denaturant. See also Sec. Sec. 21.5 and 21.91 of this
chapter for additional requirements that apply in these circumstances.

(26 U.S.C. 5241)

Rules for Denaturing Spirits and Testing Denaturants

Sec. 19.383 Gauging for denaturation.

(a) General. A proprietor must gauge spirits before denaturation
and after denaturation and must record each gauge in the record of
denaturation required by Sec. 19.606(b). However, a proprietor is not
required to gauge either spirits that are dumped from previously

[[Page 9133]]

gauged containers or spirits that are transferred directly to mixing
tanks from gauge tanks where they were gauged. Measurements of spirits
and denaturants may be made by volume, weight, accurate mass flow
meter, or by any other device that has been approved by the appropriate
TTB officer.
(b) Denaturation and article manufacture in a single process. When
a proprietor both denatures spirits and manufactures articles in a
single, unified process, the proprietor may, in place of the procedure
specified in paragraph (a) of this section, gauge the spirits before
and after denaturation in the following manner:
(1) Gauge the spirits to be denatured by volume, weight, accurate
mass flow meter, or other device or method approved by the appropriate
TTB officer;
(2) Gauge the denaturants to be used by volume, weight, accurate
mass flow meter, or other device approved by the appropriate TTB
officer; and
(3) Compute the number of wine gallons of denatured spirits
produced, and enter this figure in the record required by Sec.
19.606(b). In calculating the amount of denatured spirits produced, the
proprietor must not include in the calculation the amount of additional
chemicals or denaturants used for article manufacture.

(26 U.S.C. 5204, 5241)

Sec. 19.384 Adding denaturants to spirits.

(a) When making denatured spirits, a proprietor must mix the
denaturants and spirits only in packages, tanks or bulk conveyances and
only on bonded premises. A proprietor must thoroughly mix the
denaturants with the spirits to ensure that all of the spirits are
effectively denatured.
(b) If a proprietor wishes to use another method of mixing
denaturants and spirits not prescribed in this subpart, the proprietor
must submit to the appropriate TTB officer a written application for
approval of the alternative method in accordance with Sec. 19.27. TTB
may require that the proprietor submit additional information,
including a flow diagram or other graphic representation of the
alternative method, in support of the application.

(26 U.S.C. 5242)

Sec. 19.385 Making alcohol or water solutions of denaturants.

If a proprietor uses a denaturant that is difficult to dissolve in
spirits at normal working temperatures, that is highly volatile, or
that becomes solid at normal working temperature, the proprietor may
liquefy or dissolve the denaturant in a small amount of spirits or
water prior to its use in the production of denatured spirits. However,
the proof of the denatured spirits produced must not fall below the
proof required by the approved formula. In addition, if alcohol is used
as a solvent, the proprietor must include this additional alcohol in
calculating the total quantity of spirits denatured in the batch.

(26 U.S.C. 5242)

Sec. 19.386 Adjusting pH of denatured spirits.

A proprietor may add trace amounts of acidic or caustic chemical
compounds to adjust or neutralize the pH of denatured spirits. However,
a proprietor may not adjust the pH with any substance that will
counteract or reduce the effect of the denaturants. A proprietor who
adjusts the pH of denatured spirits must keep a record of the
adjustment with reference to the formula number of the treated
denatured spirits. The record must include the kinds and quantities of
chemical compounds used for each batch of denatured spirits treated.

(26 U.S.C. 5241, 5242)

Sec. 19.387 Ensuring the quality of denaturants.

(a) General. Proprietors must ensure that the materials they
receive for use in denaturing conform to the specifications prescribed
in part 21 of this chapter. In addition, the appropriate TTB officer
may require that a proprietor test the quality of denaturants at any
time.
(b) Testing. A proprietor must comply with the following when
testing a lot of denaturants:
(1) Sampling denaturants. Proprietors must use good commercial
practice when taking samples of denaturants for quality assurance
testing. Samples of denaturants must be representative of the lot being
sampled.
(2) Third party testing. A proprietor may employ an outside
laboratory or other appropriate third party to test samples of
denaturants. In the case of a third party test, the proprietor must
obtain a copy of the analysis or statement of findings signed by the
chemist who performed the test. On request, the proprietor must provide
to the appropriate TTB officer samples of denaturants for quality
control testing in a Government laboratory.
(c) Substandard denaturants. If TTB or a proprietor finds that a
material does not conform to the specifications for a denaturant
prescribed in part 21 of this chapter, the proprietor must immediately
terminate use of the substandard material as a denaturant. However, the
proprietor may continue to use the material as a denaturant after
treating or reprocessing the substandard material to correct the
deficiency and bring the material into conformity with the applicable
specifications.

(26 U.S.C. 5242)

Rules for Storing Denatured Spirits and Filling Containers

Sec. 19.388 Storing denatured spirits.

(a) Bonded storage. A proprietor must store on bonded premises all
denatured spirits produced, received in bond, or received by return to
bond.
(b) Storage methods. A proprietor may store denatured spirits on
bonded premises in any appropriate tank, package or container
authorized for filling with denatured spirits. The proprietor must
store containers of denatured spirits in a manner that allows for easy
inspection and inventory of the denatured spirits by TTB officers. A
proprietor must store portable containers of denatured spirits within a
building or structure that protects the spirits from unauthorized
access. A proprietor may apply to the appropriate TTB officer for
authorization to store containers of denatured spirits in an
alternative manner in accordance with Sec. 19.27.
(c) Tank Records. A proprietor must maintain a record for tanks in
which denatured spirits are stored in accordance with Sec. 19.606.

(26 U.S.C. 5201)

Sec. 19.389 Filling containers from tanks.

(a) Filling portable containers. A proprietor may fill portable
containers with denatured spirits from tanks on the bonded premises.
(b) Accounting for denatured spirits in filling operations. In
performing filling operations under paragraph (a) of this section, a
proprietor must:
(1) Gauge the denatured spirits remaining in the tanks at the end
of each filling operation;
(2) Maintain a record of each gauge and document the quantity of
denatured spirits drawn from the tank during each filling operation;
and
(3) Make a record of any spirits lost during the filling operation.
(c) Gauging requirements. The provisions of Sec. 19.289(a) and (c)
apply to the filling and gauging of portable containers. In addition, a
proprietor may withdraw denatured spirits from the bonded premises in
portable containers based on the filling gauge.

(26 U.S.C. 5201)

Sec. 19.390 Container marking requirements.

A proprietor must mark packages and portable containers containing

[[Page 9134]]

denatured spirits in accordance with the requirements of subpart S of
this part.

(26 U.S.C. 5206)

Rules for Mixing and Converting Denatured Spirits

Sec. 19.391 Mixing denatured spirits.

(a) Spirits of the same formula. If a proprietor has two or more
different batches of denatured spirits produced under the same formula,
the proprietor may mix them on bonded premises.
(b) Spirits of different formulas. A proprietor may mix denatured
spirits produced under different formulas on bonded premises for
immediate redistillation at the same plant or at another plant subject
to the provisions of Sec. Sec. 19.314, 19.315, and 19.316.

(26 U.S.C. 5241, 5242)

Sec. 19.392 Converting denatured alcohol to a different formula.

(a) General. A proprietor may convert specially denatured alcohol
(SDA) from one formula of SDA to another formula of SDA if the
resultant mixture contains only alcohol and the denaturants listed for
an approved SDA formula and in the correct concentrations, as set forth
in part 21 of this chapter. Such converted SDA may be used only as
authorized in part 21 of this chapter.
(b) Converting SDA to SDA Formula No. 1--(1) All SDA other than SDA
Formulas No. 3-A and No. 30. A proprietor may convert any SDA, other
than SDA produced under Formulas No. 3-A and No. 30, into SDA Formula
No. 1 by adding methyl alcohol and any one of the other alternative
denaturants listed in Sec. 21.32 of this chapter in accordance with
the formulation prescribed in that section.
(2) SDA Formulas No. 3-A and No. 30. SDA Formulas No. 3-A and No.
30 specify more methyl alcohol than is specified for SDA Formula No. 1.
Therefore, in order to convert SDA produced under Formulas No. 3-A or
No. 30 into SDA under Formula No. 1, a proprietor must first add a
sufficient amount of ethyl alcohol to the SDA in question to bring the
methyl alcohol content to the proportion prescribed for SDA Formula No.
1. After adjusting the proportion of methyl alcohol, the proprietor
must add the specified amount of any one of the other alternative
denaturants listed in Sec. 21.32 of this chapter.
(c) Converting SDA to SDA Formula No. 29. A proprietor may convert
any SDA into SDA Formula No. 29 by adding the amount of acetaldehyde or
ethyl acetate specified in Sec. 21.56 of this chapter. However, due to
the presence of other denaturants from the original formula, SDA under
Formula No. 29 that has been converted from another SDA formula may be
used only as authorized in Sec. 21.56(b) but not in the manufacture of
vinegar, drugs or medicinal chemicals, and the conditions governing use
provided in Sec. 21.56(c) will apply.
(d) Other conversions of SDA. If a proprietor wishes to make an SDA
formula conversion other than one authorized in paragraph (a), (b), or
(c) of this section, the proprietor must obtain approval from the
appropriate TTB officer prior to the conversion.
(e) Conversions to completely denatured alcohol. A proprietor may
convert any SDA from a formula that does not contain methyl alcohol or
wood alcohol to any one of the completely denatured alcohol (CDA)
formulas prescribed in subpart C of part 21 of this chapter, by adding
the denaturants specified for CDA.

(26 U.S.C. 5242)

Rules for Restoration and Redenaturation, Inventories, and Manufacture
of Articles; Records Required

Sec. 19.393 Restoration and redenaturation of recovered denatured
spirits and recovered articles.

(a) Recovered denatured spirits and articles. A proprietor may
receive recovered denatured spirits and recovered articles on bonded
premises for restoration (including redistillation, if necessary), or
redenaturation, or both, as provided in subpart Q of this part.
However, the proprietor may not withdraw the spirits from bonded
premises except for industrial use or after redenaturation.
(b) Spirits or articles retaining some denaturants. If recovered
denatured spirits or recovered articles are to be redenatured and do
not require the full amount of denaturants for redenaturation, the
proprietor must make an entry to that effect in the record of
denaturation required by Sec. 19.606(b).

(26 U.S.C. 5242)

Sec. 19.394 Inventory of denatured spirits.

A proprietor must take a physical inventory of all denatured
spirits in the processing account at the close of each calendar
quarter. The proprietor must record the results of that inventory as
provided in subpart V of this part. TTB may require additional
inventories at any time.

(26 U.S.C. 5201)

Sec. 19.395 Manufacture of articles.

A proprietor must manufacture, label, mark and dispose of articles
in accordance with part 20 of this chapter.

(26 U.S.C. 5273)

Sec. 19.396 Required records.

(a) Records of denaturing operations. A proprietor who denatures
spirits must maintain daily records of denaturing operations in
accordance with Sec. 19.606.
(b) Records of manufacture of articles. A proprietor who
manufactures articles must maintain daily records in accordance with
Sec. 19.607.

(26 U.S.C. 5241)

Subpart P--Transfers, Receipts, and Withdrawals

Sec. 19.401 Authorized transactions.

(a) General. A proprietor of a distilled spirits plant may transfer
spirits and wines in bond to other distilled spirits plants, receive
spirits and wines in bond from other distilled spirits plants, receive
spirits from customs custody, and withdraw spirits from the distilled
spirits plant without payment of tax or free of tax under certain
conditions. This subpart sets forth the rules that a proprietor must
follow when so transferring, receiving, or withdrawing spirits and
wines and also includes related rules for taking samples and securing
conveyances.
(b) Other transfers and withdrawals. For withdrawals of spirits
from bonded premises on determination or payment of tax, see subpart I
of this part. For rules regarding withdrawals for exportation and
transfers to foreign trade zones or to customs bonded warehouses, see
part 28 of this chapter.

(26 U.S.C. 5181, 5212, 5213, 5214, 5232, 5362, 5373)

Transfers Between Bonded Premises

Sec. 19.402 Authorized transfers in bond.

The IRC allows a proprietor to transfer and receive spirits, wines,
and industrial alcohol as provided in paragraphs (a) through (c) of
this section.
(a) Spirits. Bulk spirits or denatured spirits may be transferred
in bond between the bonded premises of plants qualified under 26 U.S.C.
5171 or 26 U.S.C. 5181 in accordance with Sec. Sec. 19.403 and 19.733.
However, spirits or denatured spirits produced from petroleum, natural
gas, or coal may not be transferred to alcohol fuel plants.
(b) Wine. Wines may be transferred:
(1) From a bonded wine cellar to the bonded premises of a distilled
spirits plant;

[[Page 9135]]

(2) From the bonded premises of a distilled spirits plant to a
bonded wine cellar; and
(3) Between the bonded premises of distilled spirits plants.
(c) Alcohol for industrial purposes. Alcohol bottled for industrial
purposes in accordance with Sec. 19.366 and subpart S of this part,
may be transferred between the bonded premises of distilled spirits
plants in the same manner as provided in Sec. Sec. 19.403 through
19.407 for bulk distilled spirits.

(26 U.S.C. 5181, 5212, 5362)

Sec. 19.403 Application to receive spirits in bond.

(a) When the proprietor of a distilled spirits plant qualified
under 26 U.S.C. 5171 or of an alcohol fuel plant qualified under 26
U.S.C. 5181 wishes to have spirits or denatured spirits transferred in
bond to his plant from another distilled spirits plant, the proprietor
must complete an application on form TTB F 5100.16, Application for
Transfer of Spirits and/or Denatured Spirits in Bond, in triplicate,
and forward it to the appropriate TTB officer for approval. A
proprietor is not required to submit an application on TTB F 5100.16
for transfers from customs custody under 26 U.S.C. 5232.
(b) TTB will not approve the application submitted under paragraph
(a) of this section unless the proprietor's operations bond or unit
bond either is in the maximum penal sum amount or is sufficient to
cover the tax on the spirits or denatured spirits to be transferred in
addition to all other liabilities chargeable against the bond. If TTB
approves the application, TTB will return two signed copies of the
approved application to the proprietor.
(c) Upon receipt of an approved application from TTB, the
proprietor must retain one of the signed copies for his files and
forward the other signed copy to the consignor that will ship the
spirits or denatured spirits.

(26 U.S.C. 5005, 5112)

Sec. 19.404 Termination of application.

A proprietor may at any time terminate an approved application on
form TTB F 5100.16 by retrieving the consignor's copy and returning it
together with his own approved copy to the appropriate TTB officer for
cancellation.

(26 U.S.C. 5005)

Sec. 19.405 Consignor for in-bond shipments.

(a) General. A proprietor who ships spirits, denatured spirits, or
wines by transfer in bond is the ``consignor'' of the shipment for
purposes of this part. The following rules apply to these transfers:
(1) A consignor who is a proprietor of a distilled spirits plant
must prepare a transfer record in accordance with Sec. 19.620 to cover
the transfer in bond of--
(i) Spirits or denatured spirits to another distilled spirits plant
pursuant to an approved application on form TTB F 5100.16, Application
for Transfer of Spirits and/or Denatured Spirits in Bond;
(ii) Wine to the bonded premises of a distilled spirits plant or a
bonded wine cellar; or
(iii) Spirits or denatured spirits to an alcohol fuel plant
pursuant to an approved application on TTB F 5100.16, Application for
Transfer of Spirits and/or Denatured Spirits in Bond; and
(2) A consignor who is a proprietor of an alcohol fuel plant must
prepare a transfer record in accordance with Sec. 19.620 to cover the
transfer in bond of spirits to the bonded premises of a distilled
spirits plant pursuant to an approved application on TTB F 5100.16.
(b) Disposition of the transfer record. On completion of lading or
transfer by pipeline, the consignor must retain one copy of the
transfer record and one copy of any accompanying document and must
forward the original transfer record and any accompanying document to
the consignee. If the shipment is made by truck, the original transfer
record and accompanying documents must accompany the shipment.
(c) Multiple shipments. As a general rule, a consignor must prepare
a transfer record for each conveyance. However, a consignor may prepare
a single transfer record that covers all packages of spirits shipped by
truck on the same day to the same plant. In such a case, the consignor
must prepare a shipment and delivery order for each shipment showing
the number of packages, their serial numbers or other package
identification, the name of the producer, warehouseman, or processor,
and the serial numbers of any seals or other security devices applied
to the truck. The shipping and delivery order must be properly
authenticated by the consignor and must constitute a complete record of
the spirits transferred in each truck each day. The consignor must
retain a copy of each shipping and delivery order. After lading the
last truck for the day, the consignor must retain one copy of the
single transfer record and one copy of any accompanying document and
forward the original single transfer record and accompanying document
to the consignee.
(d) Packages. When a consignor transfers spirits in packages, the
consignor must weigh each package except in the following
circumstances:
(1) When transferring the spirits in a secured conveyance;
(2) When the consignor has securely sealed the individual packages;
or
(3) When the appropriate TTB officer waives this requirement upon a
finding that there will be no jeopardy to the revenue.
(e) Temporary serial numbers. When packages are weighed at the time
of shipment, the consignor must assign temporary serial numbers to the
packages and show for each package its gross shipment weight on a
package gauge record prepared in accordance with Sec. 19.619. A copy
of the package gauge record must accompany each original or copy of the
transfer record.
(f) Bulk conveyances and pipelines. When a consignor transfers
spirits, denatured spirits, or wines in bulk conveyances or by
pipelines, the consignor must gauge the spirits, denatured spirits, or
wines and record the quantity determined on the transfer record
required under Sec. 19.620 or Sec. 24.309 of this chapter. The
consignor must secure bulk conveyances of spirits or denatured spirits
pursuant to Sec. 19.441 of this part.

(26 U.S.C. 5212, 5362)

Sec. 19.406 Reconsignment of in-bond shipments.

A consignor may reconsign an in-bond shipment of spirits, denatured
spirits, or wines prior to, or upon, arrival of the shipment at the
premises of the consignee for any good faith reason. The consignor may
reconsign the shipment to himself or to another consignee who is
qualified to receive the shipment and has an adequate bond. In either
case, an Application for Transfer of Spirits and/or Denatured Spirits
in Bond on form TTB F 5100.16 must have been previously approved for
the new consignee, except that an approved TTB F 5100.16 is not
required for the transfer of wine. The bond of the new consignee will
cover the shipment while in transit after reconsignment. When a
consignor reconsigns a shipment, the consignor must prepare a new
transfer record prominently marked with the word ``Reconsignment''. The
consignor must also notify the original consignee that the transfer has
been cancelled.

(26 U.S.C. 5212, 5362)

Sec. 19.407 Consignee premises.

(a) General. A proprietor who receives spirits, denatured spirits,
or wines by transfer in bond is the ``consignee'' of the shipment for
purposes of this part. Upon arrival of an in-bond shipment at

[[Page 9136]]

the consignee's premises or at the destination point specified in the
carrier's transportation documents, the consignee must:
(1) Examine each conveyance to determine whether the securing
devices, if any, are intact upon arrival. If the securing devices are
not intact, the consignee must immediately notify the appropriate TTB
officer before removal of any spirits from the conveyance;
(2) Determine, record, and report any losses as required by subpart
R of this part;
(3) Acknowledge receipt of the shipment on the transfer record as
required by Sec. 19.621 or Sec. 24.309 of this chapter and retain the
original of the transfer record and any accompanying documents for his
files. Retained copies of transfer records will become deposit records
for purposes of this part; and
(4) Identify separately any spirits that were produced at an
alcohol fuel plant. Those spirits may not be withdrawn, used, sold or
otherwise disposed of for other than fuel use.
(b) Packages. When a consignee receives spirits in packages, the
consignee must weigh each package. The consignee must record the
receiving weight of each package on the accompanying package gauge
record or on a list according to temporary package serial numbers
prepared by the consignor. A copy of the package gauge record or list
must remain with the original transfer record. However, the consignee
is not required to weigh each package when:
(1) The transfer is made in a secured conveyance and the securing
devices are intact on arrival;
(2) The individual packages were sealed by the consignor and are
intact on arrival; or
(3) The requirement for weighing the packages at the consignor's
premises has been waived under Sec. 19.405(d)(3).
(c) Bulk conveyances and pipelines. When a consignee receives
spirits, denatured spirits, or wines by bulk conveyance or by pipeline,
the consignee must:
(1) Make a gauge and record the results on the transfer record in
accordance with Sec. 19.621 or Sec. 24.309 of this chapter. However,
the appropriate TTB officer may waive the gauging requirement for
receipts by pipeline upon a finding that there will be no jeopardy to
the revenue; and
(2) Ensure that each conveyance is empty and has been thoroughly
drained.

(26 U.S.C. 5204, 5213, 5362)

Receipt of Spirits From Customs Custody

Sec. 19.409 General.

A proprietor may withdraw from customs custody spirits imported or
brought into the United States in bulk containers for transfer of those
spirits without payment of tax to the bonded premises of the
proprietor's distilled spirits plant. The proprietor may receive these
spirits either in bulk containers or by pipeline. Spirits received on
bonded premises under this section may be:
(a) Withdrawn for any purpose authorized by chapter 51 of the IRC
in the same manner as domestic spirits; or
(b) Redistilled or denatured only at 185[deg] or more of proof. For
the requirements regarding transfers of bulk spirits from customs
custody to the bonded premises of a distilled spirits plant, see
subpart L of part 27 of this chapter.

(26 U.S.C. 5232)

Sec. 19.410 Age and fill date.

For purposes of this part, the age and fill date for spirits
imported or brought into the United States will be:
(a) The claimed age, as shown on the documentation required under
part 5 of this chapter; and
(b) The date that packages of spirits are released from customs
custody or are filled on the bonded premises of a distilled spirits
plant.

(26 U.S.C. 5201)

Sec. 19.411 Recording gauge.

(a) Receipts into storage. When a proprietor receives into the
storage account packages of spirits from customs custody, the
proprietor must use the last official gauge to compute and record the
average content of the packages received in the storage records
required under Sec. 19.590. That gauge also will constitute the basis
for entries on the package summary records required under Sec. 19.591.
If the last official gauge indicates a substantial variation in the
contents of the packages, the proprietor must group the packages into
lots according to their approximate contents and assign a separate lot
identification to each group of packages, based on the date the
packages were received on bonded premises.
(b) Receipts into processing. When a proprietor receives into the
processing account packages of spirits from customs custody the
proprietor must determine the proof gallons of spirits received in each
package. The determination may be made by using the last official
gauge.

(26 U.S.C. 5232)

Marking Requirements for Imported Spirits

Sec. 19.414 Marks on containers of imported spirits.

(a) General. Except as provided in paragraph (c) of this section,
when a proprietor receives imported bulk containers of spirits on
bonded premises under Sec. 19.409 or fills packages from imported bulk
containers on the proprietor's bonded premises, each container or
filled package must be marked with:
(1) The name of the importer;
(2) The country of origin of the spirits;
(3) The kind of spirits;
(4) In the case of filled packages, the package identification
number as required under Sec. 19.485 or the package serial number as
required under Sec. 19.490. Package identification numbers and package
serial numbers must be preceded by the symbol ``IMP'';
(5) If the package is filled on bonded premises, the date of fill;
(6) The proof; and
(7) The proof gallons of spirits in the package.
(b) Responsibility for marks. Except as otherwise provided in
paragraph (c) of this section, the proprietor who receives packages of
imported spirits under Sec. 19.409 is responsible for ensuring that
the required marks are placed on the packages and for preparing the
required deposit records.
(c) Exception. A proprietor is not required to place or ensure the
placement of prescribed marks on packages when the spirits will be
removed from the packages within 30 days after receipt at the distilled
spirits plant. However, the proprietor must still assign package
identification numbers or package serial numbers for use on deposit
records and other transaction forms, records, or reports.

(26 U.S.C. 5206)

Sec. 19.415 Marks on containers of Puerto Rican and Virgin Islands
spirits.

(a) Packages from Puerto Rico. When a proprietor receives packages
of Puerto Rican spirits on bonded premises under the provisions of this
subpart, the markings required under Sec. 26.40 of this chapter will
be acceptable in place of the markings required under Sec. 19.414.
However, the proprietor still must mark each package to show the date
of fill as required under Sec. 19.410, and must include on each
package the words ``Puerto Rican'' or the abbreviation ``P.R.''.
(b) Packages from the Virgin Islands. When a proprietor receives
packages of Virgin Islands spirits on bonded premises under the
provisions of this

[[Page 9137]]

subpart, the markings required under Sec. 26.206 of this chapter will
be acceptable in place of the markings required under Sec. 19.414.
However, the proprietor still must mark each package to show the date
of fill as required under Sec. 19.410, and must include on each
package the words ``Virgin Islands'' or the abbreviation ``V.I.''.
(c) Portable bulk containers. Portable bulk containers of Puerto
Rican or Virgin Islands spirits that are filled on premises bonded
under this part must be marked in accordance with Sec. 19.484. In
addition, those containers must be marked with the serial number of any
approved formula under which they were produced and with the words
``Puerto Rican'' or the abbreviation ``P.R.'' or ``Virgin Islands'' or
the ``V.I.'', as applicable.
(d) Cases of bottled alcohol. Alcohol from Puerto Rico or the
Virgin Islands that is bottled and cased on bonded premises must be
marked as required by Sec. 19.496. In addition, the words ``Puerto
Rican'' or ``Virgin Islands'' or the abbreviation ``P.R.'' or ``V.I.'',
respectively, must precede the word ``alcohol'' designation on the
cases.

(26 U.S.C. 5206, 5235)

Spirits Withdrawn Without Payment of Tax

Sec. 19.418 Authorized withdrawals without payment of tax.

(a) A proprietor may withdraw spirits from bonded premises without
payment of tax for:
(1) Export, as authorized under 26 U.S.C. 5214(a)(4);
(2) Transfer to customs manufacturing bonded warehouses, as
authorized under 19 U.S.C. 1311;
(3) Transfer to foreign trade zones, as authorized under 19 U.S.C.
81c;
(4) Supplies for certain vessels and aircraft, as authorized under
19 U.S.C. 1309;
(5) Transfer to customs bonded warehouses, as authorized under 26
U.S.C. 5066 or 5214(a)(9);
(6) Use in wine production, as authorized under 26 U.S.C. 5373;
(7) Transfer to any university, college of learning, or institution
of scientific research for experimental or research use as authorized
under 26 U.S.C. 5312(a);
(8) Research, development or testing, as authorized under 26 U.S.C.
5214(a)(10); or,
(9) Use on bonded wine cellar premises in the production of wine
and wine products which will be rendered unfit for beverage use, as
authorized under 26 U.S.C. 5362(d).
(b) If a proprietor withdraws spirits for any of the purposes
listed under paragraphs (a)(1) through (a)(5) of this section, the
proprietor must do so in accordance with the provisions of part 28 of
this chapter.

(19 U.S.C. 1311);

(26 U.S.C. 5066, 5214, 5312, 5373)

Sec. 19.419 Withdrawals of spirits for use in wine production.

A proprietor may withdraw wine spirits without payment of tax for
transfer in bond to a bonded wine cellar for use in wine production.
The proprietor, as consignor, must prepare a transfer record in
accordance with Sec. 19.620. In addition, the proprietor must prepare
a package gauge record in accordance with Sec. 19.619 and must attach
it to the transfer record, unless the wine spirits are already in
packages and are being withdrawn on the production or filling gauge.

(26 U.S.C. 5214, 5373)

Sec. 19.420 Withdrawals of spirits without payment of tax for
experimental or research use.

A scientific university, college of learning, or institution of
scientific research qualified under Sec. 19.35 may withdraw spirits
from bonded premises without payment of tax for experimental or
research use. In order to withdraw a specific quantity of spirits for
experimental or research use, the qualified institution must file a
letterhead application with, and receive written approval from, the
appropriate TTB officer.

(26 U.S.C. 5312)

Sec. 19.421 Withdrawals of spirits for use in production of
nonbeverage wine and nonbeverage wine products.

A proprietor may withdraw spirits without payment of tax for
transfer to a bonded wine cellar for use in the production of
nonbeverage wine and nonbeverage wine products in accordance with part
24 of this chapter. The proprietor, as consignor, must prepare a
transfer record in accordance with Sec. 19.620. In addition, the
proprietor must prepare a package gauge record in accordance with Sec.
19.619 and must attach it to the transfer record, unless the wine
spirits are already in packages and are being withdrawn on the
production or filling gauge.

(26 U.S.C. 5214)

Spirits Withdrawn Free of Tax

Sec. 19.424 Authorized withdrawals free of tax.

A proprietor may withdraw spirits from bonded premises free of tax
as provided in this chapter:
(a) Upon receipt of a signed photocopy of a permit to withdraw and
use alcohol free of tax issued on form TTB F 5150.9 under part 22 of
this chapter;
(b) Upon receipt of a signed photocopy of a permit to procure
spirits free of tax for use of the United States or any governmental
agency, any State, any political division of a State, or the District
of Columbia for nonbeverage purposes as provided in 26 U.S.C.
5214(a)(2) issued on form TTB F 5150.33 under part 22 of this chapter;
(c) Upon receipt of a valid permit issued under this part to
procure spirits by and for the use of the United States under the
provisions of 26 U.S.C. 7510 for purposes other than those specified in
paragraph (b) of this section;
(d) If the spirits are specially denatured--
(1) Upon receipt of a signed photocopy of a permit to procure
specially denatured spirits issued on TTB F 5150.9 under part 20 of
this chapter; or
(2) For export;
(e) If the spirits are completely denatured, for any lawful
purpose; or
(f) If the spirits are contained in an article.

(26 U.S.C. 5214, 7510)

Sec. 19.425 Withdrawal of spirits free of tax.

When a proprietor ships tax-free spirits to a permit holder as
provided under Sec. 19.424, the proprietor must:
(a) Ship the spirits to the consignee designated in the permit;
(b) Ship the spirits in approved containers;
(c) Gauge each container, unless the spirits are in cases or are
withdrawn based on the production or filling gauge;
(d) Prepare a package gauge record in accordance with Sec. 19.619,
and attach it to the record of shipment if the spirits are in packages
that are to be gauged;
(e) Prepare a record of shipment (shipping invoice, bill of lading,
or other document serving the same purpose) for each shipment and
forward the original to the consignee as provided in Sec. 19.625; and
(f) Secure all bulk conveyances as provided in Sec. 19.441.

(26 U.S.C. 5214)

Sec. 19.426 Withdrawal of spirits by the United States.

(a) Withdrawal for nonbeverage use--(1) Permit required. Agencies
of the United States Government that wish to obtain either specially
denatured spirits or spirits free of tax for nonbeverage purposes must
apply for and receive a permit on form TTB F 5150.33 or must have a
previously issued permit on ATF

[[Page 9138]]

Form 1444. TTB issues permits to Government agencies for:
(i) Withdrawal and use of specially denatured spirits under part 20
of this chapter;
(ii) Withdrawal and use of alcohol free of tax for nonbeverage
purposes under part 22 of this chapter; and
(iii) Importation and use of alcohol free of tax for nonbeverage
purposes under part 27 of this chapter.
(2) Orders and shipments. In order to obtain spirits under this
section, the United States Government agency must forward a copy of a
signed permit to the distilled spirits plant for the initial purchase.
Later orders with the same plant may refer to that permit number. In
the case of a Government agency holding a single permit for use by its
subagencies, the copy of the signed permit must contain an attachment
listing all subagencies authorized to obtain spirits under that permit.
For each shipment that a proprietor makes to a Government agency under
this section, the proprietor must prepare a record of shipment and
forward the original to the Government agency as provided in Sec.
19.625.
(b) Withdrawal for beverage use. Agencies of the United States
Government that wish to obtain distilled spirits free of tax for
beverage purposes under 26 U.S.C. 7510 must provide a proper purchase
order signed by the head of the agency or an authorized designee. Each
case of spirits withdrawn must bear a plain mark ``For Use of the
United States'' in addition to the marks required by subpart S of this
part. For each withdrawal under this paragraph, the proprietor must
prepare a record containing the information required by Sec. 19.611
for a record of tax determination and must mark this record ``Free of
Tax for Use of the United States.''

(26 U.S.C. 7510);

(26 U.S.C. 5271, 5313)

Sec. 19.427 Removal of denatured spirits and articles.

(a) Specially denatured spirits. (1) Specially denatured spirits
withdrawn by a proprietor free of tax under Sec. 19.424(d) must be
shipped in the type of containers authorized under subpart S to the
consignee designated on the permit. Bulk conveyances used to transport
specially denatured spirits must be secured as required by Sec.
19.441, and the proprietor must prepare a record of shipment in
accordance with Sec. 19.625. If a proprietor withdraws specially
denatured spirits for export or for transfer to a foreign trade zone
for export or for storage pending export, the provisions of part 28 of
this chapter will apply to the withdrawal.
(2) A proprietor may transfer domestic specially denatured spirits
to qualified users located in a foreign trade zone for use in the
manufacture of articles under part 20 of this chapter. The ``alcohol'',
as defined in part 20 of this chapter, that is contained in domestic
specially denatured spirits must have been produced entirely in the
United States or Puerto Rico.
(b) Completely denatured alcohol. No permit, application, or notice
is required for the removal of completely denatured alcohol from bonded
premises.
(c) Samples of denatured spirits. (1) A proprietor may take samples
of denatured spirits free of tax that are necessary for the conduct of
business. A proprietor may furnish samples of specially denatured
spirits:
(i) To dealers in, and users of, specially denatured spirits in
advance of sales; or
(ii) To applicants or prospective applicants for permits to use
specially denatured spirits for experimental purposes or for use in
preparing samples of a finished product for submission to TTB.
(2) A proprietor must maintain records to ensure that samples of
specially denatured spirits furnished to each nonpermittee do not
exceed 5 gallons per calendar year. However, a proprietor may furnish
samples in excess of 5 gallons to a nonpermittee if the consignee has
provided the proprietor with a letterhead application approved under
Sec. 20.252 of this chapter. The proprietor must retain the approved
letterhead application on file as a part of the record of transaction.
For each shipment of a sample over the 5 gallon limit, the proprietor
must prepare a record of shipment and forward the original to the
consignee as provided in Sec. 19.625. Each such sample must bear a
label showing the word ``Sample'', the words ``Specially Denatured
Alcohol'' or ``Specially Denatured Rum'' as applicable, the formula
number, and the proprietor's name, address, and plant number. The
proprietor must maintain records of samples of less than 5 gallons as
provided in Sec. 19.616.
(d) Articles. A proprietor may remove articles from bonded premises
in accordance with part 20 of this chapter.

(19 U.S.C. 81c);

(26 U.S.C. 5214, 5271)

Sec. 19.428 Reconsignment.

(a) A consignor may reconsign a shipment of spirits or specially
denatured spirits withdrawn free of tax under Sec. 19.424. The
shipment may be reconsigned while in transit or upon arrival at the
consignee's premises for any bona fide reason. The consignor may
reconsign the shipment:
(1) To himself;
(2) To a proprietor for return to bonded premises under Sec.
19.454; or
(3) To another consignee holding a valid permit issued under part
20 or 22 of this chapter.
(b) In the case of reconsignment to a proprietor for return to
bonded premises under Sec. 19.454, the distilled spirits plant
proprietor who will return the spirits to bond must file a consent of
surety on form TTB F 5000.18 to extend the terms of the operations or
unit bond to cover the return of the spirits.
(c) When a consignor reconsigns a shipment, the consignor must
cancel the initial record of shipment and prepare a new record of
shipment marked ``Reconsignment''. The consignor must annotate the
copies of the canceled record of shipment and the new record of
shipment to cross-reference each other.

(26 U.S.C. 5201)

Spirits Withdrawn on Production Gauge

Sec. 19.431 Withdrawal of spirits on production gauge.

A proprietor may withdraw spirits from bonded premises for any
lawful purpose based on the production gauge when it is made in
accordance with Sec. 19.289(b). Spirits may be withdrawn without
payment of tax for export based on the production gauge when it is made
under Sec. 19.289(c). When spirits that are to be withdrawn on
determination of tax on the original gauge are transferred in bond, all
copies of the transfer record required by Sec. 19.620 must be marked
``Withdrawal on Original Gauge''.

(26 U.S.C. 5204)

Rules for Taking Samples of Spirits

Sec. 19.434 Spirits withdrawn from bonded premises.

(a) Laboratory samples. A proprietor may withdraw spirits without
payment of tax, or may withdraw wine spirits or brandy free of tax, to
the proprietor's laboratory, to the laboratory of an affiliated or
subsidiary corporation, or, if approved by the appropriate TTB officer,
to a recognized commercial laboratory. The samples must be used only
for testing or analysis to determine the quality or character of the
finished product and must be withdrawn in the minimum amounts necessary
for the purpose.
(b) Customer samples. If a bona fide purchase agreement exists that
is

[[Page 9139]]

contingent upon quality approval, a proprietor may furnish to a
prospective customer a sample of spirits not exceeding 1 liter for
quality testing. A proprietor may furnish a sample not to exceed 1
liter to a prospective customer for quality testing in anticipation of
a purchase agreement if the customer is authorized to receive bulk
spirits for industrial use.
(c) Research or development. A proprietor may withdraw spirits
without payment of tax for research or development testing, for testing
of processes, systems, or materials, or for the testing of equipment
relating to distilled spirits or distilled spirits plant operations.
The amount withdrawn must be limited to the amount reasonably necessary
to conduct the test. If the test is to be conducted by someone other
than the proprietor, the proprietor must obtain a written statement,
executed by the consignee, agreeing to maintain records of the receipt,
use, and disposition of all spirits received for purposes of the test.
The statement must specify that records of operations will be available
during regular business hours for inspection by TTB officers.
(d) Conditions. The following conditions apply to the withdrawal
and testing of samples under this section:
(1) The spirits may not be used for consumer testing or other
market analysis;
(2) The proprietor must maintain the records specified in Sec.
19.616; and
(3) Remnants or residues of spirits not used during testing must be
destroyed or returned to the bonded premises of the proprietor.
(e) Liability for tax. The proprietor must pay the tax on any
samples of spirits withdrawn, used, or disposed of in a manner not
authorized by this section.
(f) Losses. When spirits are lost before use for a purpose
authorized under this section, the proprietor must pay the tax or must
file a claim for remission of tax liability in accordance with Sec.
19.263.

(26 U.S.C. 5214, 5173)

Sec. 19.435 Samples used on bonded premises.

A proprietor may take samples of spirits for research, development,
testing, or laboratory analysis conducted in a laboratory located on
the bonded premises. The purposes, conditions, and limitations
specified for samples under Sec. 19.434 will also apply to samples
used under this section.

(26 U.S.C. 5008)

Sec. 19.436 Taxpayment of samples.

When a proprietor is required to pay tax on samples under Sec.
19.434(f), the proprietor may include the tax on the next semimonthly
or quarterly tax return, as appropriate, if qualified to defer payment
of tax. If a proprietor is not qualified to defer payment of tax, the
proprietor must prepay the tax on form TTB F 5000.24. See subpart I of
this part for rules regarding the payment of taxes.

(26 U.S.C. 5005, 5061)

Sec. 19.437 Labels.

(a) On each container of spirits withdrawn under Sec. 19.434, the
proprietor must affix a label showing the following information:
(1) The proprietor's name and plant number;
(2) The date withdrawn;
(3) The purpose for which withdrawn;
(4) The kind of spirits;
(5) The size and the proof of the sample, if known; and
(6) The name and address of the consignee, if the spirits are
removed other than to the proprietor's adjacent or contiguous premises.
(b) The labeling prescribed under paragraph (a) of this section is
not required when the sample container bears a label approved under
part 5 of this chapter and subpart S of this part and the sample is
removed from bonded premises to the general premises of the same
distilled spirits plant or to any laboratory owned and operated by the
proprietor of that distilled spirits plant.

(26 U.S.C. 5206, 5214, 5373)

Securing Conveyances

Sec. 19.441 Securing of conveyances.

(a) Construction for securing. When the securing of a conveyance is
required by this part, the conveyance must be constructed so that all
openings, including valves, may be closed and secured.
(b) Approval of securing devices. Seals, locks or other devices on
conveyances used to transport taxpaid spirits, denatured spirits
transferred in bond, or denatured spirits withdrawn free of tax do not
require approval by TTB. On the other hand, all seals, locks, or
devices used on conveyances in which spirits are transferred in bond,
withdrawn free of tax, or withdrawn without payment of tax, require
approval by the appropriate TTB officer before use. However, cap seals
at least three-fourths of an inch in diameter, ball-strap-type
(railroad) seals with a strap at least five-sixteenths of an inch wide,
and locking security cable with at least a \1/16\-inch cable may be
used on conveyances without approval by TTB. Such seals must:
(1) Be made of durable materials;
(2) Bear the plant registration number or the name, or readily
recognizable abbreviation of the name, of the proprietor;
(3) Bear a serial number, including letter prefixes or suffixes,
which will not be repeated within the following 6-month period;
(4) Be durably and legibly marked; and
(5) Be constructed to show evidence of tampering.
(c) Furnishing and affixing securing devices. The proprietor must
furnish and affix any seals, locks or other devices used on
conveyances. However, TTB may require any conveyance in which spirits
are transferred in bond, withdrawn free of tax, or withdrawn without
payment of tax, to be secured by a device furnished by TTB and affixed
by a TTB officer. The securing of a conveyance will be done:
(1) As soon as the conveyance is loaded for shipment; and
(2) In such a manner that access to the contents of the conveyance
cannot be gained without leaving evidence of tampering.

(26 U.S.C. 5206, 5682)

Subpart Q--Return of Spirits to Bonded Premises and Voluntary
Destruction

Sec. 19.451 Scope.

The IRC allows a proprietor of a distilled spirits plant to return
distilled spirits, denatured spirits, and articles to the bonded
premises of that plant under certain conditions. This subpart covers
the types of returns allowed, sets forth the procedures that the
proprietor must follow when returning these products to bonded
premises, and prescribes rules for voluntary destruction on or off
bonded premises.

Conditions for Return of Spirits to Bond

Sec. 19.452 Return of taxpaid spirits to bonded premises for
destruction, denaturation, redistillation, reconditioning, or
rebottling.

(a) Allowable returns. A proprietor may return spirits to bonded
premises if the spirits were taxpaid or tax determined by him, by
another distilled spirits plant proprietor, or by an importer upon
importation through U.S. Customs and Border Protection. However,
consistent with section 5215(a) of the IRC the proprietor may return
such spirits to bond only for one of the following reasons:
(1) Destruction, in accordance with Sec. 19.459;

[[Page 9140]]

(2) Denaturation, in accordance with subpart O of this part;
(3) Redistillation, in accordance with subpart L of this part;
(4) Reconditioning; or
(5) Rebottling.
(b) Dump and gauge of returned spirits. The proprietor must
immediately dump spirits returned to bonded premises under this section
unless the spirits are returned in the sealed metal drums in which they
were withdrawn. The proprietor must gauge spirits returned under this
section upon their receipt. The proprietor may gauge spirits in bottles
based upon the case markings and label information in accordance with
Sec. 19.286.
(c) Claims for credit or refund of tax. A proprietor may file a
claim under Sec. 19.264 for credit or refund of tax on spirits
returned to bonded premises under this section. In addition to the
information specified in Sec. 19.264, a proprietor filing a claim for
credit or refund of tax must have on file at the plant where spirits
are returned to bond the following documentation for each lot of
spirits returned:
(1) Documentation that establishes the amount of tax for which the
claim for credit or refund is filed. If the spirits contain eligible
wine or eligible flavors, the proprietor must have on file a copy of
the record of tax determination as prescribed by Sec. 19.611, or other
documentation that establishes the rate of tax that was paid on the
product. In lieu of establishing the actual effective tax rate of the
product, the proprietor may claim a credit or refund based on the
lowest effective tax rate applied to the product; and
(2) Credit memoranda or comparable financial records evidencing the
return of each lot of spirits.
(d) Applicability of Chapter 51 of the IRC. All provisions of
chapter 51 of the IRC and of this part that apply to spirits under TTB
bond also apply to spirits when returned to bond under this section.

(26 U.S.C. 5008, 5010, 5201, 5207, 5215)

Sec. 19.453 Return of bottled spirits for relabeling or reclosing.

A proprietor may return bottled distilled spirits to his bonded
premises for relabeling or reclosing. When bottled spirits are returned
for relabeling or reclosing, the proprietor may not claim credit or
refund of tax on the returned spirits, and no tax will be due on their
subsequent removal. The proprietor must relabel or reclose the bottles
immediately and must promptly remove the spirits from bonded premises.
The provisions of Sec. 19.363 apply to relabeling and reclosing
performed under this section.

(26 U.S.C. 5215)

Sec. 19.454 Other authorized returns to bonded premises.

In addition to the returns to bonded premises specified in
Sec. Sec. 19.452 and 19.453, there are other permissible returns of
distilled spirits products to a proprietor's bonded premises. These
other products, the purposes for which they may be returned, and the
conditions for their return are listed in the table below. All of these
products must be gauged upon receipt.

----------------------------------------------------------------------------------------------------------------
Type of product Purpose of return Conditions
----------------------------------------------------------------------------------------------------------------
(1) For redistillation.......... To any DSP authorized to produce or
process.
(a) SDA withdrawn free of tax under part (2) For subsequent lawful To any DSP. The DSP proprietor must
20 of this chapter. withdrawal. file a consent of surety, form TTB
F 5000.18, to extend the terms of
the operations or unit bond to
cover the return of spirits.
(b) Recovered denatured spirits......... (1) For restoration or (i) To any DSP authorized to
redenaturation. denature.
(ii) If SDA needs to be redistilled,
the DSP must be authorized to
produce or process spirits.
(iii) Returns must be in accordance
with part 20 of this chapter.
(c) Recovered articles.................. (1) For restoration or (i) To any DSP authorized to
redenaturation. denature.
(ii) If recovered articles need to
be redistilled, the DSP must be
authorized to produce or process
spirits.
(iii) Returns must be in accordance
with part 20 of this chapter.
(d) Articles manufactured under part 20 (1) For recovery by To a DSP authorized to produce or
of this chapter and spirits residues redistillation. process spirits.
from manufacturing processes.
(1) For redistillation.......... To any DSP authorized to produce or
process.
(e) SDA withdrawn free of tax for export (2) For subsequent lawful To any DSP. The DSP proprietor must
under part 28 of this chapter. withdrawal. file a consent of surety, TTB F
5000.18, to extend the terms of the
operations or unit bond to cover
the return of spirits.
(f) Tax-free spirits withdrawn under (1) For redistillation.......... (i) To any DSP authorized to produce
part 22 of this chapter. or process.
(2) For subsequent lawful (ii) To any DSP. The DSP proprietor
withdrawal. must file a consent of surety, TTB
F 5000.18, to extend the terms of
the operations or unit bond to
cover the return of spirits.
(1) For redistillation.......... (i) To any DSP authorized to produce
or process.
(g) Recovered tax-free spirits withdrawn (2) For restoration (not (ii) To any DSP. The DSP proprietor
under part 22 of this chapter. including redistillation). must file a consent of surety, TTB
F 5000.18, to extend the terms of
the operations or unit bond to
cover the return of spirits.
(h) Spirits withdrawn without payment of (1) For redistillation.......... (i) For (1)--To any to DSP
tax under part 28 of this chapter for authorized to produce or process
export, for transfer to a customs spirits.
bonded storage, manipulation, or
manufacturing warehouse, for deposit in
an FTZ, or for use on vessels or
aircraft, and not so exported,
transferred, deposited, or used.

[[Page 9141]]

(2) For later lawful removal.... (ii) For (2)--To the bonded premises
from which withdrawn for later
lawful removal.
(iii) For (1) and (2)--Returns must
be made in accordance with the
provisions of part 28 of this
chapter.
(i) Wine spirits withdrawn without (1) Any lawful purpose.......... (i) To any DSP.
payment of tax for use in wine
production.
(ii) The proprietor must obtain
approval as provided in Sec.
19.403.
(iii) Removal of wine spirits from a
winery must be in accordance with
part 24 of this chapter.
(j) Spirits withdrawn without payment of (1) For destruction, or return (i) To the DSP from which the
tax for research, development, or to containers, or return to the spirits were withdrawn.
testing. distilling system.
----------------------------------------------------------------------------------------------------------------

(19 U.S.C. 81(c), 26 U.S.C. 5001, 5062, 5066, 5214, 5215, 5223,
5273, 5373)

Sec. 19.455 Return of spirits withdrawn for export with benefit of
drawback.

(a) Subject to the provisions of Sec. Sec. 28.197 through 28.199
of this chapter, whole or partial shipments of spirits withdrawn for
export with benefit of drawback may be returned to:
(1) The bonded premises of the distilled spirits plant, pursuant to
Sec. 19.452; or
(2) To a wholesale liquor dealer or taxpaid storeroom.
(b) Claims for export drawback filed by proprietors on form TTB F
5110.30 which include the returned spirits shall be reduced by the
amount of tax paid or determined on the returned spirits.

(26 U.S.C. 5215)

Sec. 19.457 Receipt of spirits abandoned to the United States.

Spirits abandoned to the United States may be sold, without payment
of the tax, to a proprietor of a distilled spirits plant for
denaturation or for redistillation and denaturation, provided that the
plant is authorized to denature or redistill and denature spirits. The
proprietor must gauge the spirits upon receipt and must keep the
spirits apart from all other spirits or denatured spirits until
denatured.

(26 U.S.C. 5243)

Rules for Voluntary Destruction

Sec. 19.459 Voluntary destruction.

(a) General. A proprietor may voluntarily destroy spirits,
denatured spirits, articles, or wines on bonded premises as provided in
this section. There is no tax liability on spirits, denatured spirits,
articles, or wines destroyed in accordance with this section.
(b) Wine notice. A proprietor may destroy wine held on bonded
premises only after the proprietor has filed a notice of intent to
destroy with the appropriate TTB officer stating the kind and quantity
of wine to be destroyed and the date and manner in which the wine is to
be destroyed. The wine may be destroyed after the filing of the notice.
(c) Gauging. A proprietor must gauge all spirits, denatured
spirits, articles, or wines to be destroyed. The proprietor may
establish the gauge of spirits in bottles on the basis of legible case
markings and label information in accordance with Sec. 19.286. The
proprietor must individually count bottles in partial cases.
(d) Destruction off bonded premises. If a proprietor intends to
remove spirits, denatured spirits, articles, or wines from bonded
premises in order to destroy them at a location off bonded premises,
the proprietor must file a consent of surety to cover the removal. When
the destruction takes place off plant premises, the proprietor must
comply with applicable Federal, State, and local environmental laws and
regulations.
(e) Record of destruction. The proprietor must record the
destruction of spirits, denatured spirits, articles, or wines as
provided in Sec. 19.617.

(26 U.S.C. 5008, 5370)

Subpart R--Losses and Shortages

Sec. 19.461 Losses and shortages in general.

(a) Allowable losses and shortages. Except as otherwise provided in
paragraph (b) of this section, TTB will not collect tax on spirits,
denatured spirits, or wines that are lost, destroyed, or otherwise
unaccounted for while in bond, and if the tax has already been paid,
TTB will refund the tax.
(b) Exceptions. TTB will collect the tax in the case of:
(1) Theft, unless the appropriate TTB officer finds that the theft
occurred without connivance, collusion, fraud or negligence on the part
of the proprietor, owner, consignor, consignee, bailee, or carrier, or
any employee or agent of any of them;
(2) Voluntary destruction carried out other than as provided in
subpart Q of this part;
(3) An unexplained shortage of bottled spirits.
(c) Burden of proof. When it appears that a theft occurred, the
burden of proof will be on the proprietor or other person liable for
the tax to establish to the satisfaction of the appropriate TTB officer
that the theft did not result from connivance, collusion, fraud, or
negligence on the part of the proprietor, owner, consignor, consignee,
bailee, or carrier, or any employee or agent of any of them.
(d) Claims. Claims for losses and shortages allowable under this
section must be filed in accordance with the provisions of subpart J of
this part.
(e) Limitations. TTB will abate, remit, credit, or refund taxes on
spirits, denatured spirits, or wines lost by theft only to the extent
that the claimant is not indemnified against, or recompensed for, the
taxes paid or owed.

(26 U.S.C. 5008, 5370)

Sec. 19.462 Determination of losses in bond.

(a) Times for determining losses. A proprietor must determine at
any of the following times whether a loss of spirits, denatured
spirits, or wines has occurred:
(1) Each time a tank or bulk conveyance is emptied;
(2) Upon discovery of an accident or an unusual variation in a
gauge; and
(3) When required to take a physical inventory.
(b) Losses from theft, tampering, or unauthorized voluntary
destruction. Whenever any spirits, denatured spirits, or wines are lost
or destroyed in bond, whether by theft, tampering, or unauthorized
voluntary destruction, the proprietor may elect voluntarily to pay the
tax on the quantity lost. If the proprietor does not elect to pay the
tax, the proprietor must promptly report the loss or destruction to the
appropriate

[[Page 9142]]

TTB officer. TTB may require that the proprietor file any claim for
relief from the tax in accordance with Sec. 19.263.
(c) Missing packages. When a proprietor cannot locate or otherwise
account for any packages of spirits, denatured spirits, or wine
recorded as deposited on bonded premises, the proprietor must promptly
report that fact to the appropriate TTB officer. In such case the
proprietor must either pay the tax on the lost spirits, denatured
spirits, or wines or file a claim for relief from the tax in accordance
with Sec. 19.263.
(d) Excessive in-transit losses. A proprietor must promptly report
excessive in-transit losses to the appropriate TTB officer. As a
general rule, when spirits, denatured spirits, or wines are received in
bond in bulk conveyances TTB will consider as excessive a loss that
exceeds 1 percent of the quantity consigned. However, in the case of
transcontinental transfers of wine in bond, TTB will consider as
excessive only a loss in excess of 2 percent of the quantity of wine
consigned.
(e) Excessive storage losses. A proprietor must pay the tax on
excessive storage account losses of spirits unless the proprietor files
a claim for remission in accordance with Sec. 19.263 and TTB allows
the claim under Sec. 19.268. TTB will consider a storage account loss
as excessive when the quantity of spirits lost during a calendar
quarter from all storage tanks and stored bulk conveyances exceeds 1.5
percent of the total quantity contained in the tanks and stored bulk
conveyances during the calendar quarter.

(26 U.S.C. 5008, 5370)

Sec. 19.463 Loss of spirits from packages.

(a) Tampering or theft. The appropriate TTB officer may require
that a proprietor pay the tax on any loss caused by tampering or theft
of spirits from packages in storage unless the proprietor establishes
to the satisfaction of the appropriate TTB officer that the loss was
not due to connivance, collusion, fraud or negligence on the part of
the proprietor. As a general rule, the tax will be assessed on the
quantity of spirits that represents the difference between the quantity
originally entered in the package and the quantity remaining after
discovery of the tampering or theft. However, if the proprietor can
show that the package had already sustained normal storage losses
before the tampering or theft occurred, the proprietor may exclude the
amount of the normal storage losses from the quantity to be taxpaid.
(b) Alternative method of tax assessment. If tampering or theft has
occurred at a proprietor's plant and the proprietor has failed to use
effective controls to prevent it, the appropriate TTB officer may use
an alternative to the general method of tax assessment specified in
paragraph (a) of this section. In this case, the appropriate TTB
officer may assess on each package showing evidence of tampering or
theft an amount equal to the tax on 5 proof gallons of spirits.

(26 U.S.C. 5006)

Sec. 19.464 Losses after tax determination.

If a proprietor sustains a loss of spirits after tax determination
but prior to completion of physical removal of the spirits from bonded
premises, the proprietor may file a claim in accordance with subpart J
of this part.

(26 U.S.C. 5008)

Sec. 19.465 Shortages of bottled spirits.

(a) Determination of shortage. The determination of whether an
unexplained shortage of bottled distilled spirits exists must be made
by comparing the spirits recorded as being on hand to either the
results of the physical inventory required by Sec. 19.372 or the
results of any other complete physical inventory taken by the
proprietor. When the recorded quantity is greater than the quantity
determined by physical inventory, the difference is an unexplained
shortage. The proprietor must adjust its records to reflect the results
of the physical inventory.
(b) Payment of tax on shortage. A proprietor must pay the tax on
any unexplained shortage of bottled distilled spirits:
(1) Immediately on a prepayment return on form TTB F 5000.24,
Excise Tax Return; or
(2) On a deferred payment return on TTB F 5000.24 for the period
during which the shortage was determined.

(26 U.S.C. 5008)

Subpart S--Containers and Marks

Sec. 19.471 General.

The proprietor of a distilled spirits plant must comply with the
container and marking requirements that apply to both industrial and
nonindustrial spirits. This subpart covers those requirements. For the
requirements that apply to articles made with denatured spirits, see
part 20 of this chapter. For the requirements that apply to wine, see
part 24 of this chapter.

(26 U.S.C. 5206)

Sec. 19.472 Need to determine use of spirits--industrial or
nonindustrial.

Many of the container and marking requirements set forth in this
subpart are based on the intended use of the spirits, that is, whether
they are for ``industrial'' or ``nonindustrial'' use. For purposes of
this subpart, the terms ``industrial'' use and ``nonindustrial'' use
refer to the uses specified in paragraphs (a) and (b) of this section.
(a) Industrial use. The word ``industrial'' when used with
reference to the use of spirits has the same meaning as in Sec. Sec.
1.60 and 1.62 of this chapter. Those uses are as follows:
(1) Free of tax by, and for the use of, the United States or any
governmental agency thereof, any State, any political subdivision of a
State, or the District of Columbia, for nonbeverage purposes;
(2) Free of tax for nonbeverage purposes and not for resale or use
in the manufacture of any product for sale--
(i) For the use of any educational organization described in 26
U.S.C. 170(b)(1)(A)(ii) which is exempt from income tax under 26 U.S.C.
501(a), or for the use of any scientific university or college of
learning;
(ii) For any laboratory for use exclusively in scientific research;
(iii) For use at any hospital, blood bank, or sanitarium (including
use in making analysis or test at such hospital, blood bank, or
sanitarium), or at any pathological laboratory exclusively engaged in
making analyses, or tests, for hospitals or sanitariums; or
(iv) For the use of any clinic operated for charity and not for
profit (including use in compounding of bona fide medicines for
treatment outside of such clinics of patients thereof);
(3) Free of tax, after denaturation of such spirits in the manner
prescribed by law for--
(i) Use in the manufacture of ether, chloroform, or other definite
chemical substance where such distilled spirits are changed into some
other chemical substance and do not appear in the finished product; or
(ii) Any other use in the arts and industries (except for uses
prohibited by 26 U.S.C. 5273 (b) or (d)) and for fuel, light, and
power; and
(4) The use of distilled spirits for experimental purposes and in
the manufacture of--
(i) Medicinal, pharmaceutical, or antiseptic products, including
prescriptions compounded by retail druggists;
(ii) Toilet preparations;
(iii) Flavoring extracts, syrups, or food products; or
(iv) Scientific, chemical, mechanical, or industrial products,
provided such products are unfit for beverage use.

[[Page 9143]]

(b) Nonindustrial use. The word ``nonindustrial'' when used with
reference to the use of spirits refers to any use not listed as an
``industrial'' use in paragraph (a) of this section. Nonindustrial uses
include the following:
(1) For beverage purposes;
(2) In the manufacture, rectification, or blending of alcoholic
beverages; or in the preparation of food or drink by a hotel,
restaurant, tavern, or similar establishment; or as a medicine; and
(3) Distilled spirits in containers with a capacity of 1 wine
gallon or less, other than anhydrous alcohol and alcohol that may be
withdrawn from bond free of tax.

(26 U.S.C. 5206, 5301)

Requirements for Containers

Sec. 19.473 Authorized containers.

(a) General. A proprietor may only use containers that are
authorized under this part for containing, storing, transferring,
conveying, removing, or withdrawing spirits or denatured spirits.
(b) Approval of other containers. The appropriate TTB officer may
approve the use of another type of container for a particular purpose
in place of a type of container specifically authorized in this part
for that purpose if the use of that container:
(1) Will provide protection to the revenue equal to or greater than
that provided by the authorized container; and
(2) Will not hinder the effective administration of this part.
(c) Approval of other container materials. The appropriate TTB
officer may approve the use of a container made of a material other
than one prescribed in this subpart if the prescribed material is
unsuitable for the intended purpose. If the appropriate TTB officer
approves another material for a container, the approval may also
specify how the container must be constructed, protected, marked, and
used.

(26 U.S.C. 5002, 5206, 5212, 5213, 5214, 5301.)

Sec. 19.474 Spirits for nonindustrial use.

(a) Containers. A proprietor may fill spirits for nonindustrial use
into packages or into other containers that are filled during
processing operations, if consistent with the provisions of part 5 of
this chapter.
(b) Bottles and labels. The provisions of subpart T of this part
and part 5 of this chapter govern the liquor bottles and labels that a
proprietor must use in bottling spirits for nonindustrial domestic use.
(c) Cases. If spirits for nonindustrial use are in containers with
a capacity of one gallon or less the proprietor must place the
containers in cases constructed to afford reasonable protection against
breakage.

(26 U.S.C. 5206, 5212, 5301)

Sec. 19.475 Spirits for industrial use.

(a) Containers. A proprietor may fill denatured spirits or other
spirits for industrial use into suitable containers. The proprietor
must ensure that all containers for spirits that will be used in food
products comply with applicable U.S. Food and Drug Administration
health and safety laws and regulations.
(b) Encased containers. A proprietor may encase unlabeled
containers of denatured spirits and other spirits for industrial use in
wood, fiberboard or similar material if:
(1) The cases are constructed so that the surface, including the
opening of the container, is not exposed;
(2) Required marks are applied to an exterior surface of the case;
(3) The case is constructed so that the portion containing marks
will remain attached to the inner container until all the contents have
been removed; and
(4) A statement reading, ``Do not remove inner container until
emptied'' or a statement of similar meaning appears on the portion of
the case bearing the marks.
(c) Cases. With the exception of encased containers covered in
paragraph (b) of this section, if the containers for denatured spirits
and spirits for industrial use have a capacity of not more than 1
gallon, the proprietor must place the containers in cases that provide
reasonable protection against breakage.

(26 U.S.C. 5206, 5301)

Sec. 19.476 Packages.

A proprietor may use packages on bonded premises for original entry
of spirits, and for packaging from tanks, storing, transferring in
bond, and withdrawing spirits and denatured spirits from bonded
premises. Packages must be constructed so as to be capable of secure
closure.

(26 U.S.C. 5206)

Sec. 19.477 Use of bulk conveyances.

If a bulk conveyance meets the construction requirements of Sec.
19.478 or is approved under Sec. 19.473(b), a proprietor may use the
bulk conveyance on bonded premises for the original entry of spirits,
and for filling from tanks, storing, transferring in bond, and
withdrawing taxpaid spirits and denatured spirits. A proprietor may use
such a bulk conveyance to withdraw spirits free of tax, in accordance
with the provisions of this part, for use of the United States or to a
specified consignee if so authorized by the appropriate TTB officer
under Sec. 19.473(b). A proprietor may also use such a bulk conveyance
to withdraw spirits without payment of tax, in accordance with the
provisions in this part, for any one of the following purposes:
(a) Export, as authorized under 26 U.S.C. 5214(a)(4);
(b) Transfer to customs manufacturing bonded warehouses, as
authorized under 19 U.S.C. 1311;
(c) Transfer to foreign trade zones, as authorized under 19 U.S.C.
81c;
(d) Transfer to customs bonded warehouses, as authorized under 26
U.S.C. 5066 or 5214(a)(9); or
(e) Use in wine production, as authorized under 26 U.S.C. 5373.

(26 U.S.C. 5206)

Sec. 19.478 Construction requirements for bulk conveyances.

(a) Construction. The following standards apply to bulk conveyances
authorized by this part:
(1) If the conveyance consists of two or more compartments, each
compartment must be constructed or arranged so that the emptying of any
compartment does not provide access to the contents of any other
compartment;
(2) The conveyance (or in the case of compartmented conveyances,
each compartment) must be arranged so that it can be completely
drained;
(3) Each tank car or tank truck must have permanently and legibly
marked thereon its number, its capacity in wine gallons, and the name
or symbol of its owner;
(4) If the conveyance consists of two or more compartments, each
compartment must be identified by a number and the capacity in wine
gallons of each shall be marked thereon;
(5) The conveyance must have a route board or other suitable device
for carrying required marks or brands; and
(6) Calibrated charts, showing the capacity of each compartment in
wine gallons for each inch of depth, must be available for use in
measuring the contents of each tank truck, tank ship, or barge.
(b) Proprietor's responsibility. Before filling any bulk
conveyance, a proprietor must examine it to verify that it meets the
requirements of this section or of an approval under Sec. 19.473(b)
and that it is otherwise suitable for receiving the spirits or
denatured spirits. A proprietor must refrain from using, or discontinue
use of, any conveyance

[[Page 9144]]

found by it or by the appropriate TTB officer not to meet the
applicable requirements.

(26 U.S.C. 5206, 5212, 5213, 5214)

Sec. 19.479 Restrictions on dispositions of bulk spirits.

(a) Bulk spirits for nonindustrial use. A proprietor may sell or
dispose of spirits for nonindustrial use in containers holding more
than one wine gallon only to the persons and for the purposes specified
in Sec. 1.80 of this chapter.
(b) Bulk spirits for industrial use. If a proprietor withdraws
spirits (other than alcohol or neutral spirits) from bond in containers
holding more than one wine gallon for industrial use, the proprietor
must ship or deliver the spirits directly to the user of the spirits as
provided in Sec. 1.95 of this chapter.

(26 U.S.C. 5201)

Marking Requirements for Spirits

Sec. 19.482 General.

A proprietor must mark, identify, and label all containers of
spirits or denatured spirits as provided in this part. For information
regarding liquor bottle label requirements, see subpart T of this part
and part 5 of this chapter.

(26 U.S.C. 5204, 5206)

Sec. 19.483 Specifications for marks.

(a) Basic requirements. A proprietor must place the marks
prescribed by this subpart on cases, encased containers, and packages
of spirits and denatured spirits so that they are:
(1) Of adequate size to be easily read;
(2) Of a color in distinct contrast to the color of the background;
(3) Legible; and
(4) Durably affixed.
(b) Use of labels. A proprietor may use labels as the means for
applying prescribed marks if the labels meet the requirements of
paragraph (a) of this section.
(c) Location. A proprietor must place the prescribed marks on one
side of the case or encased container, or on the head of the package.

(26 U.S.C. 5206)

Sec. 19.484 Marks on packages filled in production or storage.

(a) Packages filled in production or storage. Except as otherwise
provided in this part, a proprietor must mark packages of spirits
filled in production or storage with:
(1) The name of the producer, or the producer's trade name, in
accordance with paragraph (b) of this section;
(2) The distilled spirits plant number of the producer, such as
``DSP-KY-708'';
(3) The kind of spirits or, in the case of distillates removed
under Sec. 19.307, the kind of distillate such as ``Grape Distillate''
or ``Peach Distillate'';
(4) The package identification number;
(5) ``BSA'' or ``OC'' when spirits are treated with caramel (burnt
sugar) or oak chips, as the case may be;
(6) The rated capacity of the package in gallons shown as ``RC-G'';
and
(7) The name or trade name and the plant number of the packaging
proprietor in place of the name or trade name and plant number of the
producer if packages of spirits of 190[deg] or more of proof are filled
by a proprietor other than the producer.
(b) Real or trade names. The producer's or other proprietor's real
name, or the authorized trade name used in accordance with Sec. 19.94
at the time of production, may be placed on any package filled at the
time of the production gauge, or at the time of the original packaging
of the spirits in wood when, as provided in Sec. 19.305, the spirits
were not filled into wooden packages at the time of production gauge.
When spirits have been mingled in accordance with Sec. 19.326, the
proprietor may use only a producer name associated with any portion of
the mingled spirits on packages filled with such mingled spirits.

(26 U.S.C. 5206)

Sec. 19.485 Package identification numbers in production and storage.

(a) General. A proprietor must mark with a lot identification
number each package of spirits filled during production or storage
operations. The lot identification number must show when the package
was filled and must consist of, in order, the following:
(1) The last two digits of the calendar year;
(2) An alphabetical designation for the month from ``A'' through
``L'', representing, in order, January through December;
(3) Two digits corresponding to the day of the month; and
(4) When more than one lot is filled into packages during the same
day, for successive lots after the first lot, a letter suffix sequence
starting with ``A'' representing the second lot, with ``B''
representing the third lot, and so forth. For example: the first three
lots filled into packages on January 2, 2002, would be identified as
``02A02'', ``02A02A'', and ``02A02B''.
(b) Packages constituting a lot. Packages of spirits, including any
remnant package, received from customs custody or filled during any one
day will receive the same lot identification number, subject to the
following conditions:
(1) They are of the same type and either are of the same rated
capacity or are uniformly filled with the same quantity by weight or
other measurement method prescribed in Sec. 19.289;
(2) They are filled with spirits of the same kind and same proof;
(3) If they are filled with mingled spirits, the mingling was
conducted in accordance with Sec. 19.326; and
(4) In the case of spirits imported or brought into the United
States, they are filled with imported spirits, Puerto Rican spirits or
Virgin Island spirits, as applicable.
(c) Serial numbers. At the time of filling, receipt on bonded
premises, or withdrawal from bond, the appropriate TTB officer may
require serial numbers on packages of spirits within the same lot in
conjunction with the lot identification number. The proprietor must
assign temporary serial numbers to packages for control purposes when
they are transferred in bond in an unsecured conveyance or gauged after
tampering within the storage account.

(26 U.S.C. 5206)

Sec. 19.486 Change of packages in storage.

When a proprietor transfers spirits from one package to another as
permitted in Sec. 19.325, the proprietor must give the new package the
same package identification number and marks as the original package.
The proprietor must also prepare and sign a label to be affixed to the
head of each new package. The label must be in the following form:
The spirits in this ------------ [kind of cooperage: barrel or
drum], package identification No. --------, were transferred from a --
---------- [kind of cooperage: barrel or drum], on --------------
[Date], -------------- [Proprietor]

(26 U.S.C. 5206)

Sec. 19.487 Kind of spirits.

(a) Designation. The designations of kind of spirits required for
packages filled on bonded premises must be consistent with the classes
and types of spirits set forth in part 5 of this chapter subject to the
following exceptions or conditions:
(1) A proprietor may designate as ``Alcohol'' spirits distilled at
more than 160[ordm] proof, which lack the taste, aroma, and other
characteristics generally attributed to whisky, brandy, rum, or gin,
and which are substantially neutral in character. When alcohol so
designated is withdrawn on

[[Page 9145]]

determination of tax, the designation must consist of the word
``Alcohol'' preceded or followed by a word or phrase that describes the
material from which the alcohol was produced;
(2) The designation for vodka, neutral spirits, or gin must include
a word or phrase that describes the material from which the spirits
were produced;
(3) A proprietor may designate as ``Spirits'', preceded or followed
by a word or phrase that describes the material from which the spirits
were produced, those distilled spirits that are distilled at less than
190[ordm] proof which lack the taste, aroma, and other characteristics
generally attributed to whisky, brandy, rum, or gin. However, the
proprietor may not designate such spirits as ``Spirits grain'' or
``Grain spirits'';
(4) A proprietor must designate spirits distilled from fruit at or
above 190[ordm] proof, if intended for use in wine production, as
``Neutral Spirits--Fruit'', preceded or followed by the name of the
fruit from which the spirits were produced;
(5) A proprietor may designate as ``Whisky'' spirits distilled at
not more than 160[ordm] proof from a fermented mash of not less than 51
percent rye, corn, wheat, malted barley, or malted rye grain, packaged
in reused cooperage, provided that the designation is further qualified
with the words ``Distilled from rye mash'' (or bourbon, wheat, malt, or
rye malt mash, as the case may be). However, spirits designated as
``Whisky'' must, if distilled from a fermented mash of not less than 80
percent corn, carry the designation ``Corn Whisky.''
(b) Change of designation. After written application to, and
approval of, the appropriate TTB officer, a proprietor may at any time
before their withdrawal from bonded premises, change the original
designation for spirits to a new designation properly describing the
spirits in accordance with the provisions of this section.
(c) Other designations. If a proprietor proposes to produce spirits
for which a designation has not been prescribed in this section or in
part 5 of this chapter, the proprietor must first make written
application to the appropriate TTB officer for a designation for such
spirits, and the proprietor must then designate the spirits
accordingly.
(d) Spirits for nonindustrial use. A proprietor may not treat the
provisions of this section as constituting authorization to apply
designations to spirits withdrawn for nonindustrial use if those
designations do not conform to the requirements of part 5 of this
chapter.

(26 U.S.C. 5206)

Sec. 19.488 Marks on packages filled in processing.

(a) Packages filled in processing. Except as otherwise provided in
this part, a proprietor must mark packages of spirits filled in
processing with:
(1) The name of the processor, or the processor's trade name;
(2) The distilled spirits plant number of the processor, such as
``DSP-KY-708'';
(3) The kind of spirits in accordance with Sec. 19.487 or, in the
case of an intermediate product, the product name shown on form TTB F
5110.38, Formula for Distilled Spirits Under the Federal Alcohol
Administration Act;
(4) The serial number or lot identification number, in accordance
with Sec. 19.490, and the date of filling;
(5) The proof of the spirits; and
(6) The serial number of the formula if it was manufactured under
an approved formula.
(b) Real or trade names. The proprietor's real name or any trade
name used in accordance with Sec. 19.94 may be placed on any package
filled with spirits during processing operations.

(26 U.S.C. 5206)

Sec. 19.489 Marks on cases filled in processing.

(a) Mandatory marks. Except for cases marked in accordance with
Sec. 19.496, a proprietor must mark in accordance with Sec. 19.483
the following information on each case of spirits filled in processing:
(1) Serial number in accordance with Sec. 19.490;
(2) Kind of spirits in accordance with the classes and types of
spirits set forth in part 5 of this chapter;
(3) The distilled spirits plant number where bottled;
(4) Date filled;
(5) Proof; and
(6) Liters or proof gallons.
(b) Export marks. In addition to the marks referred to in paragraph
(a) of this section, the proprietor must include the marks required by
part 28 of this chapter on cases removed for export, for transfer to
any customs bonded warehouses, for transfer to foreign trade zones, or
for use as supplies on certain vessels and aircraft.
(c) Other marks. A proprietor may include other marks on cases
filled in processing in addition to the marks prescribed under this
section. Any additional marks must not interfere with, or detract from,
the marks prescribed in this section. The proprietor may include other
marks such as:
(1) The name or trade name, and the location if desired, of the
bottler, displayed with the word ``Bottler'';
(2) For products distilled or processed by the proprietor, the
proprietor's name or trade name, and the location of the distilled
spirits plant, if desired, displayed with the words ``Distiller'' or
``Processor'', as applicable;
(3) For products imported and bottled by the proprietor, the words
``Imported and Bottled By'', followed by the proprietor's name or trade
name and location of the distilled spirits plant if desired;
(4) For products bottled for a dealer, the words ``Bottled For'',
followed by the name of that dealer;
(5) Any material required by Federal or State law and regulations;
and
(6) Labels or data describing the contents for commercial
identification or accounting purposes or indicating payment of State or
local taxes.

(26 U.S.C. 5066, 5206)

Sec. 19.490 Numbering of packages and cases filled in processing.

(a) Packages of spirits and denatured spirits filled during
processing operations. When a proprietor fills packages of spirits and
denatured spirits during processing, the proprietor must identify the
packages consecutively beginning with ``1'' and continuing the series
until the number ``1,000,000'' is reached, except that any series of
such numbers already in use may be continued to that limit. When the
identification in any series reaches ``1,000,000'', the proprietor may
begin a new series with ``1'' but must add an alphabetical prefix or
suffix to the new series number. For example, the first identifier in
the second series of 1,000,000 packages filled might be ``1A'' or
``A1''.
(b) Cases containing bottles or other containers of spirits and
denatured spirits. When a proprietor fills cases containing bottles or
other containers of spirits and denatured spirits during processing,
the proprietor must identify the cases consecutively beginning with
``1'' and continuing the series until the number ``1,000,000'' is
reached, except that any series of such numbers already in use may be
continued to that limit. When the identification in any series reaches
``1,000,000'', the proprietor may begin a new series with ``1''. This
series of identifiers for cases containing bottles or other containers
must be distinct from the series of serial numbers required for
packages under paragraph (a) of this section.
(c) Additional identification. A proprietor may establish separate
series of identifiers, distinguished from each

[[Page 9146]]

other by the use of alphabetical prefixes or suffixes, to identify the
size of bottles, the brand names, or other information, on written
notice to the appropriate TTB officer. The proprietor must identify
remnant cases by placing the identifier of the last full case followed
by the letter ``R'' on the remnant case. When there is a change in the
name, or trade name of the proprietor, all series in use may be
continued. However, if there is a change in proprietorship, a new
series must be commenced.
(d) Alternative marking for spirits for industrial use. A
proprietor may mark packages and cases of spirits for industrial use,
including denatured spirits, filled in processing with the lot
identification numbers specified in Sec. 19.485 instead of using the
identifiers specified in paragraphs (a), (b) and (c) of this section.

(26 U.S.C. 5206)

Sec. 19.491 Marks on containers of specially denatured spirits.

(a) General. A proprietor must mark or label each package, case, or
encased container of specially denatured spirits filled on bonded
premises to show:
(1) The quantity in gallons;
(2) The serial number or lot identification number;
(3) The plant number of the proprietor;
(4) The designation or abbreviation of the specially denatured
spirits by kind (alcohol or rum);
(5) The applicable formula number; and
(6) The proof of the spirits, if they were denatured at other than
190[ordm] proof.
(b) Bottles. A proprietor must mark or label each bottle to show
the information prescribed in paragraphs (a)(1), (3), (4), (5), and (6)
of this section.
(c) Alternate formulations. When spirits are denatured under a
formula authorizing a choice of types and quantities of denaturants,
the proprietor must mark the container or case to show the actual types
and quantities of denaturants used.

(26 U.S.C. 5206)

Sec. 19.492 Marks on containers of completely denatured alcohol.

Except in the case of completely denatured alcohol transported by
pipelines and bulk conveyances, a proprietor must mark each container
of completely denatured alcohol on the head of the package or on the
side of the can or carton with:
(a) The name of the proprietor who filled the containers;
(b) The plant number where the container was filled;
(c) The container's contents in wine gallons;
(d) The apparent proof;
(e) The words ``Completely Denatured Alcohol''; and
(f) The applicable formula number.

(26 U.S.C. 5206)

Sec. 19.493 Caution label for completely denatured alcohol.

A proprietor must place a label containing the words ``Completely
Denatured Alcohol'' and the statement ``Caution--contains poisonous
ingredients'' on each container of completely denatured alcohol
containing five gallons or less that is sold or offered for sale. The
label must be written in plain, legible letters. The proprietor may
print the name and address of the denaturer on such label, but may not
include any other nonessential matter on the label without approval
from the appropriate TTB officer. The word ``pure'' may not appear on
the label or the container.

(26 U.S.C. 5206)

Sec. 19.494 Additional marks on portable containers.

(a) In addition to the other marks prescribed in this part, a
proprietor must mark portable containers of spirits or denatured
spirits (other than bottles enclosed in cases) that will be withdrawn
from the bonded premises as follows:
(1) Without payment of tax, for export, for transfer to customs
manufacturing bonded warehouses, for transfer to foreign trade zones,
or as supplies for certain vessels and aircraft, in accordance with the
provisions in part 28 of this chapter; or
(2) If tax-free, with the word ``Tax-Free.''
(b) A proprietor may show other optional information such as brand
or trade name; a caution notice, or other information required by
Federal, State, or local law or regulations; wine or proof gallons; and
plant control data. However, any such mark must not conceal, obscure,
interfere with, or conflict with the markings required by this subpart.

(26 U.S.C. 5206)

Sec. 19.495 Marks on bulk conveyances.

(a) A proprietor must securely attach a label identifying each
conveyance or compartment to the route board, or to another equivalent
device, for each bulk conveyance used to transport spirits or denatured
spirits setting forth the following information:
(1) The name, plant number, and location of the consignor;
(2) The name, distilled spirits plant number, permit number, or
registry number (as applicable), and the location of the consignee;
(3) The date of shipment;
(4) The quantity (proof gallons for spirits, wine gallons for
denatured spirits); and
(5) The formula number for denatured spirits.
(b) If the conveyance is accompanied by documentation containing
the information specified in paragraph (a) of this section, the
proprietor is not required to label each conveyance or compartment.
(c) Export shipments must conform to the requirements of part 28 of
this chapter.

(26 U.S.C. 5206)

Sec. 19.496 Cases of industrial alcohol.

(a) Mandatory marks. A proprietor must mark each case and each
encased container of alcohol bottled for industrial use under the
provisions of subpart N of this part to show the following information:
(1) The designation ``Alcohol'';
(2) The serial number or lot identification number;
(3) The distilled spirits plant number of the proprietor;
(4) The proof;
(5) The proof gallons;
(6) The designation ``Tax-Free''; and
(7) Any information required by part 28 of this chapter, for cases
that are withdrawn for export, transferred to customs bonded
warehouses, transferred to foreign trade zones, or are for use on
vessels and aircraft.
(b) Other marks. A proprietor may mark cases of industrial alcohol
with other marks, provided that they do not interfere with, or detract
from, mandatory case marks in the manner permitted under Sec. 19.489.

(26 U.S.C. 5206, 5235)

Sec. 19.497 Obliteration of marks.

Except as otherwise provided in Sec. 19.487(b), the marks required
to be placed on any container or case under this part must not be
destroyed or altered before the container or case is emptied.

(26 U.S.C. 5206)

Sec. 19.498 Relabeling and reclosing off bonded premises.

The proprietor of a distilled spirits plant may relabel, affix
brand labels, or reclose bottled taxpaid spirits on wholesale liquor
dealer premises or at a taxpaid storeroom on, contiguous to, adjacent
to, or in the immediate vicinity of the proprietor's distilled spirits
plant,

[[Page 9147]]

provided that the wholesale liquor dealer premises or taxpaid storeroom
is operated in connection with the distilled spirits plant. If products
relabeled under this section were originally bottled by another
proprietor, the relabeling proprietor must have on file a statement
from the original bottler consenting to the relabeling.

(26 U.S.C. 5201)

Sec. 19.499 Authorized abbreviations to identify marks.

In addition to the other abbreviations and symbols authorized under
this part for use in marking containers, a proprietor may use the
following abbreviations to identify the following marks:

------------------------------------------------------------------------
Mark Abbre- viation
------------------------------------------------------------------------
Completely Denatured Alcohol................. CDA
Gallon or Wine Gallon........................ WG
Gross Weight................................. G
Proof........................................ P
Specially Denatured Alcohol.................. SDA
Specially Denatured Rum...................... SDR
Tare......................................... T
Tax Determined............................... TD
Wine Spirits Addition........................ WSA
------------------------------------------------------------------------

(26 U.S.C. 5206)

Subpart T--Liquor Bottle, Label, and Closure Requirements

Authorized Liquor Bottles

Sec. 19.511 Bottles authorized.

Each liquor bottle for nonindustrial distilled spirits for domestic
use must conform to a bottle size specified in the standards of fill
set forth in subpart E of part 5 of this chapter. This rule applies to
liquor bottles intended for distribution in both interstate and
intrastate commerce.

(26 U.S.C. 5301)

Sec. 19.512 Bottles not constituting approved containers.

A proprietor may not use any liquor bottle that the appropriate TTB
officer finds is misleading within the meaning of Sec. 5.46 of this
chapter. Misleading liquor bottles do not constitute approved
containers for the purposes of this part, and a proprietor may not use
them for packaging distilled spirits for domestic purposes.

(26 U.S.C. 5301)

Sec. 19.513 Distinctive liquor bottles.

(a) Application. A proprietor must submit form TTB F 5100.31,
Application for and Certification/Exemption of Label/Bottle Approval,
to the appropriate TTB officer in order to obtain approval to use
domestic liquor bottles of distinctive shapes or designs. The
proprietor must certify as to the total capacity of a representative
sample bottle before closure (expressed in milliliters) on each copy of
the form. In addition, the proprietor must affix a readily legible
photograph (showing both front and back of the bottle) to the front of
each copy of TTB F 5100.31 along with the label(s) to be used on the
bottle. The proprietor must submit to TTB an actual bottle or accurate
model only when specifically requested to do so.
(b) Approval. The appropriate TTB officer will approve a
distinctive liquor bottle on a properly completed TTB F 5100.31 if the
bottle is found to:
(1) Meet the requirements of part 5 of this chapter;
(2) Be distinctive;
(3) Be suitable for its intended purpose;
(4) Not jeopardize the revenue; and
(5) Be not misleading to the consumer.
(c) Retention. A proprietor must keep on file at his premises a
copy of the complete approved TTB F 5100.31 for the distinctive liquor
bottle.
(d) Cross reference. For procedures regarding issuance, denial and
revocation of distinctive liquor bottle approvals, as well as appeal
procedures, see part 13 of this chapter.

(26 U.S.C. 5301)

Labeling Requirements

Sec. 19.516 Certificate of label approval or exemption.

A proprietor must obtain a certificate of label approval or an
exemption from label approval under part 5 of this chapter on form TTB
F 5100.31 for any label that the proprietor will use on bottles of
spirits for domestic use. Upon request by the appropriate TTB officer,
the proprietor must provide evidence of label approval, or of exemption
from label approval, for a label used on a bottle of spirits for
domestic use. For procedures regarding the issuance, denial and
revocation of certificates of label approval and certificates of
exemption from label approval, as well as appeal procedures, see part
13 of this chapter.

(26 U.S.C. 5201)

Sec. 19.517 Statements required on labels under an exemption from
label approval.

If a proprietor bottles spirits for domestic use under a
certificate of exemption from label approval on form TTB F 5100.31, the
following information must appear on the label used on the bottle, in
the manner indicated:
(a) Brand name. The brand name on the label must conform to the
requirements of Sec. 5.34 of this chapter;
(b) Kind. The class and type of the spirits identified on the label
must conform to the requirements of Sec. 5.35 of this chapter;
(c) Alcohol content. The alcohol content on the label must conform
to the requirements of Sec. 5.37(a) of this chapter;
(d) State of distillation. In the case of whisky, the state of
distillation statement on the label must conform to the requirements of
Sec. 5.36(d) of this chapter;
(e) Net contents. The label must show the net contents, unless the
statement of net contents is permanently marked on the side, front, or
back of the bottle;
(f) Name and address of bottler. The name and address of the
bottler must conform to the requirements of Sec. 19.518;
(g) Age of whisky containing no neutral spirits. In the case of
whisky containing no neutral spirits, statements of age and percentage
by volume on the label must conform to the requirements of Sec. 5.40
of this chapter;
(h) Age of whisky containing neutral spirits. In the case of whisky
containing neutral spirits, the label must state the age of the whisky
or whiskies and the respective percentage by volume of whisky or
whiskies and neutral spirits in accordance with Sec. 5.40 of this
chapter;
(i) Age of brandy. In the case of brandy aged for a period of less
than two years, the label must state the age.
(j) Presence of neutral spirits or coloring, flavoring, or blending
material. The label must indicate the presence of neutral spirits or
coloring, flavoring, or blending material in accordance with Sec. 5.39
of this chapter; and
(k) Country of origin. Labels of imported spirits must state the
country of origin in substantially the following form: ``Product of --
----------,'' with the blank filled in with the name of the country of
origin.

(26 U.S.C. 5201)

Sec. 19.518 Name and address of bottler.

In setting forth the name and address of the bottler required by
Sec. 19.517(f), the label must contain the words ``Bottled by'',
``Packed by'', or ``Filled by'' followed immediately by the name (or
trade name) of the bottler and the place where the bottling takes
place. If the bottler is the proprietor of more than one distilled
spirits plant engaged in bottling operations, the label may include the
addresses of all such plants immediately following the name (or trade
name) of the bottler. The following additional rules apply to name and
address labeling under this section:

[[Page 9148]]

(a) Where distilled spirits are bottled by or for the distiller of
the spirits, the label may state, in lieu of the words ``Bottled by'',
``Packed by'', or ``Filled by'', followed by the bottler's name (or
trade name) and address or addresses, the words ``Distilled by'',
followed immediately by the name (or trade name) under which the
particular spirits were distilled, or by any trade name shown on the
distiller's permit covering the premises where the particular spirits
were distilled, and the address (or addresses) of the distiller;
(b) Where ``straight whiskies'' of the same type produced in the
same State by two or more different distillers are combined (either at
time of bottling or at a warehouseman's bonded premises for further
storage) and are subsequently bottled and labeled as ``straight
whisky'', that ``straight whisky'' must be labeled as provided in the
introductory paragraph of this section. However, where that combined
``straight whisky'' is bottled by or for the distillers of the
whiskies, the label may contain, in lieu of the wording specified in
that introductory paragraph, the words ``Distilled by'', followed
immediately by the name (or trade name) of each distiller that
distilled a portion of the ``straight whisky'', the address of each of
the distilled spirits plants where a portion of the ``straight whisky''
was distilled, and the percentage of ``straight whisky'' distilled by
each distiller (with a tolerance of plus or minus 2 percent). In
addition, where ``straight whisky'' is made up of a mixture of
``straight whiskies'' of the same type distilled at two or more
distilled spirits plants of the same proprietor located within the same
State, and where that ``straight whisky'' is bottled by or for that
proprietor, the label for the ``straight whisky'' may contain, in lieu
of the wording specified in the introductory paragraph of this section,
the words ``Distilled by'' followed by the name (or trade name) of the
proprietor and the address of each of the distilled spirits plants that
distilled a portion of the ``straight whisky'';
(c) Where distilled spirits are bottled by or for the proprietor of
a distilled spirits plant, the label may state, in lieu of the words
``Bottled by'', ``Packed by'', or ``Filled by'' followed by the
bottler's name (or trade name) and address, the words ``Blended by'',
``Made by'', ``Prepared by'', ``Manufactured by'', or ``Produced by''
(whichever is appropriate to the process involved), followed by the
name (or trade name) and the address (or addresses) of the distilled
spirits plant proprietor;
(d) In the case of labels of distilled spirits bottled for a
retailer or other person who is not the proprietor of the distilled
spirits plant where the distilled spirits were distilled, the label may
also state the name and address of that retailer or other person,
preceded immediately by the words ``Bottled for'', ``Distributed by'',
or other similar statement; and
(e) The label may state the address of the proprietor's principal
place of business in lieu of the place where the bottling, distilling
or processing operation occurred, provided that the address where the
bottling, distilling, or other operation occurred is indicated by
printing, coding, or other markings, on the label or on the bottle. The
coding system employed must permit TTB to determine where the operation
stated on the label occurred. Prior to using such a label or bottle
coding system, the proprietor must send a notice to the appropriate TTB
officer explaining the coding system.

(26 U.S.C. 5201)

Sec. 19.519 Labels for export spirits.

(a) Required information. If a proprietor bottles spirits for
export, the bottles must have a securely affixed label showing:
(1) The kind (class and type) of spirits;
(2) The percentage of alcohol by volume (ABV) of the spirits;
(3) The net contents, unless the markings on the bottle indicate
such contents; and
(4) The name (or trade name) of the bottler.
(b) Additional information. The bottler may place additional
information on the export label if it is not inconsistent with the
information required under paragraph (a) of this section.
(c) Language. The export label information may appear in the
language of the country to which the spirits are to be exported
provided that the proprietor maintains on file an English translation
of that information. The export label may state the net contents and
percentage of alcohol by volume in the units of measurement of the
foreign country, provided that the proprietor maintains a record of the
equivalent units as required for labels of spirits bottled for domestic
consumption.
(d) Waiver. The appropriate TTB officer may waive the requirement
to show any information required by this section, other than the kind
of spirits, upon a showing that the country to which the spirits are to
be exported prohibits the showing of such information. In regard to
kind (class and type) of spirits, the appropriate TTB officer may waive
the designation required by Sec. 5.22 of this chapter, only to the
extent that the label need not bear the word ``diluted'' for distilled
spirits bottled below the minimum bottling proof, and provided that
this is in accordance with the rules of the country to which the
product is to be exported.

(26 U.S.C. 5201, 5301)

Sec. 19.520 Spirits for shipment to Puerto Rico.

Spirits removed for shipment to Puerto Rico with benefit of
drawback or without payment of tax in accordance with part 28 of this
chapter are subject to the provisions of part 5 of this chapter in
regard to labeling and standards of fill for bottles.

(26 U.S.C. 5201)

Closure Requirements

Sec. 19.523 Affixing closures.

Each bottle or other container of spirits having a capacity of one
gallon (3.785 liters) or less must have a closure or other device
securely affixed to the container prior to withdrawal from bond or
customs custody. The closure or other device must be constructed in
such a manner as to require breaking in order to gain access to the
contents of the container.

(26 U.S.C. 5301)

Sec. 19.525 Reclosing.

A proprietor may reclose bottles of distilled spirits filled on
bonded premises as provided in subpart N of this part. A proprietor may
also reclose bottles of distilled spirits to which closures or other
devices have been affixed as provided in Sec. 19.498.

(26 U.S.C. 5215)

Subpart U--[Reserved]

Subpart V--Records and Reports

General Rules for Records

Sec. 19.571 Records in general.

Each proprietor of a distilled spirits plant must maintain records
that accurately reflect the operations and transactions occurring at
the plant. This subpart specifies the types of records that a
proprietor must maintain. In general, a proprietor is responsible for
recording activities and transactions related to the three primary
operational accounts at a plant: production, storage, and processing. A
proprietor's records must show receipts in each account, movement from
one account to another, transfers in bond, and withdrawals of spirits,
denatured spirits, articles, or wines. The types of records that a
proprietor must keep include:

[[Page 9149]]

(a) All individual transaction forms, records, and summaries that
are specifically required by this part;
(b) All supplemental, auxiliary, and source data that a proprietor
uses to compile required forms, records, and summaries, and to prepare
reports, returns and claims; and
(c) Copies of notices, reports, returns, and approved applications
and other documents relating to operations and transactions.

(26 U.S.C. 5207)

Sec. 19.572 Format of records.

As a general rule, the provisions of this subpart do not require
proprietors to keep their records in any particular format or medium.
For example, a proprietor may keep required records on paper, on
microfilm or microfiche, or on a computer or other electronic medium,
so long as the records are readily retrievable in hardcopy format for
review by TTB officers as necessary. The required records may consist
of documents created in the ordinary course of business, rather than
documents created expressly to meet the requirements of this part,
provided that those documents:
(a) Contain all of the relevant information required under this
part;
(b) Are consistent with the general standards of clarity and
accuracy; and
(c) Can be readily understood by TTB personnel.

(26 U.S.C. 5207)

Sec. 19.573 Location of required records.

A proprietor may keep the records required by this part at the
distilled spirits plant where operations or transactions occur or at a
central recordkeeping location maintained by the proprietor. If a
proprietor keeps the required records at any location other than the
distilled spirits plant where operations or transactions occur, the
proprietor must provide a letterhead notice to the Director, National
Revenue Center, of the location where the records are kept.

(26 U.S.C. 5207)

Sec. 19.574 Availability of records.

The records required by this part must be available for inspection
by the appropriate TTB officer during normal business hours. If a
proprietor keeps the records at a location other than the distilled
spirits plant where operations or transactions occur, the proprietor
upon request must make them available at the distilled spirits plant
premises undergoing a TTB audit or inspection. The records must be
produced within two days of the request except that data accumulated on
cards, tapes, discs, or other accepted record media must be retrievable
within five business days. Applicable data processing programs must be
made available for examination if requested by any authorized TTB
officer.

(26 U.S.C. 5207)

Sec. 19.575 Retention of records.

A proprietor must retain any records required by this part for a
period of not less than three years from the date of the record or the
date of the last entry required to be made, whichever is later.
However, the appropriate TTB officer may require a proprietor to keep
records for an additional period not exceeding three years in any case
where such retention is deemed appropriate for the protection of the
revenue.

(26 U.S.C. 5207)

Sec. 19.576 Preservation of records.

A proprietor must maintain required records in a manner that will
ensure their readability and availability for inspection. Whenever the
condition of any record will render it unsuitable for its intended or
continued use, the proprietor must create an accurate and legible
reproduction of the original record. TTB will treat the reproduced
record as an original record, and all of the provisions of law that
would apply to the original record also will apply to the reproduced
record.

(26 U.S.C. 5207, 5555)

Sec. 19.577 Documents that are not records.

The term ``records'' as used in this subpart does not include
qualifying documents required under subpart D of this part, or bonds
required under subpart F of this part. Approved active formulas, plant
registrations and similar records are permanent in nature and must be
maintained in a permanent file.

(26 U.S.C. 5207)

Sec. 19.578 Financial records and books of account.

See Sec. 70.22 of this chapter for information regarding TTB
examination of financial records and books of account.

(26 U.S.C. 7602)

Sec. 19.580 Time for making entries in records.

(a) Daily record entries. A proprietor must make entries required
by this part in records on a daily basis for each transaction or
operation and not later than the close of the next business day after
the transaction or operation occurred. However, if a proprietor
prepares supplemental or auxiliary records when an operation or
transaction occurs and those records contain all of the required
information, the proprietor may make entries into the daily records not
later than the close of business on the third business day following
the day on which the transaction or operation occurred.
(b) Tax records. A proprietor must enter the tax determination and
the taxable removal of distilled spirits in the proprietor's records on
the day on which tax determination and taxable removal occurs.

(26 U.S.C. 5207)

Sec. 19.581 Details of daily records.

The daily records required by this part must include the following
information:
(a) The date of each operation or transaction;
(b) For spirits, the kind and the quantity in proof gallons;
(c) For denatured spirits, the formula number and the quantity in
wine gallons;
(d) For distilling materials produced on the premises, the kind and
the quantity in wine gallons. For chemical byproducts containing
spirits, articles, spirits residues, and distilling material received
on the premises, the kind, the percent of alcohol by volume, and the
quantity in wine gallons;
(e) For wines, the kind, the quantity in wine gallons and the
percent of alcohol by volume;
(f) For alcoholic flavoring materials, the kind, formula number (if
any), and the quantity in proof gallons;
(g) For containers (other than those bearing lot identification
numbers) or cases, the type, serial number, and the number of
containers (including identifying marks on bulk conveyances), or cases.
However, a proprietor may withdraw spirits in cases without recording
the serial numbers of the cases, unless the appropriate TTB officer
requires such recording. A proprietor must record package
identification numbers, number of packages, and proof gallons per
package on deposit records in the storage account reflecting production
gauges or filling of packages from tanks; however, the proprietor need
show only the lot identification, number of packages, and proof gallons
per package for transactions in packages of spirits unless package
identification numbers are specifically required by this part;
(h) For materials intended for use in the production of spirits,
the kind and the quantity, with liquids recorded in gallons and other
nonliquid materials recorded by weight;

[[Page 9150]]

(i) For each receipt or removal of material, spirits, denatured
spirits, articles, spirits residues, and wine, the name and address of
the consignee or consignor, and, if any, the plant number or industrial
use permit number of such person;
(j) The serial number of any tank used;
(k) On the transaction record, the rate of duty paid on imported
spirits;
(l) Identification of imported spirits, spirits from Puerto Rico,
and spirits from the Virgin Islands, or a showing that a distilled
spirits product contains such spirits; and
(m) Identification of spirits that are to be used exclusively for
fuel use.

(26 U.S.C. 5207)

Sec. 19.582 Conversion from metric to U.S. units.

When liters are converted to wine gallons, the proprietor must
multiply the quantity in liters by 0.264172 to determine the equivalent
quantity in wine gallons. If cases contain the same quantity of spirits
of the same proof in metric bottles, the proprietor must convert the
cases to U.S. units by multiplying the liters in one case by the number
of cases to be converted, as follows:
(a) If the conversion from liters to U.S. units is made before
multiplying by the number of cases, the quantity in U.S. units must be
rounded to the sixth decimal; or
(b) If the conversion is made after multiplying by the number of
cases, the quantity in U.S. units must be rounded to the nearest
hundredth. Once converted to wine gallons, the proprietor must
determine the proof gallons of spirits in cases as provided in Sec.
30.52 of this chapter.

(26 U.S.C. 5201)

Production Records

Sec. 19.584 Materials for the production of distilled spirits.

A proprietor must maintain daily records of materials produced or
received for, or used in, the production of distilled spirits. This
includes records covering:
(a) Receipt and use of fermenting material or other nonalcoholic
materials for the production of distilled spirits;
(b) Receipt and use of spirits, denatured spirits, articles, and
spirits residues for redistillation;
(c) Distilling materials produced, received for production, and
used in the production of distilled spirits;
(d) Receipt of beer from brewery premises without payment of tax,
and receipt of beer removed from brewery premises upon determination of
tax as authorized by 26 U.S.C. 5222(b);
(e) Distilling material destroyed in, or removed from the premises
before distillation, including residue of beer returned to the
producing brewery;
(f) The quantity of fusel oils or other chemicals removed from the
production system, including the disposition thereof, with the name of
the consignee, if any, together with the results of alcohol content
tests performed on those fusel oils or chemicals; and
(g) The kind and quantity of distillates removed from the
production system pursuant to Sec. 19.307.

(26 U.S.C. 5207)

Sec. 19.585 Production and withdrawal records.

(a) Production of spirits. The following rules apply to the
maintenance of production records:
(1) A proprietor must maintain daily production account records of
the kind and quantity of distilled spirits produced. The records must
show the gauge of spirits in each receiving tank and the production
gauge (in proof gallons) of spirits removed from each tank. If packages
are filled according to the production gauge for immediate withdrawal
from bond, the proprietor must record the details of the individual
packages filled;
(2) A proprietor must maintain daily records of spirits lost or
destroyed prior to the production gauge; and
(3) A proprietor must maintain production account records in a
manner that will ensure the tracing of spirits through the distilling
system to the mash or other material from which the spirits were
produced and that will clearly establish the identity of the spirits.
(b) Withdrawals from production. A proprietor must maintain daily
records of the distilled spirits withdrawn from the production account.
This includes withdrawals for:
(1) Taxpayment;
(2) Use of the United States;
(3) Hospital, scientific or educational use;
(4) Export;
(5) Transfer to a foreign trade zone;
(6) Transfer to customs bonded manufacturing warehouse;
(7) Use as supplies on vessels and aircraft;
(8) Use in wine production;
(9) Transfer in bond to other bonded premises;
(10) Transfer to storage operations;
(11) Transfer to processing operations; and
(12) Research, development, or testing.

(26 U.S.C. 5207)

Sec. 19.586 Byproduct spirits production records.

Each proprietor who manufactures substances other than spirits in a
process that produces spirits as a byproduct must maintain daily
production records of:
(a) The kind and quantity of materials received and used in
production;
(b) The kind and quantity of spirits produced and disposed of; and
(c) The kind and quantity of other substances produced.

(26 U.S.C. 5207)

Storage Records

Sec. 19.590 Storage operations.

(a) Receipts. A proprietor must maintain daily records of the kind
and quantity of distilled spirits or wines received in the storage
account. The proprietor must use copies of gauge records, transfer
records, and tank records of wines or spirits to record spirits or
wines received into storage. Receipts into storage include:
(1) Receipts of spirits or wines for deposit into storage;
(2) Receipts by transfer in bond;
(3) Receipts of spirits from customs custody; and
(4) Receipts of spirits returned to bond.
(b) Storage activities. A proprietor must maintain daily records of
the activities and operations within the storage account at the plant,
including records regarding:
(1) The mingling of spirits;
(2) Spirits in tanks;
(3) Spirits or wines filled into packages from tanks and retained
for storage;
(4) Spirits of less than 190[deg] of proof or wines transferred
from one tank to another;
(5) The transfer of spirits or wine from one package to another;
and
(6) The addition of oak chips to spirits and the addition of
caramel to brandy or rum.
(c) Withdrawals from storage. A proprietor must maintain daily
records of the kind and quantity of distilled spirits or wines
withdrawn from the storage account, including records regarding:
(1) Taxpayment;
(2) Use by the United States;
(3) Hospital, scientific or educational use;
(4) Export;
(5) Transfer to a foreign trade zone;
(6) Transfer to a customs bonded manufacturing warehouse;
(7) Use as supplies on vessels and aircraft;

[[Page 9151]]

(8) Transfer to a bonded winery;
(9) Transfer to a customs bonded warehouse;
(10) Use for research, development, or testing;
(11) Transfer to processing operations;
(12) Transfer to production operations;
(13) Transfer in bond to other bonded premises;
(14) Destruction; and
(15) Loss.

(26 U.S.C. 5207)

Sec. 19.591 Package summary records.

(a) General. A proprietor must keep current summary records for
each kind of spirits or wine in packages that show the spirits or wine
deposited in, withdrawn from, and remaining in, the storage account. A
proprietor must keep separate records for domestic spirits, imported
spirits, Virgin Islands spirits, Puerto Rican spirits, and wine. A
proprietor may keep package records for spirits according to the season
or the year in which the packages were filled with spirits.
(b) Arrangement of records. The proprietor must prepare and arrange
separately package summary records:
(1) For domestic spirits, alphabetically by State and by the plant
number and name of the producer or warehouseman;
(2) For imported spirits, alphabetically by the country of origin
and by the name of the producer;
(3) For Puerto Rican or Virgin Islands spirits, by the name of the
producer in Puerto Rico or the Virgin Islands; and
(4) For wine, by the kind and the tax rate imposed by 26 U.S.C.
5041.
(c) Details of records. Package summary records must show the
following details:
(1) The date on which each of the summarized transactions occurred;
(2) For spirits, the number of packages and the proof gallons
covered by the summary record;
(3) For wine, the number of packages and the wine gallons covered
by the summary record;
(4) Any gains or shortages disclosed by inventory or when an
account is closed; and
(5) The gallon balances on summary records for spirits and wines
remaining in the account at the end of each month.
(d) Consolidation. A proprietor must consolidate package summary
records at the end of each month, or for lesser periods when required
by the appropriate TTB officer, to show, for all types of containers
and kinds of spirits, the total proof gallons received in, withdrawn
from, and remaining in the storage account.

(26 U.S.C. 5207)

Sec. 19.592 Tank record of wine and spirits of less than 190[deg] of
proof.

A proprietor must keep a record for each tank (including each bulk
conveyance) containing wine or spirits of less than 190[deg] of proof.
The record must show deposits into, withdrawals from, and the balance
remaining in, each tank in the storage account. A proprietor must
prepare a new record each time wine or spirits are deposited into an
empty tank and must make entries each day that transactions occur. Tank
records must show the following details:
(a) The identification of the tank;
(b) The tank record serial number, beginning with ``1'' for each
record initiated on or after January 1 of each calendar year;
(c) The date of each transaction;
(d) For spirits, the kind of spirits and, as applicable,--
(1) For domestic spirits, the plant number and name of the
producer, or, for blended rums or brandies, the plant number and name
of the warehouseman;
(2) For imported spirits, the country of origin and the name and
plant number of the warehouseman;
(3) For Puerto Rican or Virgin Island spirits, the name of the
producer;
(4) The number and average proof gallon content of packages of
spirits dumped in the tank, or a notation indicating the deposit of
spirits in the tank by pipeline; and
(5) If subject to age labeling requirements under part 5 of this
chapter, the age of the youngest spirits in years, months and days,
each time that spirits are deposited;
(e) For wine, the kind and the tax rate imposed by 26 U.S.C. 5041;
(f) The wine gallons of wine, or proof gallons of spirits,
deposited into the tank;
(g) The wine gallons of wine, or proof gallons of spirits,
withdrawn from the tank;
(h) Any related transaction form or record and its serial number
for deposits and withdrawals;
(i) The wine gallons of wine, or proof gallons of spirits,
remaining in the tank, recorded at the end of each month; and
(j) Any gain or loss disclosed by inventory or on emptying of the
tank.

(26 U.S.C. 5207)

Sec. 19.593 Tank summary record for spirits of 190[deg] or more of
proof.

(a) General. A proprietor must keep a tank summary record for
spirits of 190[deg] or more of proof held in storage tanks. The record
must show the proof gallons deposited into, withdrawn from, and
remaining in the tanks in the storage account. The proprietor must
prepare a separate tank summary record for each kind of spirits of
190[deg] or more of proof. The proprietor must make an entry for each
day on which a transaction occurs, and the entry must summarize the
individual transactions shown on the deposit records.
(b) Arrangement of records. The proprietor must prepare and arrange
the tank summary records as follows:
(1) For domestic spirits, by the name of the producer or
warehouseman;
(2) For imported spirits, by the name of the warehouseman who
received the spirits from customs custody; and
(3) For spirits from Puerto Rico or the Virgin Islands, by the name
of the producer in Puerto Rico or the Virgin Islands.
(c) Details of records. Tank summary records must show the
following details:
(1) The kind of spirits;
(2) The date of the transactions summarized;
(3) The proof gallons deposited;
(4) The proof gallons withdrawn;
(5) The proof gallons remaining in tanks; and
(6) Any gain or loss disclosed by inventory or on emptying of the
tanks covered by the tank summary record.

(26 U.S.C. 5207)

Processing Records

Sec. 19.596 Processing records in general.

A proprietor who processes spirits must maintain daily records of
transactions and operations in the processing account relating to:
(a) The manufacture of distilled spirits products;
(b) Finished products;
(c) The denaturation of spirits; and
(d) The manufacture of articles.

(26 U.S.C. 5207)

Sec. 19.597 Manufacturing records.

(a) Receipts. A proprietor must maintain daily records of the
spirits, wines, and alcoholic flavoring materials received into the
processing account for the manufacture of distilled spirits products.
Total receipts must be summarized showing the amount of:
(1) Spirits received from storage or production at the same plant;
(2) Spirits received from other plants by transfer in bond;
(3) Spirits received from customs custody;
(4) Spirits received by return to bond;
(5) Wines received from the storage at the same plant;
(6) Wines received by transfer in bond; and

[[Page 9152]]

(7) Alcoholic flavoring materials received.
(b) Additional receipt information. The records described in
paragraph (a) of this section must also show the name and plant number
of the producer or processor (or the warehouseman in the case of
blended beverage rums or brandies or spirits of 190[deg] of more of
proof received from storage) for domestic spirits, the name of the
importer and the country of origin for imported spirits, and the name
and address of the producer for wines and alcoholic flavoring
materials.
(c) Usage. A proprietor must maintain daily records of the spirits,
wines, and alcoholic flavoring materials and other ingredients used in
the manufacture of distilled spirits products as provided in Sec.
19.598.
(d) Bottling or packaging. A proprietor must maintain daily records
of the bottling or packaging of each batch of spirits as provided in
Sec. 19.599.
(e) Other dispositions. A proprietor must maintain daily records of
all other dispositions of spirits, wines and alcoholic flavoring
materials, including, but not limited to, records regarding the
following:
(1) Spirits, wines, and alcoholic flavoring materials removed from
the distilled spirits plant premises;
(2) Transfers in bond;
(3) Spirits transferred to the production account for
redistillation;
(4) Redistillation of spirits, including the production of gin or
vodka by other than original and continuous distillation;
(5) Voluntary destruction of spirits or wines; and
(6) Losses of spirits, wines and alcoholic flavoring materials.

(26 U.S.C. 5207)

Sec. 19.598 Dump/batch records.

A proprietor who processes, mixes, or blends spirits in the
processing account must maintain ``dump/batch'' records setting forth
detailed information regarding the processing of the spirits. The dump/
batch records must contain each of the following items of information
that applies to the processing in question:
(a) Serial number of the record or batch number;
(b) Name and distilled spirits plant number of the producer;
(c) Kind and age of the spirits used, together with a notation, if
applicable, that the spirits--
(1) Were treated with oak chips;
(2) Contain added caramel;
(3) Were imported; or
(4) Are from Puerto Rico or the Virgin Islands;
(d) Serial number of the tank or container to which ingredients are
added for use;
(e) Serial or identification number of the tank or container from
which spirits are removed;
(f) Quantity by ingredient of other alcoholic ingredients used,
showing wine in wine gallons, the percentage of alcohol by volume and
proof, and alcoholic flavoring materials in proof gallons;
(g) Serial number of the source transaction record (for example,
the record for spirits previously dumped);
(h) Date of each transaction;
(i) Quantity, by ingredient (other than water), of nonalcoholic
ingredients used;
(j) Formula number;
(k) Quantity of ingredients used in the batch that have been
previously dumped, reported on dump records, and held in tanks or
containers;
(l) Total quantity in proof gallons of all alcoholic ingredients
used;
(m) Identification of each record to which spirits are transferred;
(n) Quantity of each lot transferred;
(o) Date of each transfer;
(p) Total quantity in proof gallons of the product transferred;
(q) Batch gain or loss; and
(r) For each batch to be tax determined in accordance with Sec.
19.247, the effective tax rate.

(26 U.S.C. 5207)

Sec. 19.599 Bottling and packaging records.

A proprietor who bottles or packages spirits must prepare a
``bottling and packaging'' record for each lot of spirits bottled or
packaged. The bottling and packaging record must contain the following
information:
(a) Bottling tank number;
(b) Serial number of the record (beginning with ``1'' at the start
of each calendar or fiscal year);
(c) Formula number (if any) under which the batch was produced;
(d) Serial number of the dump/batch record from which the spirits
were received;
(e) Kind of distilled spirits product (including age, if claimed);
(f) Details of the tank gauge (including proof, wine gallons, proof
gallons, and, if applicable, obscuration);
(g) The date the bottles or packages were filled;
(h) The size of the bottles or packages filled, the number of
bottles per case, and the number of cases or packages filled;
(i) Serial numbers by brand name of the cases or other containers
filled;
(j) Proof of the spirits bottled or packaged (if different from the
proof recorded under paragraph (f) of this section);
(k) Total quantity bottled, packaged, or otherwise disposed of in
bulk;
(l) Losses or gains of the distilled spirits product; and
(m) If labeled as bottled in bond, a statement to that effect.

(26 U.S.C. 5207)

Sec. 19.600 Alcohol content and fill test record.

A proprietor must maintain a record of the results of all tests of
alcohol content and quantity (fill) conducted. The record must include
information that will enable TTB officers to determine whether the
proprietor is complying with the requirements of Sec. 19.356. The
record of alcohol content and fill tests must contain, at a minimum,
the following information:
(a) Date and time of the test;
(b) Bottling tank number;
(c) Serial number of the bottling record;
(d) Bottling line designation;
(e) Size of bottles filled;
(f) Number of bottles tested;
(g) Labeled alcohol content;
(h) Alcohol content found by the test;
(i) Percentage of variation from 100 percent fill; and
(j) Corrective action taken, if any.

(26 U.S.C. 5207, 5555)

Sec. 19.601 Finished products records.

(a) Bottling and packaging. A proprietor must maintain daily
transaction records and a daily summary record of the kind and quantity
of finished products bottled or packaged within the processing account
at the distilled spirits plant. These records must show:
(1) The beginning and ending quantity of bottled or packaged
spirits on hand;
(2) The quantity of spirits bottled or packaged; and
(3) Inventory overages.
(b) Disposition of finished products. A proprietor must also
maintain daily records of the disposition of finished products from the
processing account at the distilled spirits plant. These disposition
records must show any spirits:
(1) Transferred in bond (packages);
(2) Withdrawn tax determined;
(3) Withdrawn free of tax for U.S., hospital, scientific, or
educational use;
(4) Withdrawn without payment of tax for addition to wine;
(5) Withdrawn for exportation, for vessels and aircraft supplies
and for transfer to a customs bonded warehouse;
(6) Transferred to the production account for redistillation;

[[Page 9153]]

(7) Withdrawn for research, development or testing (including
government samples);
(8) Voluntarily destroyed;
(9) Dumped for further processing;
(10) Recorded losses or shortages of finished product; and
(11) Disposed of as samples of the finished product.

(26 U.S.C. 5207)

Sec. 19.602 Redistillation records.

If a proprietor redistills spirits in the processing account (as in
the production of gin or vodka by redistillation), the proprietor must
prepare a record of the redistillation. The record must show the kind
and quantity of the spirits entered into the distilling system and the
kind and quantity of the spirits removed from the distilling system
upon completion of the process.

(26 U.S.C. 5207)

Sec. 10.603 Liquor bottle records.

A proprietor must maintain records of the receipt, use, and
disposition of liquor bottles.

(26 U.S.C. 5207)

Sec. 19.604 Rebottling, relabeling, and reclosing records.

(a) If a proprietor dumps spirits for rebottling, the proprietor
must prepare in accordance with Sec. 19.599 a bottling and packaging
record that covers the rebottling operation.
(b) If a proprietor relabels or recloses bottled products in
accordance with Sec. 19.363, the proprietor must maintain records of
the operation that reflect the following:
(1) The identity of the spirits relabeled or reclosed;
(2) The date of the transaction;
(3) The serial numbers of any cases involved; and
(4) The total number of bottles.

(26 U.S.C. 5207)

Denaturation and Article Manufacture Records

Sec. 19.606 Denaturation records.

(a) General. A processor that is authorized to denature spirits
must maintain daily records of denaturation showing the following
information:
(1) Spirits that are received for, and used in, denaturation;
(2) Spirits, denatured spirits, recovered denatured spirits,
spirits residues, and articles that are redistilled in the processing
account for denaturation;
(3) Kind and quantity of denaturants received and used in
denaturation of spirits or otherwise disposed of;
(4) Conversion of denatured alcohol formulas in accordance with
Sec. 19.392;
(5) Denatured spirits produced, received, stored in tanks, filled
into containers, removed, or otherwise disposed of;
(6) Recovered denatured spirits or recovered articles received,
restored, or redenatured;
(7) Packages of denatured spirits filled, with a separate record
for each formula number and filed in numerical order according to the
serial number or lot identification number of the packages;
(8) Losses of denatured spirits; and
(9) Disposition of denatured spirits.
(b) Record of denaturation. Each time that a proprietor denatures
spirits, the proprietor must prepare a record that shows the formula
number, the tank in which denaturation takes place, the proof gallons
of the spirits before denaturation, the quantity of each denaturant
used (in gallons, or in pounds or ounces), and the wine gallons of
denatured spirits produced.

(26 U.S.C. 5207)

Sec. 19.607 Article manufacture records.

A processor that is authorized to manufacture articles must
maintain daily records arranged by the name and authorized use code of
the article and showing the following:
(a) Quantity, by formula number of denatured spirits used in the
manufacture of the article;
(b) Quantity of each article manufactured; and
(c) Quantity of each article removed, or otherwise disposed of,
including the name and address of the person purchasing or otherwise
disposing of the article.

(26 U.S.C. 5207)

Tax Records

Sec. 19.611 Records of tax determination in general.

(a) Taxable withdrawals. Except as otherwise provided in this part,
a proprietor must gauge and determine the tax on spirits when they are
withdrawn from bond. When spirits are withdrawn from bond, the
proprietor must also prepare a record of the tax determination in
accordance with paragraph (b) of this section.
(b) Form of record. A serially numbered invoice or shipping
document, signed or initialed by an agent or employee of the
proprietor, will constitute the record of tax determination. Although
neither the proof gallons nor the effective tax rate must be shown on
the record of tax determination, each invoice or shipping document must
contain information sufficient to enable TTB officers to determine the
total proof gallons and, if applicable, each effective tax rate and the
proof gallons removed at each effective tax rate. For purposes of this
part, the total proof gallons calculated from each invoice or shipping
document constitutes a single withdrawal.

(26 U.S.C. 5207)

Sec. 19.612 Summary records of tax determinations.

Each proprietor that withdraws distilled spirits on determination
of tax, but before payment of tax, must maintain a daily summary record
of tax determinations. The summary record must show for each day on
which tax determinations occur:
(a) The serial numbers of the records of tax determination, the
total proof gallons rounded to the nearest tenth proof gallon on which
tax was determined at each effective tax rate, and the total tax; or
(b) The serial numbers of the records of tax determination, the
total tax for each record of tax determination, and the total tax.

(26 U.S.C. 5207)

Sec. 19.613 Average effective tax rate records.

(a) Daily record. For each distilled spirits product to be tax
determined using an average effective tax rate in accordance with Sec.
19.249, the proprietor must prepare a daily summary record showing:
(1) The serial number of the batch record of each batch of the
product that will be bottled or packaged, in whole or in part, for
domestic consumption;
(2) The proof gallons in each such batch derived from distilled
spirits, eligible wine, and eligible flavors; and
(3) The tax liability of each such batch determined as follows--
(i) Proof gallons of all distilled spirits (exclusive of distilled
spirits derived from eligible flavors), multiplied by the tax rate
prescribed in 26 U.S.C. 5001;
(ii) Wine gallons of each eligible wine, multiplied by the tax rate
which would be imposed on the wine under 26 U.S.C. 5041(b)(1), (2), or
(3) but for its removal to bonded premises; and
(iii) Proof gallons of all distilled spirits derived from eligible
flavors, to the extent that those distilled spirits exceed 2.5 percent
of the proof gallons in the product, multiplied by the tax rate
prescribed in 26 U.S.C. 5001.
(b) Monthly records. At the end of each month during which the
product is manufactured, the proprietor must:
(1) Determine the total proof gallons and total tax liability for
each summary record prescribed by paragraph (a) of this section;

[[Page 9154]]

(2) Add the sums derived under paragraph (b)(1) of this section to
the like sums determined for each of the preceding 5 months; and
(3) Divide the total tax liabilities by the total proof gallons.

(26 U.S.C. 5207)

Sec. 19.614 Inventory reserve records.

(a) General. For each eligible distilled spirits product to be tax
determined in accordance with Sec. 19.250, the proprietor must
establish an inventory reserve account, in accordance with this
section.
(b) Deposit records. For each batch of the bottled or packaged
product, the proprietor must enter into the inventory reserve account a
deposit record, which may be combined with the bottling and packaging
record required by Sec. 19.599, showing:
(1) The name of the product;
(2) The bottling and packaging record serial number;
(3) The date the bottling or packaging was completed;
(4) The total proof gallons bottled and packaged; and
(5) The effective tax rate of the product computed in accordance
with Sec. 19.246.
(c) Depletions. The inventory reserve account for each product must
be depleted in the same order in which the deposit records were entered
into the account. The proprietor must record a depletion for each
disposition (for example, a taxable removal, an exportation, or an
inventory shortage or breakage) by entering on the deposit record:
(1) The transaction date;
(2) The transaction record serial number;
(3) The proof gallons disposed of; and
(4) The proof gallons remaining. If any depletion exceeds the
quantity of product remaining on the deposit record, the proprietor
must deplete the remaining quantity, close the deposit record, and then
deplete the remainder of the transaction from the next deposit record.

(26 U.S.C. 5207)

Sec. 19.615 Standard effective tax rate records.

For each product to be tax determined using a standard effective
tax rate in accordance with Sec. 19.248, a proprietor must prepare a
record of the standard effective tax rate computation showing, for one
proof gallon of the finished product, the following information:
(a) The name of the product;
(b) The least quantity of each eligible flavor that will be used in
the product, in proof gallons, or 0.025 proof gallon, whichever is
less;
(c) The least quantity of each eligible wine that will be used in
the product, in proof gallons;
(d) The greatest effective tax rate applicable to the product,
calculated in accordance with Sec. 19.246 with the values indicated in
paragraphs (a) and (b) of this section; and
(e) The date on which the use of the standard effective tax rate
commenced.

(26 U.S.C. 5207)

Other Required Records

Sec. 19.616 Records of samples.

(a) Required records. A proprietor must maintain records of all
samples taken under Sec. Sec. 19.434 and 19.435. The sample record
must show the:
(1) The date that the samples were taken;
(2) The account from which taken;
(3) The purpose for which taken;
(4) The size and number of samples taken;
(5) The kind of spirits;
(6) The disposition of each sample (for example, destroyed,
returned to containers or the distilling system, retained for library
purposes); and
(7) The name and address of the recipient of the sample if a sample
is to be analyzed or tested elsewhere than at the distilled spirits
plant where taken.
(b) Sample schedule. When a proprietor takes samples pursuant to an
established schedule, the proprietor may maintain the schedule as the
required record if it contains the information required by paragraphs
(a)(2) through (a)(7).

(26 U.S.C. 5207)

Sec. 19.617 Destruction records.

Each time that a proprietor voluntarily destroys spirits, denatured
spirits, articles, or wines, the proprietor must prepare a record of
the destruction that sets forth:
(a) The identification of the spirits, denatured spirits, articles,
or wines, including kind, quantity, elements of gauge, name and permit
number of the producer, warehouseman or processor, and identity and
type of container;
(b) The date, time, place and manner of the destruction;
(c) A statement that the spirits had, or had not, previously been
withdrawn and returned to bond; and
(d) The name and title of any representative of the proprietor who
accomplished or supervised the destruction.

(26 U.S.C. 5207)

Sec. 19.618 Gauge record.

When a gauge record is required by this part, the proprietor must
prepare the gauge record in a manner that shows:
(a) The serial number of the gauge record, which must either:
(1) Commence with ``1'' at the start of each calendar or fiscal
year, or
(2) Be a unique identifying number that is not repeated.
(b) From the following, the applicable circumstances requiring the
gauge--
(1) Production gauge and entry for deposit in the storage or
processing account at the distilled spirits plant where the spirits
were produced;
(2) Packaging of spirits or wine filled from a tank in the storage
account at the same distilled spirits plant;
(3) Transfer from the processing or storage account to the
production account for redistillation;
(4) Repackaging of spirits of 190[deg] or more of proof; or
(5) Gauge on return to bond in production or processing operations
of spirits, denatured spirits, recovered spirits, recovered denatured
spirits, articles, recovered articles, or spirits residues;
(c) The date of the gauge;
(d) Any related form or record (identification, serial number and
date);
(e) The kind of spirits or formula number for denatured spirits;
(f) The proof of distillation (not required for denatured spirits,
spirits for redistillation, or spirits of 190[deg] or more of proof);
(g) When containers are to be filled, the type and number of
containers;
(h) The age of the spirits;
(i) The name and distilled spirits plant number of the producer or
warehouseman; and
(j) The following gauge data--
(1) Package identification, tank number, volumetric or weight gauge
details, proof, and wine gallons;
(2) Cooperage identification (``C'' for charred, ``REC'' for
recharred, ``P'' for plain, ``PAR'' for paraffined, ``G'' for glued, or
``R'' for reused, and ``PS'' if a barrel has been steamed or water
soaked before filling);
(3) Entry proof for whiskey;
(4) Proof gallons per filled package; and
(5) Total proof gallons of spirits or wine gallons of denatured
spirits, recovered denatured spirits, articles, spirits residues, or
wine.

(26 U.S.C. 5207)

Sec. 19.619 Package gauge record.

When this part or part 28 of this chapter requires a proprietor to
gauge

[[Page 9155]]

packages of spirits, the proprietor must prepare a package gauge record
in a manner that shows:
(a) The date the record is prepared;
(b) The identity of the related transaction form or record, and its
serial number;
(c) The name and distilled spirits plant number of the producer or
processor. For blended rums or brandies the proprietor must enter the
name and plant number of the blending warehouseman. For spirits of
190[deg] or more of proof, the proprietor must enter the name and plant
number of the producer or warehouseman, as appropriate and, where the
packages have already been marked, the name and distilled spirits plant
number marked thereon. For imported spirits, the proprietor must enter
the name of the warehouseman who received the spirits from customs
custody and the name of the importer. For Virgin Islands or Puerto
Rican spirits, the proprietor must enter the name of the producer in
the Virgin Islands or Puerto Rico;
(d) The proof of distillation for spirits not over 190[deg] of
proof; and
(e) For each package--
(1) The serial or identification number;
(2) The designation for wooden barrels (``C'' for charred, ``REC''
for recharred, ``P'' for plain, ``PAR'' for paraffined, ``G'' for
glued, ``R'' for reused, and ``PS'' if a barrel has been steamed or
water soaked before filling);
(3) The kind of spirits;
(4) The gross weight determined at the time of the original gauge
or regauge or at the time of shipment;
(5) The present tare on regauge;
(6) The net weight for filling gauge or regauge;
(7) The proof;
(8) The proof gallons for regauge;
(9) The original proof gallons; and
(10) The receiving weights, when a material difference appears on
receipt after transfer in bond of weighed packages.

(26 U.S.C. 5207)

Sec. 19.620 Transfer record--consignor's responsibility.

When this part requires a consignor proprietor to prepare a
transfer record covering spirits, denatured spirits, or wines shipped
in bond from its distilled spirits plant, the transfer record must
include:
(a) The serial number of the transfer record, which must either:
(1) Commence with ``1'' at the start of each calendar or fiscal
year, or
(2) Be a unique identifying number that is not repeated.
(b) The serial number and date of form TTB F 5100.16 (not required
for wine spirits withdrawn without payment of tax for use in wine
production);
(c) The name and distilled spirits plant number of the consignor
proprietor;
(d) The name and distilled spirits plant number or bonded wine
cellar number of the consignee;
(e) The account from which the spirits or wines were removed for
transfer (that is, the production, storage, or processing account);
(f) A description of the spirits, denatured spirits, or wine,
including--
(1) The name and plant number of the producer, warehouseman, or
processor (not required for denatured spirits or wine). For imported
spirits transferred in bond between distilled spirits plants, the
transfer record must show the name and plant number of the warehouseman
or processor who received the spirits from customs custody. For Virgin
Islands or Puerto Rican spirits, the transfer record must show the name
of the producer in the Virgin Islands or Puerto Rico. For spirits of
different producers or warehousemen that have been mixed in the
processing account, the transfer record must show the name of the
processor;
(2) The kind of spirits or wines. For denatured spirits, the
transfer record must show the kind and formula number. For alcohol, the
transfer record must show the material from which it was produced. For
bulk spirits and for alcohol in packages, the transfer record must show
the kind and proof. For other spirits and wines, the transfer record
must show the kind designation as specified in part 4 or part 5 of this
chapter, as appropriate;
(3) The age (in years, months, and days) and year of production;
(4) The number of packages or cases with their lot identification
numbers or serial numbers and dates of fill;
(5) The type of container (if the spirits, denatured spirits or
wines are to be transferred by pipeline, the transfer record must show
``P/L'');
(6) The proof gallons for distilled spirits, or wine gallons for
denatured spirits or wine; and
(7) For distilled spirits products that contain eligible wine or
eligible flavors, the transfer record must show the elements necessary
to compute the effective tax rate as follows--
(i) Proof gallons of distilled spirits (exclusive of distilled
spirits derived from eligible flavors);
(ii) Wine gallons of each eligible wine and the percentage of
alcohol by volume of each; and
(iii) Proof gallons of distilled spirits derived from eligible
flavors;
(g) A notation to indicate when spirits are being transferred in
bond from a production facility to another distilled spirits plant;
(h) The identification of the conveyance;
(i) The identity of the seals, locks, or other devices affixed to
the conveyance or package (permanent seals affixed to a conveyance that
remain intact need not be recorded on the transfer record when a
permanent record is maintained);
(j) The date of transfer; and
(k) The signature and title of the consignor, with a penalty-of-
perjury statement as prescribed in Sec. 19.45.

(26 U.S.C. 5207)

Sec. 19.621 Transfer record--consignee's responsibility.

(a) When a proprietor receives wine by transfer in bond from a
bonded wine cellar as the consignee, that proprietor must complete the
transfer record covering the transfer in accordance with Sec. 24.284
of this chapter.
(b) When a proprietor receives spirits from an alcohol fuel plant
or from customs custody, or receives spirits, denatured spirits, and
wines from the bonded premises of another distilled spirits plant as
the consignee, that proprietor must record the results of the receipt
by including the following on the related transfer record:
(1) The date of receipt;
(2) A notation that the securing devices on the conveyance were, or
were not, intact on arrival (not applicable to denatured spirits or
spirits transferred in unsecured conveyances);
(3) The gauge of spirits, denatured spirits, or wine showing the
tank number, proof (percent of alcohol by volume for wine) and
specifications of the weight or volumetric determination of quantity,
wine gallons or proof gallons received, and any losses or gains;
(4) A notation of any excessive in-transit loss, missing packages,
tampering, or apparent theft;
(5) The account into which the spirits, denatured spirits, or wines
were deposited (that is, production, storage or processing); and
(6) The signature and title of the consignee proprietor, with a
penalty-of-perjury statement as prescribed in Sec. 19.45.
(c) When spirits are transferred from customs custody as provided
in subpart P of this part, the transfer record must contain the
information specified in Sec. 27.138 of this chapter.

(26 U.S.C. 5207)

[[Page 9156]]

Sec. 19.622 Daily records of wholesale liquor dealer and taxpaid
storeroom operations.

(a) General. If a proprietor in connection with plant operations
conducts wholesale liquor dealer operations, or operates a taxpaid
storeroom on, or in the immediate vicinity of, general plant premises,
or operates taxpaid storage premises at another location from which
distilled spirits are not sold at wholesale, that proprietor must
maintain daily records covering the receipt and disposition of all
distilled spirits and wines and all reclosing and relabeling operations
at those premises. The proprietor must keep separate records for each
of those premises.
(b) Receipt and disposition records. The records covering receipt
and disposition of distilled spirits and wines required under paragraph
(a) of this section must show:
(1) The date of the transaction (or date of discovery in the case
of casualty or theft);
(2) The name and address of each consignor or consignee, as the
case may be;
(3) The brand name;
(4) The kind of spirits;
(5) The actual quantity of distilled spirits involved (proof and
proof gallons if in packages, wine gallons or liters and proof if in
bottles);
(6) The package identification or serial numbers of the packages
involved;
(7) The name of the producer; and
(8) The country of origin in the case of imported spirits.
(c) Case dispositions. In addition to the records required under
paragraph (b) of this section, the appropriate TTB officer may, upon
notice, require the proprietor to record the case serial numbers for
dispositions.
(d) Reclosing or relabeling. The records of reclosing and
relabeling required under paragraph (a) of this section must include:
(1) The date of the transaction;
(2) The serial numbers of the cases involved;
(3) The total number of bottles; and
(4) The name of the bottler.

(26 U.S.C. 5114, 5555)

Sec. 19.623 Records of inventories.

(a) General. When conducting an inventory required by this part,
the proprietor must prepare a record of the inventory taken. The record
must include the following:
(1) The date of the inventory;
(2) The identity of the container(s);
(3) The kind and quantity of spirits, denatured spirits, and wines;
(4) Any losses (whether by theft, voluntary destruction or
otherwise), gains or shortages; and
(5) The proprietor's signature, or the signature of the person
taking the inventory, with the penalties of perjury statement as
prescribed in Sec. 19.45.
(b) Overages, gains, or losses. A proprietor must record in the
daily records of operations, tank records, dump/batch records, bottling
and packaging records, or denaturation records, as appropriate, any
overages, gains, or losses disclosed by an inventory.
(c) Retention. A proprietor must retain inventory records and make
them available for inspection by TTB officers.

(26 U.S.C. 5207)

Sec. 19.624 Removal of Puerto Rican and Virgin Islands spirits and
rum imported from all other areas.

(a) General. A proprietor must maintain separate accounts, in proof
gallons, of Puerto Rican spirits having an alcoholic content of at
least 92 percent rum, of Virgin Islands spirits having an alcoholic
content of at least 92 percent rum, and of rum imported from all other
areas removed from the processing account on determination of tax. A
proprietor may determine the quantities of spirits in these categories
that are contained in products mixed in processing with other alcoholic
ingredients by using one of the methods referred to in paragraph (b),
(c), or (d) of this section. The proprietor must report these
quantities on the monthly report of operations referred to in Sec.
19.632.
(b) Standard method. For purposes of maintaining the separate
accounts referred to in paragraph (a) of this section, a proprietor may
determine the quantities of spirits in those specified categories based
on the least amount of those spirits that may be used in each product
as stated in the approved form TTB F 5110.38, Formula for Distilled
Spirits Under the Federal Alcohol Administration Act.
(c) Averaging method. For purposes of the separate accounts
referred to in paragraph (a) of this section, a proprietor may
determine the quantities of spirits in those specified categories by
computing the average quantity of those spirits contained in all
batches of the same product formulation manufactured during the
preceding six-month period. The average must be adjusted at the end of
each month in order to include only the preceding six-month period.
(d) Alternative method. If a proprietor wishes to use a method for
determining the quantities of spirits as an alternative for a method
prescribed in paragraphs (b) or (c) of this section, the proprietor
must file an application with the appropriate TTB officer. The written
application must specifically describe the proposed alternative method
and must explain the reasons for using the alternative method.

(26 U.S.C. 5555, 7652)

Sec. 19.625 Shipping records for spirits and specially denatured
spirits withdrawn free of tax.

(a) General. A proprietor must prepare a shipping record when:
(1) Spirits are withdrawn free of tax in accordance with Sec. Sec.
19.424(a) through (c);
(2) Specially denatured spirits are withdrawn free of tax in
accordance with Sec. Sec. 19.424(d) and 19.427; and
(3) Samples of specially denatured spirits in excess of five
gallons are withdrawn in accordance with Sec. 19.427(c);
(b) Form of record. The shipping record referred to in paragraph
(a) of this section may be any commercial document, such as an invoice
or bill of lading, so long as it reflects the following information:
(1) The name and address of the consignor;
(2) A serial number;
(3) The date of shipment;
(4) The name, address, and permit number of the consignee;
(5) The kind of the spirits;
(6) The proof of the spirits;
(7) The formula number(s), for specially denatured spirits;
(8) The number and size of the shipping containers;
(9) The package identification numbers or serial numbers of the
shipping containers; and
(10) The total wine gallons (specially denatured spirits) or the
total proof gallons (tax-free alcohol).
(c) Disposition of the shipping record. The proprietor must forward
a copy of the shipping record to the company that receives the spirits
and must retain a copy for its files.

(26 U.S.C. 5207)

Sec. 19.626 Records of distilled spirits shipped to manufacturers of
nonbeverage products.

(a) General. When a proprietor ships distilled spirits to a
manufacturer of nonbeverage products, the proprietor must prepare a
record of the shipment, forward the original to the consignee, and
retain a copy.
(b) Form of record. The record of shipment referred to in paragraph
(a) of this section may consist of either the record of tax
determination required by Sec. 19.611 or any other document that
contains the necessary information specified in paragraph (c) of this
section.

[[Page 9157]]

(c) Required information. The record of shipment required under
this section must contain the following information:
(1) The name, address, and registry number of the proprietor;
(2) The date of shipment;
(3) The name and address of the consignee;
(4) The kind, proof, and quantity of distilled spirits in each
container;
(5) The number of shipping containers of each size;
(6) The package identification numbers or serial numbers of the
containers;
(7) The serial number of the applicable record of tax
determination; and
(8) For distilled spirits containing eligible wine or eligible
flavors, the effective tax rate.

(26 U.S.C. 5201, 5207)

Sec. 19.627 Alternating premises record.

When distilled spirits plant bonded premises are alternated to or
from bonded or taxpaid wine, brewery, manufacturer of nonbeverage
products, or general premises, under an approved alternation plan
described in the plant registration, the proprietor must record in a
logbook, or must maintain in commercial records retrievable and
available for TTB inspection upon request, the following information:
(a) The date and hour of the alternation;
(b) The kind of premises being curtailed, including the plant
identification number, if applicable;
(c) The kind of premises being extended, including the plant
identification number, if applicable;
(d) The identity of the special diagrams in the registration
documents depicting the premises before and after the alternation; and
(e) The purpose of the alternation.

(26 U.S.C. 5555)

Filing Forms and Reports

Sec. 19.631 Submission of transaction forms.

When required to submit a transaction form to the appropriate TTB
officer under this part, the proprietor must submit the form no later
than the close of business of the third business day following the day
on which the transaction took place.

(26 U.S.C. 5207)

Sec. 19.632 Submission of monthly reports.

(a) Each proprietor must submit monthly reports of its distilled
spirits plant operations to TTB in accordance with paragraph (b) of
this section. The proprietor must submit the original reports to TTB
and must retain a copy for its records. The required monthly report
forms are as follows:
(1) Monthly Report of Production Operations, form TTB F 5110.40,
except that no report is required when production operations are
suspended as provided in Sec. 19.292;
(2) Monthly Report of Storage Operations, form TTB F 5110.11;
(3) Monthly Report of Processing Operations, form TTB F 5110.28;
and
(4) Monthly Report of Processing (Denaturing) Operations, form TTB
F 5110.43.
(b) Each proprietor must submit the monthly reports specified in
paragraph (a) of this section to the Director, National Revenue Center,
not later than the 15th day of the month following the close of the
reporting period. A proprietor may submit monthly reports in either
paper format or electronically via TTB Pay.gov.

(26 U.S.C. 5207)

Sec. 19.634 Computer-generated reports and transaction forms.

TTB will accept computer-generated reports of operations and
transaction forms made using a computer printer on plain white paper
without preapproval from TTB if they conform to the following
standards:
(a) The computer-generated report or form must approximate the
physical layout of the corresponding TTB report or form, although the
typeface may vary;
(b) The text of the computer-generated report or form including
each line entry, must exactly match the official TTB report or form;
and
(c) Each penalty of perjury statement specified for the TTB report
or form must be reproduced in its entirety.

(26 U.S.C. 5207)

Subpart W--Production of Vinegar by the Vaporizing Process

Vinegar Plants in General

Sec. 19.641 Application.

(a) In general. This subpart covers the production of vinegar by
the vaporizing process. It prescribes rules regarding the
qualification, location, construction, and operation of vinegar plants
and the maintenance of records of operations at vinegar plants.
(b) Application of other regulations. As a general rule, the
provisions of subparts A through V and subpart X of this part do not
apply to vinegar plants using the vaporizing process. However, the
following sections do apply to vinegar plants using the vaporizing
process: Sec. 19.1 (definitions); Sec. 19.11 (right of entry and
examination); Sec. 19.12 (furnishing facilities and assistance); Sec.
19.52 (restriction on locations of plants); Sec. 19.55 (other
businesses); Sec. 19.79 (registry of stills); Sec. 19.573 (location
of required records); Sec. 19.574 (availability of records); Sec.
19.575 (retention of records); and Sec. 19.576 (preservation of
records).

(26 U.S.C. 5501-5505)

Qualification, Construction, and Equipment Requirements for Vinegar
Plants

Sec. 19.643 Qualification requirements.

Before beginning the business of manufacturing vinegar by the
vaporizing process, a person must make written application to the
appropriate TTB officer and receive approval of the application from
TTB. The application must include:
(a) The applicant's name and principal business address (including
the plant address if different from the applicant's principal business
address);
(b) A description of the plant premises;
(c) A description of the operations to be conducted; and
(d) A description of each still, including the name and address of
the owner, the kind of still and its capacity, and the purpose for
which the still was set up.

(26 U.S.C. 5502)

Sec. 19.644 Changes after original qualification.

If there is any change in the information that was provided in an
approved application, the proprietor of the vinegar plant must
immediately notify the appropriate TTB officer in writing of the
change. The notice must identify the change and the effective date of
the change.

(26 U.S.C. 5502)

Sec. 19.645 Notice of permanent discontinuance of business.

If the proprietor of a vinegar plant decides to permanently
discontinue operations, the proprietor must so notify the appropriate
TTB officer in writing. The proprietor must include in the notice a
statement regarding the status of each still.

(26 U.S.C. 5502)

Sec. 19.646 Construction and equipment requirements.

The proprietor of a vinegar plant must construct and equip the
plant to ensure that:
(a) The distilled spirits vapors that are separated by the
vaporizing process from the mash are condensed only by introducing them
into the water or other liquid used in making the vinegar; and

[[Page 9158]]

(b) The distilled spirits produced are accurately accounted for and
are secure from unlawful removal from the premises or from unauthorized
use.

(26 U.S.C. 5502)

Rules for Operating Vinegar Plants

Sec. 19.647 Authorized operations.

After approval of an application by TTB, a plant qualified for the
production of vinegar may only:
(a) Produce vinegar by the vaporizing process; and
(b) Produce distilled spirits of 30[deg] of proof or less for use
in the manufacture of vinegar on the vinegar plant premises.

(26 U.S.C. 5501)

Sec. 19.648 Conduct of operations.

A vinegar manufacturer qualified under this subpart may:
(a) Separate by a vaporizing process the distilled spirits from a
mash; and
(b) Condense the distilled spirits vapors by introducing them into
the water or other liquid to make the vinegar.

(26 U.S.C. 5504)

Sec. 19.649 Restrictions on alcohol content.

No person may remove from the vinegar plant premises vinegar or
other fluid or any other material containing more than 2 percent
alcohol by volume.

(26 U.S.C. 5504)

Required Records for Vinegar Plants

Sec. 19.650 Daily records.

Each manufacturer of vinegar by the vaporizing process must keep
accurate and complete daily records of production operations. It is not
necessary to create records to satisfy this requirement if the records
kept by the manufacturer in the ordinary course of business contain all
required information. The required information consists of the
following:
(a) The kind and quantity of fermenting or distilling materials
received on the premises;
(b) The kind and quantity of materials fermented or mashed;
(c) The proof gallons of distilled spirits produced;
(d) The proof gallons of distilled spirits used in the manufacture
of vinegar;
(e) The wine gallons of vinegar produced; and
(f) The wine gallons of vinegar removed from the premises.

(26 U.S.C. 5504)

Liability for Distilled Spirits Tax

Sec. 19.651 Liability for distilled spirits tax.

The distilled spirits excise tax imposed by 26 U.S.C. 5001 must be
paid on any distilled spirits produced in, or removed from, the
premises of a vinegar plant in violation of law or regulations.

(26 U.S.C. 5505)

Subpart X--Distilled Spirits for Fuel Use

Sec. 19.661 Scope.

This subpart covers the establishment and operation of alcohol fuel
plants.

(26 U.S.C. 5181)

General

Sec. 19.662 Definitions.

As used in this subpart, the following terms have the meanings
indicated.
Alcohol fuel plant. A special type of distilled spirits plant
authorized under 26 U.S.C. 5181 and established under this subpart
solely for producing, processing, and storing, and using or
distributing distilled spirits to be used exclusively for fuel use.
Bonded premises. The premises of an alcohol fuel plant where
distilled spirits are produced, processed, and stored, and used or
distributed as described in the application for alcohol fuel producer
permit. The term includes the premises of small alcohol fuel plants
exempt from bonding requirements under Sec. 19.673(e).
Fuel alcohol. Distilled spirits that have been made unfit for
beverage use at an alcohol fuel plant as provided in this subpart.
Large plant. An alcohol fuel plant that produces (including
receives) more than 500,000 proof gallons of spirits per calendar year.
Make unfit for beverage use. Add materials to distilled spirits
that will preclude their beverage use without impairing their quality
for fuel use as prescribed and authorized by the provisions of this
subpart.
Medium plant. An alcohol fuel plant that produces (including
receives) more than 10,000 but not more than 500,000 proof gallons of
spirits per calendar year.
Permit. The document issued pursuant to 26 U.S.C. 5181 and this
subpart authorizing the person named to engage in business as an
alcohol fuel plant.
Plant. An alcohol fuel plant.
Proprietor. The person qualified under this subpart to operate an
alcohol fuel plant.
Small plant. An alcohol fuel plant that produces (including
receives) not more than 10,000 proof gallons of spirits per calendar
year.
Spirits or distilled spirits. The substance known as ethyl alcohol,
ethanol, or spirits of wine in any form (including all dilutions and
mixtures thereof, from whatever source or by whatever process
produced), but not fuel alcohol unless specifically stated. The term
does not include spirits produced from petroleum, natural gas, or coal.
Transfer in bond. The transfer of spirits between alcohol fuel
plants or between a distilled spirits plant qualified under 26 U.S.C.
5171 and an alcohol fuel plant.

(26 U.S.C. 5181)

Sec. 19.663 Application of other provisions.

The provisions of 26 U.S.C. chapter 51 and the regulations in
subparts A through W of this part do not apply to alcohol fuel plants
except for the following:
(a) 26 U.S.C. 5181;
(b) The definitions contained in Sec. 19.1, unless the same term
is defined in this subpart;
(c) Any provision incorporated by reference in this subpart;
(d) Any provision requiring the payment of tax; and
(e) Any provision applicable to distilled spirits that deals with
penalty, seizure, or forfeiture.

(26 U.S.C. 5181)

Sec. 19.665 Alternate methods or procedures.

(a) General. The appropriate TTB officer may approve the use of an
alternate method or procedure that varies from the regulatory
requirements in this subpart or from any regulatory requirements in
subparts A through W of this part that have been incorporated by
reference in this subpart. The appropriate TTB officer may approve the
use of an alternate method or procedure only if the proprietor shows
good cause for its use and the alternate method or procedure:
(1) Is not contrary to law;
(2) Will not have the effect of merely waiving an existing
regulatory requirement;
(3) Is consistent with the purpose and effect of the method or
procedure prescribed in this subpart;
(4) Provides equal security to the revenue; and
(5) Will not cause an increase in cost to the Government and will
not hinder TTB's administration of this subpart.
(b) Exceptions. TTB will not authorize the use of an alternate
method or procedure relating to the giving of any bond, or to the
assessment, payment, or collection of tax.
(c) Prior approvals. Alternate methods or procedures in effect
prior to April 18,

[[Page 9159]]

2011, which are not contrary to the regulations in this part, are
preserved until renewed unless revoked by operation of law due to the
enactment of law that is contrary to the alternate method or procedure.

(26 U.S.C. 5181)

Sec. 19.666 Application for and use of an alternate method or
procedure.

(a) Application. If a proprietor wishes to use an alternate method
or procedure as described in Sec. 19.665, the proprietor must submit a
written letterhead application to the appropriate TTB officer for
approval. The application must identify the method or procedure
specified in the regulation, must describe the proposed alternate
method or procedure in detail, and must explain why the alternate
method or procedure is needed.
(b) Approval and use. The proprietor may not use an alternate
method or procedure until the appropriate TTB officer has in writing
approved the proprietor's letterhead application. During the period
that the proprietor is authorized to use the alternate method or
procedure, the proprietor must comply with any conditions imposed on
its use by TTB. TTB may withdraw the approval to use the alternate
method or procedure if TTB finds that the revenue is jeopardized, that
the alternate method or procedure hinders effective administration of
the laws or regulations, that the proprietor has violated any of the
conditions imposed by TTB, or that the circumstances that gave rise to
the need for the alternate method or procedure no longer exist.
(c) Retention. The proprietor must retain each alternate method or
procedure approval as part of the proprietor's records and must make
the approval available for examination by TTB officers upon request.

(26 U.S.C. 5181)

Sec. 19.667 Emergency variations from requirements.

(a) Application. A proprietor may request emergency approval of the
use of a method or procedure relating to construction, equipment, and
methods of operation that represents a variance from the requirements
of this subpart or from any regulatory requirement in subparts A
through W of this part that have been incorporated by reference in this
subpart. When a proprietor wishes to use an emergency method or
procedure, the proprietor must submit a written letterhead application
to the appropriate TTB officer for approval; the proprietor may send
the application via regular mail, email, or facsimile transmission. The
application must describe the proposed emergency method or procedure
and the emergency situation it will address. For purposes of this
section, an emergency is considered to exist only if it results from a
weather or other natural event or from an accident or other event not
involving an intentional act on the part of the proprietor.
(b) Approval. The appropriate TTB officer may approve in writing
the use of an emergency method or procedure if the proprietor
demonstrates that an emergency exists and the proposed method or
procedure:
(1) Is not contrary to law;
(2) Is necessary to address the emergency situation;
(3) Will afford the same security and protection to the revenue as
intended by the regulations; and
(4) Will not hinder the effective administration of this subpart.
(c) Terms of emergency method or procedure approval and use. (1)
The proprietor may not use an emergency method or procedure until the
application has been approved by TTB except when the emergency method
or procedure requires immediate implementation to correct a situation
that threatens life or property. In a situation involving a threat to
life or property, the proprietor may implement the corrective action,
immediately notify the appropriate TTB officer by telephone of the
action and then file the required written application as soon as
possible. Use of the emergency method or procedure must conform to any
conditions specified in the approval.
(2) The proprietor must retain the emergency method or procedure
approval as part of the proprietor's records and must make the approval
available for examination by TTB officers upon request.
(3) The emergency method or procedure will automatically terminate
when the situation that created the emergency no longer exists. TTB may
withdraw the approval to use the emergency method or procedure if TTB
finds that the revenue is jeopardized, that the emergency method or
procedure hinders effective administration of the laws or regulations,
or that the proprietor has failed to follow any of the conditions
specified in the approval. When use of the emergency method or
procedure terminates, the proprietor must revert to full compliance
with all applicable regulations.

(26 U.S.C. 5181)

Liability for Taxes

Sec. 19.669 Distilled spirits taxes.

(a) Proprietors may withdraw distilled spirits free of tax from an
alcohol fuel plant if the spirits are withdrawn exclusively for fuel
use in accordance with this subpart. However, TTB will require payment
of the tax if the spirits are diverted to beverage use or to another
use not authorized by this subpart.
(b) The following provisions of this part apply to distilled
spirits for fuel use:
(1) Imposition of tax liability (Sec. Sec. 19.222, 19.223, and
19.225);
(2) Assessment of tax (Sec. Sec. 19.253 and 19.254); and
(3) Claims for tax (Sec. Sec. 19.262 and 19.263).

(26 U.S.C. 5001, 5181)

Sec. 19.670 Dealer registration and recordkeeping.

An alcohol fuel plant that sells spirits that have not been
rendered unfit for beverage use is subject to the requirements of
subpart H of this part, except that the reference in Sec. 19.202 to
``subpart D'' should be taken to refer to subpart X.

(26 U.S.C. 5181)

Obtaining a Permit

Sec. 19.672 Types of plants.

There are three types of alcohol fuel plants: Small plants, medium
plants, and large plants. All alcohol fuel plants are classified
according to the amount of spirits that they will produce and receive
during each calendar year. When applying for a permit, an applicant
should apply for the type of permit that fits the applicant's needs
based on the type of alcohol fuel plant the applicant intends to
operate.

(26 U.S.C. 5181)

Sec. 19.673 Small plant permit applications.

(a) General. Any person wishing to establish a small plant must
file form TTB F 5110.74, Application and Permit for an Alcohol Fuel
Producer Under 26 U.S.C. 5181, with the appropriate TTB officer. Except
as otherwise provided in Sec. 19.674(d), a person may not commence
operations before issuance of the permit.
(b) Application information. The applicant for a small plant permit
must include the following information with the application:
(1) Name and mailing address of the applicant, and the location of
the plant if not the same as the mailing address;
(2) A diagram of the plant premises;
(3) A statement regarding ownership of the premises. If the
premises are not

[[Page 9160]]

owned by the applicant, the owner's consent for access by TTB officers
must be furnished;
(4) A description of the stills on the premises and a statement of
the maximum capacity of each;
(5) A description of the materials from which spirits will be
produced; and
(6) A description of the security measures to be used to protect
the premises, buildings, and equipment where spirits are produced,
processed, and stored.
(c) Information already on file. If any of the information required
by this section is already on file with TTB and the information is
accurate and complete, the applicant may advise the appropriate TTB
officer that the information on file is incorporated by reference and
made part of the application, unless the applicant will not conduct
bona fide production operations.
(d) Additional information. When required by the appropriate TTB
officer, the applicant must furnish, as part of the application for a
permit under this section, any additional information required by TTB
to determine whether the application should be approved.
(e) Bonds. The applicant is not required to provide a bond in order
to establish a small plant, unless the applicant will not conduct bona
fide production operations. Plants for the receipt of spirits without
production must furnish a bond in accordance with Sec. 19.699 with a
penal sum as prescribed in Sec. 19.700. The appropriate TTB officer
must approve the bond before issuance of the permit.

(26 U.S.C. 5181)

Sec. 19.674 TTB action on small plant applications.

(a) Notice of receipt. Within 15 days of receipt of an application
for a small plant permit, the appropriate TTB officer will send a
written notice of receipt to the applicant. The notice will include a
statement as to whether the application meets the requirements of Sec.
19.673. If the application does not meet the requirements of Sec.
19.673, the appropriate TTB officer will return the application to the
applicant, and a new 15-day period will commence upon receipt of an
amended or corrected application.
(b) Action on application. Within 45 days from the date that the
appropriate TTB officer sent the applicant a notice of receipt of a
completed application for a small plant permit, the appropriate TTB
officer will either issue the permit or give notice in writing to the
applicant stating in detail the reason that a permit will not be
issued. Denial of an application will not prejudice any later
application for a permit by the same applicant.
(c) Failure to give notice. If the notice of receipt required by
paragraph (a) is not sent, and the applicant has a receipt indicating
that the appropriate TTB officer received the application, the 45-day
period provided for in paragraphs (b) and (d) of this section will
commence on the fifteenth day after the date the appropriate TTB
officer received the application.
(d) Presumption of approval. If, within 45 days from the date of
the notice to the applicant of receipt of a completed application for a
small plant permit, the appropriate TTB officer has not notified the
applicant of issuance of the permit or denial of the application, the
application will be deemed approved and the applicant may proceed as if
a permit had been issued.
(e) Limitation. The provisions of paragraphs (a) and (c) of this
section apply only to the first application submitted for any one small
plant in any calendar quarter and to an amended or corrected first
application.

(26 U.S.C. 5181)

Sec. 19.675 Medium plant permit applications.

(a) General. Any person wishing to establish a medium plant must
file form TTB F 5110.74, Application and Permit for an Alcohol Fuel
Producer Under 26 U.S.C. 5181, with the appropriate TTB officer.
(b) Application information. The applicant for a medium plant
permit must include the following information with the application:
(1) Name and mailing address of the applicant, and the location of
the plant if not the same as the mailing address;
(2) A diagram of the plant premises;
(3) A statement regarding ownership of the premises. If the
premises are not owned by the applicant, the owner's consent for access
by TTB officers must be furnished;
(4) A description of the stills on the premises and a statement of
the maximum capacity of each;
(5) A description of the materials from which spirits will be
produced;
(6) A description of the security measures to be used to protect
the premises, buildings, and equipment where spirits are produced,
processed, and stored;
(7) A statement of the maximum total proof gallons of spirits that
will be produced and received during a calendar year;
(8) Information identifying the principal persons involved in the
business. This identifying information must include each person's name,
address, title, social security number, date of birth, and place of
birth;
(9) A statement indicating whether or not the applicant or any
other principal person involved in the business has been convicted of a
felony or misdemeanor under Federal or State law. The statement may
exclude convictions for misdemeanor traffic violations; and
(10) A statement of the amount and source of funds invested in the
business.
(c) Bond. The applicant for a medium plant permit must provide a
bond in accordance with Sec. 19.699 with a sufficient penal sum as
prescribed in Sec. 19.700. The applicant must submit the bond on form
TTB F 5110.56, Distilled Spirits Bond, and the appropriate TTB officer
must approve the bond before issuance of the permit.
(d) Information already on file. If any of the information required
by this section is already on file with TTB and the information is
accurate and complete, the applicant may advise the appropriate TTB
officer that the information on file is incorporated by reference and
made part of the application.
(e) Additional information. When required by the appropriate TTB
officer, the applicant must furnish, as part of the application for a
permit under this section, any additional information required by TTB
to determine whether the application should be approved.
(f) Approval of permit. The applicant may not commence operations
before approval of the application and issuance of the medium plant
permit.

(26 U.S.C. 5181)

Sec. 19.676 Large plant permit applications.

(a) General. Any person wishing to establish a large plant must
file form TTB F 5110.74, Application and Permit for an Alcohol Fuel
Producer Under 26 U.S.C. 5181, with the appropriate TTB officer.
(b) Application information. The applicant for a large plant permit
must include the following information with the application:
(1) Name and mailing address of the applicant, and the location of
the plant if not the same as the mailing address;
(2) A diagram of the plant premises;
(3) A statement regarding ownership of the premises. If the
premises are not owned by the applicant, the owner's consent for access
by TTB officers must be furnished;
(4) A description of the stills on the premises and a statement of
the maximum capacity of each;
(5) A description of the materials from which spirits will be
produced;

[[Page 9161]]

(6) A description of the security measures to be used to protect
the premises, buildings, and equipment where spirits are produced,
processed, and stored;
(7) A statement of the maximum total proof gallons of spirits that
will be produced and received during a calendar year;
(8) Information identifying the principal persons involved in the
business. This identifying information must include each person's name,
address, title, social security number, date of birth, and place of
birth;
(9) A statement indicating whether or not the applicant or any of
the principal persons involved in the business has been convicted of a
felony or misdemeanor under Federal or State law. The statement may
exclude convictions for misdemeanor traffic violations;
(10) A statement of the amount and source of funds invested in the
business; and
(11) A statement identifying the type of business organization and
the persons having an ownership interest in the business. The applicant
must support this statement by providing the information specified in
Sec. 19.677.
(c) Bond. The applicant for a large plant permit must provide a
bond in accordance with Sec. 19.699 with a sufficient penal sum as
prescribed in Sec. 19.700. The applicant must submit the bond on form
TTB F 5110.56, Distilled Spirits Bond, and the appropriate TTB officer
must approve the bond before issuance of the permit.
(d) Power of attorney. The applicant for a large plant permit, or
the proprietor of the plant if different from the applicant, must
execute and file with the appropriate TTB officer form TTB F 5000.8,
Power of Attorney, for each person authorized to sign or act on behalf
of the proprietor unless that authority has been furnished elsewhere in
the application.
(e) Information already on file. If any of the information required
by this section is already on file with TTB and the information is
accurate and complete, the applicant may advise the appropriate TTB
officer that the information on file is incorporated by reference and
made part of the application.
(f) Additional information. When required by the appropriate TTB
officer, the applicant must furnish as part of the application for a
permit under this section, any additional information required by TTB
to determine whether the application should be approved.
(g) Approval of permit. The applicant may not commence operations
before approval of the application and issuance of the large plant
permit.

(26 U.S.C. 5181)

Sec. 19.677 Large plant applications--organizational documents.

In addition to the information required by Sec. 19.676, any person
who wants to establish a large plant must provide with the application
the documents and other information specified in paragraphs (a) through
(d) of this section, as applicable, and must make those and related
documents available for inspection by TTB as provided in paragraph (e)
of this section.
(a) Corporate documents. If the applicant is a corporation, the
applicant must provide the following:
(1) The corporate charter or a certificate of corporate existence
or incorporation;
(2) A list of officers and directors with their names and
addresses, other than officers and directors who will have no
responsibilities in connection with the operation of the alcohol fuel
plant;
(3) Certified minutes or extracts of board of directors meetings,
showing those individuals authorized to sign for the corporation;
(4) A statement showing the number of shares of each class of stock
or other basis of ownership, authorized and outstanding, and the voting
rights of the respective owners or holders; and
(5) A list of the offices or positions, the incumbents of which are
authorized by the articles of incorporation or the board of directors
to act on behalf of the proprietor or to sign the proprietor's name.
(b) Partnership documents. If the applicant is a partnership, the
applicant must provide a copy of the articles of partnership or
association, or certificate of partnership or association if required
to be filed by any State, county, or municipality.
(c) Limited liability company/limited liability partnership
documents. If the applicant is a limited liability company or limited
liability partnership or other entity recognized by law as a person,
the applicant must provide a copy of the articles of organization, the
operating agreement and the names and addresses of all members and
managers.
(d) Statement of interest. (1) The application must include the
names and addresses of the 10 persons that have the largest stock
ownership, by stock class, or other interest in the corporation,
limited liability company/limited liability partnership, or other legal
entity, and the nature and amount of the stock or other interest of
each, whether the interest is recorded in the name of the interested
party or in the name of another for the interested party. If a
corporation is wholly owned or controlled by another corporation, the
appropriate TTB officer may request that the applicant furnish the same
information for persons of the parent corporation.
(2) In the case of an individual owner or a partnership, the
application must include the name and address of each person interested
in the large plant, whether the interest is recorded in the name of the
interested party or in the name of another for the interested party.
(e) Availability of documents. An applicant must make available to
any appropriate TTB officer upon request all originals of documents
submitted under this section and any additional related organizational
documents such as articles of incorporation, bylaws, operating
agreements and State certifications.

(26 U.S.C. 5181, 5271)

Sec. 19.678 Criteria for issuance of permit.

As a general rule, the appropriate TTB officer will issue an
alcohol fuel plant permit to any person who completes the required
application for a permit and, when required, furnishes a bond. However,
the appropriate TTB officer may begin proceedings to deny an
application for a permit, in accordance with part 71 of this chapter,
if the appropriate TTB officer determines that--
(a) The applicant (including, in the case of a corporation, any
officer, director, or principal stockholder, and, in the case of a
partnership, a partner) is, by reason of business experience, financial
standing, or trade connections, not likely to maintain operations in
compliance with 26 U.S.C. chapter 51, or the regulations issued
thereunder;
(b) The applicant failed to disclose any material information
required with the application, or has made any false statement as to
any material fact in connection with the application; or
(c) The premises where the applicant proposes to conduct the
operations are not adequate to protect the revenue.

(26 U.S.C. 5181, 5271)

Sec. 19.679 Duration of permit.

The proprietor of an alcohol fuel plant may conduct the operations
authorized by the permit on a continuing basis unless:
(a) The proprietor voluntarily surrenders the permit;
(b) TTB suspends or revokes the permit pursuant to Sec. 19.697; or
(c) The permit is automatically terminated under its own terms or
in accordance with Sec. 19.684.

[[Page 9162]]

(26 U.S.C. 5181)

Sec. 19.680 Registration of stills.

The description of stills provided with the application for an
alcohol fuel plant permit under this subpart will fulfill the
requirement to register a still under Sec. 29.55 of this chapter.

(26 U.S.C. 5179, 5181)

Changes to Permit Information

Sec. 19.683 Changes affecting permit applications.

(a) General. If there is a change relating to any of the
information contained in, or considered a part of, the application on
form TTB F 5110.74, Application and Permit for an Alcohol Fuel Producer
Under 26 U.S.C. 5181, the proprietor must amend the information
previously submitted within 30 days of the change unless another time
period is specified in this subpart.
(b) Amended TTB F 5110.74. Except when a letterhead application or
letterhead notice procedure is followed under this subpart, the
proprietor must submit an amended application to the appropriate TTB
officer on TTB F 5110.74 within 30 days of a change referred to in
paragraph (a) of this section if the change affects the terms and
conditions of the permit.
(c) Letterhead applications. For the changes specified in
Sec. Sec. 19.685(c), 19.686, and 19.690 of this subpart, the
proprietor may submit a letterhead application to the appropriate TTB
officer for a change instead of filing an amended TTB F 5110.74. A
letterhead application must be on letterhead signed by an authorized
representative of the permit holder. The letterhead application must
identify the alcohol fuel plant to which the application applies. The
letterhead application change is subject to TTB approval. The
appropriate TTB officer may, at any time, require that the proprietor
submit an amended application on TTB F 5110.74 if administrative
difficulties occur as a result of the letterhead application.
(d) Letterhead Notices. For the changes specified in Sec. Sec.
19.687, 19.695, and 19.691 of this subpart only a letterhead notice to
the appropriate TTB officer is required. A letterhead notice must be on
letterhead signed by an authorized representative of the permit holder.
A letterhead notice does not require approval action by TTB. The
appropriate TTB officer may, at any time, require that the proprietor
submit an amended application on TTB F 5110.74 if administrative
difficulties occur as a result of the letterhead notice.

(26 U.S.C. 5271, 5181)

Sec. 19.684 Automatic termination of permits.

(a) Permits not transferable. An alcohol fuel plant permit is not
transferable and, except as otherwise provided in paragraph (b) of this
section, will automatically terminate if:
(1) The operations that are authorized by the permit are leased,
sold, or transferred to another person; or
(2) The permit holder is dissolved on a date certain or upon an
event specified by the laws of the State where the permit holder
operates.
(b) Corporations. In the case of a corporation holding a permit
under this subpart, if actual or legal control of that corporation
changes, directly or indirectly, whether by reason of change in stock
ownership or control (in the permittee corporation or in any other
corporation), by operation of law, or in any other manner, the permit
may remain in effect until the expiration of 30 days after the change,
whereupon the permit will automatically terminate. However, if
operations are to be continued after the change in control, and an
application for a new permit is filed within 30 days of the change, the
outstanding permit may remain in effect until final action is taken on
the new application. When final action is taken on the application, the
outstanding permit will automatically terminate.

(26 U.S.C. 5181, 5271)

Sec. 19.685 Change in type of alcohol fuel plant.

(a) Small plants. If the proprietor of a small plant intends to
increase production (including receipts) to more than 10,000 proof
gallons of spirits per calendar year, the proprietor must first obtain
an amended permit by filing an application for a medium plant or a
large plant, as appropriate, under Sec. Sec. 19.675 or 19.676. If any
of the required information is already on file with TTB, that
information may be incorporated by reference in the new application.
The proprietor must also provide a new or strengthening bond in
accordance with Sec. Sec. 19.699 and 19.700.
(b) Medium plants. If the proprietor of a medium plant intends to
increase production (including receipts) to more than 500,000 proof
gallons of spirits per calendar year, the proprietor must first obtain
an amended permit by filing an application for a large plant under
Sec. 19.676. If any of the required information is already on file
with TTB, that information may be incorporated by reference in the new
application. If the penal sum of the proprietor's current bond is below
the amount specified for the new production level, the proprietor must
obtain a new or strengthening bond in accordance with Sec. 19.700.
(c) Curtailment of activities. A proprietor of a medium or large
plant who curtails operations to a level whereby the proprietor is
eligible to requalify as a small or medium plant may so qualify by
submitting a letterhead application to the appropriate TTB officer for
approval. If the appropriate TTB officer approves the application, the
proprietor automatically will be relieved of those regulatory
requirements that apply only to the superseded qualification. In
addition, in the case of a change to small plant status, the proprietor
may be allowed to terminate the bond in accordance with the procedure
set forth in Sec. 19.170 of this part.

(26 U.S.C. 5181, 5271)

Sec. 19.686 Change in name of proprietor.

When there is a change in the name of the individual, firm,
corporation, or other entity holding the permit, the proprietor must
file an application to amend the permit on form TTB F 5110.74,
Application and Permit for an Alcohol Fuel Producer Under 26 U.S.C.
5181, or file a letterhead application to amend the permit within 30
days of the change. The proprietor is not required to file a new bond
or consent of surety in this case.

(26 U.S.C. 5172, 5271, 5181)

Sec. 19.687 Changes in officers, directors, members, managers, or
principal persons.

If there is a change in the list of officers, directors, members,
managers, or other principal persons furnished under the provisions of
Sec. 19.675, Sec. 19.676, or Sec. 19.677, the proprietor must submit
a letterhead notice to the appropriate TTB officer within 30 days of
the change. The letterhead notice must identify each change and must
include the following identifying information for each new officer,
director, member, manager, or other principal person: name, address,
title, social security number, date of birth, and place of birth.

(26 U.S.C. 5181)

Sec. 19.688 Change in proprietorship.

(a) General. If there is a change in proprietorship at an alcohol
fuel plant, the following requirements apply to the outgoing proprietor
and to the new, incoming proprietor:
(1) The outgoing proprietor must comply with the notice
requirements of Sec. 19.695; and
(2) The incoming successor proprietors must--
(i) File and obtain a permit on form TTB F 5110.74, Application and
Permit

[[Page 9163]]

for an Alcohol Fuel Producer Under 26 U.S.C. 5181; and
(ii) File the required bond, if any.
(b) Fiduciary responsibilities. A successor to the proprietorship
of an alcohol fuel plant who is an administrator, executor, receiver,
trustee, assignee, or other fiduciary must comply with paragraph (a)(2)
of this section. In addition, the following rules apply to a successor
who is a fiduciary:
(1) The successor may furnish a consent of surety to extend the
terms of the outgoing proprietor's bond instead of filing a new bond;
(2) The successor may incorporate by reference in the application
on TTB F 5110.74 any information that is still valid and that was
contained in the application filed by the outgoing proprietor;
(3) The successor must furnish a certified copy of the order of the
court or other pertinent document appointing the successor as a
fiduciary; and
(4) The effective dates of the qualifying documents filed will be
the date of the court order, the date specified in the court order for
assuming control or the date control is assumed if the fiduciary was
not appointed by a court.

(26 U.S.C. 5172, 5181)

Sec. 19.689 Continuing partnerships.

(a) If there is a death or insolvency of a partner in the business
that holds a permit under this subpart, the surviving partner or
partners may continue to operate under the permit if:
(1) The partnership is not immediately terminated under the laws of
the particular State but continues until the winding up of the
partnership affairs is complete;
(2) The surviving partner or partners have the exclusive right to
control and possession of the partnership assets for purpose of
liquidation and settlement; and
(3) In the case of a plant required to file a bond, a consent of
surety is filed under which the surety and the surviving partner or
partners agree to remain liable on the bond.
(b) If the surviving partner or partners acquire the business upon
settlement of the partnership, the surviving partner or partners must
file an application in their own name and receive a permit in
accordance with Sec. 19.688(a).

(26 U.S.C. 5172, 5181)

Sec. 19.690 Change in location.

If there is a change in the location of the alcohol fuel plant or
of the area included within the plant premises, the proprietor must:
(a) File an application to amend the permit on form TTB F 5110.74,
Application and Permit for an Alcohol Fuel Producer Under 26 U.S.C.
5181, or a letterhead application to amend the permit;
(b) File a new bond on form TTB F 5110.56 or a consent of surety on
form TTB F 5000.18 if a bond is required; and
(c) Not begin operations at the new location prior to approval of
the amended application and issuance of the amended permit.

(26 U.S.C. 5172, 5181)

Sec. 19.691 Change in address without change in location or area.

If there is a change in the address of an alcohol fuel plant that
does not involve a change in the location or area of the plant itself,
the proprietor must submit a letterhead notice to the appropriate TTB
officer within 30 days of the change.

(26 U.S.C. 5172, 5181)

Alternating Proprietorship

Sec. 19.692 Qualifying for alternating proprietorship.

(a) General. A proprietor may alternate use of an alcohol fuel
plant or part of an alcohol fuel plant with one or more proprietors
qualified under this subpart. In order to do so, each proprietor must
file and receive approval of the applications and bonds required by
this subpart. Each proprietor must also conduct operations and keep
records in accordance with this subpart. Where operations by
alternating proprietors will be limited to part of an alcohol fuel
plant, that part must be suitable for qualification as a separate
alcohol fuel plant.
(b) Qualifying documents. Each person desiring to operate an
alcohol fuel plant as an alternating proprietor must file the following
with the appropriate TTB officer:
(1) An application on form TTB F 5110.74, Application and Permit
for an Alcohol Fuel Producer Under 26 U.S.C. 5181, to cover the
proposed alternation;
(2) A diagram of the premises, in duplicate, showing the
arrangement for the alternation of the premises. Where operations by
alternating proprietors are limited to parts of an alcohol fuel plant,
a diagram designating the parts that are to be alternated must be
submitted. A diagram must be submitted for each arrangement under which
the premises will be operated. The diagram must be in sufficient detail
to establish the boundaries of the alcohol fuel plant or any part of it
that will be involved in the alternation;
(3) Evidence of an existing operations bond (if any), consent of
surety, or new operations bond to cover the proposed alternation of
premises; and
(4) Any additional information required by the appropriate TTB
officer.

(26 U.S.C. 5171, 5181, 5271)

Sec. 19.693 Operating requirements for alternating proprietorships.

(a) Alternation journal. Once the applications submitted under
Sec. 19.692 have been approved by the appropriate TTB officer, the
alcohol fuel plant, or parts of the alcohol fuel plant, may be
alternated. The outgoing and incoming proprietor must make entries in
an alternation journal when the alcohol fuel plant, or parts of it, are
alternated. The outgoing and incoming proprietor must enter the
following information in the alternation journal:
(1) Name or trade name of the proprietor;
(2) Alcohol fuel plant permit number;
(3) Date and time of alternation;
(4) Quantity of spirits transferred in proof gallons.
(b) Commencement of operations. Except for spirits transferred to
the incoming proprietor, the outgoing proprietor must remove all
spirits from areas, rooms, or buildings to be alternated, prior to the
effective date and time shown in the alternation journal. Fuel alcohol
may be transferred to the incoming proprietor or may be retained by the
outgoing proprietor in areas, rooms, or buildings to be alternated when
the areas, rooms, or buildings are secured with locks, the keys to
which are in the custody of the outgoing proprietor. Whenever operation
of the areas, rooms, or buildings is to be resumed by a proprietor
following suspension of operations by an alternating proprietor, the
outgoing proprietor (except the proprietor of a small plant not
required to file a bond) must furnish a consent of surety on form TTB F
5000.18 to continue in effect the operations bond covering his
operations. The proprietor must do this prior to alternating the
premises.
(c) Records. Each alternating proprietor must maintain separate
records and submit separate reports in accordance with Sec. 19.720.
Entries in each proprietor's records must be in accordance with
Sec. Sec. 19.714 through 19.718 of this subpart. The following
requirements also apply:
(1) Each alternating proprietor must show all transfers of spirits
in the records;
(2) The outgoing proprietor must show in its production and
disposition records the quantity of spirits and fuel

[[Page 9164]]

alcohol transferred to the incoming proprietor;
(3) The incoming proprietor must show in his receipt record the
quantity of spirits received by transfer;
(4) Each proprietor must include spirits transferred in the
determinations of alcohol fuel plant size and bond amounts; and
(5) The provisions of Sec. 19.685 regarding change of alcohol fuel
plant type apply to each proprietor.

(26 U.S.C. 5171, 5181, 5271)

Discontinuance of Business and Permit Suspension or Revocation

Sec. 19.695 Notice of permanent discontinuance.

When a proprietor permanently discontinues operations as an alcohol
fuel plant, the proprietor must file a letterhead notice with the
appropriate TTB officer along with the following:
(a) The original copy of the alcohol fuel plant permit and the
proprietor's request that the permit be cancelled;
(b) A written statement disclosing whether or not all spirits,
including fuel alcohol, have been lawfully disposed of, and whether or
not there are any spirits in transit to the premises; and
(c) A report on form TTB 5110.75, Alcohol Fuel Plant Report,
covering the discontinued operations, with the report marked ``Final
Report''.

(26 U.S.C. 5181, 5271)

Sec. 19.697 Permit suspension or revocation.

TTB will conduct proceedings to revoke or suspend an alcohol fuel
plant permit in accordance with the procedures set forth in part 71 of
this chapter if the appropriate TTB officer has a reason to believe
that a person holding a permit:
(a) Has not complied in good faith with the provisions of 26 U.S.C.
chapter 51 or the regulations issued thereunder;
(b) Has violated the conditions of the permit;
(c) Has made a false statement as to any material fact in the
application for the permit;
(d) Has failed to disclose any material information required to be
furnished under this part;
(e) Has violated or conspired to violate any law of the United
States relating to intoxicating liquor;
(f) Has been convicted of any offense under title 26 U.S.C.
punishable as a felony or of any conspiracy to commit such offense; or
(g) Has not engaged in any of the operations authorized by the
permit for a period of more than 2 years.

(26 U.S.C. 5271)

Bonds

Sec. 19.699 General bond requirements.

(a) Operations bond. Any person who plans to establish a large
plant, a medium plant, or a small plant without production operations
must provide an operations bond on form TTB F 5110.56, Distilled
Spirits Bond, in duplicate, with the original permit application. If a
proprietor fails to fails to pay any liability covered by the bond, TTB
may seek payment from the proprietor, from the surety on the bond, or
from both the proprietor and the surety. Additional provisions
applicable to bonds for alcohol fuel plants are found in subpart F of
this part in Sec. Sec. 19.155 through 19.157 and Sec. Sec. 19.167
through 19.173.
(b) Corporate surety. A company that issues bonds is called a
``corporate surety.'' Proprietors must obtain the surety bonds required
by this subpart from a corporate surety approved by the Secretary of
the Treasury. The Department of the Treasury publishes a list of
approved corporate sureties in Treasury Department Circular No. 570,
``Companies Holding Certificates of Authority as Acceptable Sureties on
Federal Bonds and as Acceptable Reinsuring Companies.'' Circular No.
570 is published annually in the Federal Register. The most current
edition of the circular is posted at the Web site of the Financial
Management Service, Department of the Treasury, at http://www.fms.treas.gov/c570. Printed copies of Circular No. 570 are
available for purchase from the Government Printing Office.
(c) Alternative to a corporate surety. A proprietor may also
guarantee payment under a bond without using a corporate surety, by
filing a bond that guarantees payment of the liability by pledging and
depositing one or more acceptable negotiable securities having a par
value (face amount) equal to or greater than the penal sums of the
required bonds. Should the proprietor fail to pay one or more of the
guaranteed liabilities, TTB may take action to sell the deposited
securities to satisfy the debt. Pledged securities will be released to
the proprietor if there are no outstanding liabilities when the bond is
terminated; the provisions of Sec. 19.173 apply to the release of
pledged securities under this subpart. A list of securities acceptable
as collateral in lieu of surety bonds is available from the Bureau of
the Public Debt, Office of the Commissioner, Government Securities
Regulations Staff. Current information and guidance from the Bureau of
the Public Debt Web site may be found at http://www.publicdebt.treas.gov.

(26 U.S.C. 5173, 5181; 31 U.S.C. 9301, 9303, 9304, 9306)

Sec. 19.700 Amount of bond.

A proprietor must determine the penal sum of the bond based on the
total quantity of distilled spirits that will be produced and received
during a calendar year. The method for computing required bond amounts
is as follows:
(a) Small plants without production operations. A proprietor that
operates a small plant that receives not more than 10,000 proof gallons
of spirits per year and does not conduct bona fide production
operations must provide a bond with a penal sum of $1,000.
(b) Medium plants. A proprietor that operates a medium plant that
produces and receives more than 10,000 but not more than 20,000 proof
gallons of spirits per year must provide a bond with a penal sum of at
least $2,000.00. The proprietor must increase the penal sum of the bond
by $1,000 for each additional 10,000 gallons, or fraction of 10,000
gallons, (over 20,000 gallons) that will be produced or received. The
maximum bond for a medium plant is $50,000.00, representing the penal
sum applicable to 500,000 proof gallons. The following table provides
examples of required minimum bond amounts:

Annual Production and Receipts in Proof Gallons
------------------------------------------------------------------------
More than But not over Amount of bond
------------------------------------------------------------------------
10,000 20,000 $2,000
20,000 30,000 3,000
90,000 100,000 10,000
190,000 200,000 20,000
490,000 500,000 50,000
------------------------------------------------------------------------

(c) Large Plants. A proprietor that operates a large plant that
produces and receives more than 500,000 but not more than 510,000 proof
gallons of spirits per year must provide a bond with a penal sum of at
least $52,000.00. The proprietor must increase the penal sum of the
bond by $2,000 for each additional 10,000 gallons, or fraction of
10,000 gallons (over 510,000 gallons) that will be produced and
received. The maximum bond for a large plant is $200,000.00. The
following table provides examples of required minimum bond amounts:

[[Page 9165]]

510,000 520,000 54,000
740,000 750,000 100,000
990,000 1,000,000 150,000
1,240,000 -- 200,000
------------------------------------------------------------------------

(d) New or strengthening bonds. A proprietor must obtain a new
bond or a strengthening bond in accordance with Sec. 19.167 if the
level of production and receipts at the alcohol fuel plant increases so
that the current bond no longer is in the amount of at least the
required minimum penal sum.

(26 U.S.C. 5173, 5181)

Requirements for Construction, Equipment, and Security

Sec. 19.703 Construction and equipment.

A proprietor must construct and arrange the buildings and
enclosures where distilled spirits will be produced, processed, or
stored so as to ensure adequate security and deter the diversion of
spirits. Distilling equipment must be constructed to prevent
unauthorized removal of spirits, from the point where distilled spirits
come into existence until production is complete and the quantity of
spirits has been determined. A proprietor also must equip tanks and
other vessels so that they may be locked and must provide a method for
determining the quantity of spirits in each vessel.

(26 U.S.C. 5178)

Sec. 19.704 Security.

(a) General. The proprietor of an alcohol fuel plant must provide
adequate security measures at the alcohol fuel plant in order to
protect against the unauthorized removal of spirits.
(b) Storage. The proprietor must store spirits in a building or a
storage tank, or within an enclosure, that will be kept locked when
operations are not being conducted.
(c) Additional security. The appropriate TTB officer may require
additional security measures for the premises if the alcohol fuel
plant's security is found to be inadequate. The additional measures
required may depend upon past security problems experienced at the
alcohol fuel plant, the volume of alcohol produced, the risk to tax
revenue, and any safety requirements. Additional security measures may
include, but are not limited to:
(1) A fence around the alcohol fuel plant;
(2) Flood lights;
(3) A security or alarm system;
(4) A guard service; or
(5) Locked or barred windows.

(26 U.S.C. 5178, 5202)

TTB Rights and Authorities

Sec. 19.706 Supervision of operations.

TTB may assign appropriate TTB officers to supervise operations at
an alcohol fuel plant at any time. Appropriate TTB officers may
exercise certain rights and authorities at an alcohol fuel plant. Those
rights and authorities are set forth in the following provisions of
this part: Sec. 19.11 (right of entry and examination, Sec. 19.12
(furnishing facilities and assistance), Sec. 19.13 (assignment of
officers and supervision of operations), Sec. 19.17 (detention of
containers), Sec. 19.18 (samples for the United States), and Sec.
19.282 (general requirements for gauging and measuring equipment).

(26 U.S.C. 5201, 5202, 5203, 5204, 5207, 5213, 5555)

Accounting for Spirits

Sec. 19.709 Gauging.

(a) Gauging equipment and methods. A proprietor of an alcohol fuel
plant must perform periodic gauges of the distilled spirits and fuel
alcohol at the alcohol fuel plant. The procedures for the gauging of
spirits set forth in part 30 of this chapter also apply under this
subpart. In addition, the following rules for the gauging of distilled
spirits and fuel alcohol under this subpart also apply:
(1) The proprietor must determine the proof of spirits by using a
glass cylinder, hydrometer and thermometer;
(2) The proprietor must ensure that hydrometers, thermometers, and
other equipment used to determine proof, volume, or weight are
accurate;
(3) The proprietor may determine the quantity of spirits or fuel
alcohol either by volume or weight;
(4) To determine quantity by volume, the proprietor may use a tank
or receptacle with a calibrated sight glass installed, a calibrated
dipstick, conversion charts, an accurate mass flow meter, or other
devices approved by the appropriate TTB officer;
(5) Unless the proprietor chooses to do so, the proprietor is not
required to determine the proof of fuel alcohol manufactured, on hand,
or removed; and
(6) The proprietor may account for fuel alcohol in wine gallons;
(b) Verification by TTB. TTB officers may at any time verify the
accuracy of the gauging equipment used.
(c) When gauges are required. A proprietor must gauge spirits and
record the results in the records required by Sec. 19.718, at the
following times:
(1) Upon completing the production of distilled spirits;
(2) On the receipt of spirits at the plant;
(3) Prior to the addition of materials to render the spirits unfit
for beverage use;
(4) Before withdrawal from plant premises or other disposition of
spirits (including fuel alcohol); and
(5) When spirits are inventoried.

(26 U.S.C. 5201, 5204)

Sec. 19.710 Inventory of spirits.

A proprietor of an alcohol fuel plant must take a physical
inventory of all spirits and fuel alcohol on the bonded premises at the
end of each calendar year. The proprietor must record the results of
this physical inventory in the records required by Sec. 19.718.

(26 U.S.C. 5201)

Recordkeeping

Sec. 19.714 General requirements for records.

A proprietor of an alcohol fuel plant must maintain records that
accurately reflect the operations and transactions at the alcohol fuel
plant. The records must contain sufficient information to allow
appropriate TTB officers to determine the quantities of spirits
produced, received, stored, or processed and to verify that all spirits
have been used or otherwise lawfully disposed of.

(26 U.S.C. 5207)

Sec. 19.715 Format of records.

(a) Proprietors of alcohol fuel plants are not required under this
subpart to keep their records in any particular format or media. A
proprietor may keep required records on paper, microfilm or microfiche,
diskette, or other electronic medium. However, the records that a
proprietor maintains must be readily retrievable in, or convertible to,
hardcopy format for review by TTB officers as necessary.
(b) Required records may consist of commercial documents maintained
in the ordinary course of business, rather than records prepared
expressly to meet the requirements of this subpart, if those documents:
(1) Contain all of the information required by this subpart;
(2) Reflect general standards of clarity and accuracy; and
(3) Can be readily understood by TTB personnel.
(c) Where the format or arrangement of a record is such that the
information is not readily understandable, the

[[Page 9166]]

appropriate TTB officer may require the proprietor to present the
information in a format or arrangement that will facilitate the review
of the information.

(26 U.S.C. 5207)

Sec. 19.716 Maintenance and retention of records.

(a) A proprietor of an alcohol fuel plant may keep the records
required by this subpart at the alcohol fuel plant where operations or
transactions occur, or at a central recordkeeping location maintained
by the proprietor. If the proprietor keeps the required records at any
location other than the alcohol fuel plant where operations or
transactions occur, the proprietor must submit a letterhead notice to
the appropriate TTB officer indicating the location where the records
are kept. The proprietor must make those records available at the
alcohol fuel plant premises to which they relate during normal business
hours for the purpose of a TTB audit or inspection. The proprietor must
produce those records at that location within two days of notice by the
appropriate TTB officer.
(b) A proprietor of an alcohol fuel plant must maintain any records
required by this subpart for a period of not less than three years from
the date of creation of the record or the date of the last entry
required to be made in the record, whichever is later.
(c) A proprietor of an alcohol fuel plant may be required to
reproduce records in order to maintain their readability and
availability for inspection. Whenever any record might become
unreadable or otherwise unsuitable for its intended or continued use,
the proprietor is responsible for reproducing the record by a process
that accurately and legibly reproduces the original record.
(d) For records kept on electronic media, the provisions of Sec.
19.574 apply.

(26 U.S.C. 5207)

Sec. 19.717 Time for making entries in records.

A proprietor of an alcohol fuel plant must record entries required
by this subpart in the proprietor's records on a daily basis, as the
transaction or operation occurs, but not later than the close of the
next business day after the occurrence of the transaction or operation.
However, if a proprietor prepares supplemental or auxiliary records
when an operation or transaction occurs and those records contain all
of the information required under this subpart, the proprietor may make
entries in the required records not later than the close of business on
the third business day following the day on which the transaction or
operation occurred.

(26 U.S.C. 5207)

Sec. 19.718 Required records.

A proprietor of an alcohol fuel plant must maintain records that
accurately reflect the operations and transactions occurring at the
plant. These records must include production, receipt, manufacture, and
disposition records.
(a) Production, receipt, and manufacture records. The proprietor
must maintain records of all production, receipts, and manufacture at
the alcohol fuel plant. This includes records of:
(1) The quantity and proof of spirits produced;
(2) The kind and quantity of materials used to produce spirits, if
the proprietor is a medium plant or large plant;
(3) The proof gallons of spirits on hand;
(4) The proof gallons of spirits received. The proprietor may use a
copy of the consignor's invoice or other document received with the
shipment if the proprietor records the date of receipt and quantity
received;
(5) The quantities and types of materials added to each lot of
spirits to render the spirits unfit for beverage use; and
(6) The quantity of fuel alcohol manufactured. Fuel alcohol may be
recorded in wine gallons.
(b) Disposition records. The proprietor must maintain records of
all dispositions of spirits and fuel alcohol removed from the alcohol
fuel plant. Records for dispositions of fuel alcohol and spirits must
be maintained separately. Required records include:
(1) The amount of fuel alcohol removed. The commercial record or
other document required by Sec. 19.729 will constitute the required
record;
(2) The amount of spirits transferred. For all spirits transferred
to another qualified distilled spirits plant or alcohol fuel plant the
proprietor must maintain the commercial invoice or other documentation
required by Sec. Sec. 19.405 and 19.734;
(3) Record of other dispositions. If the proprietor has other
dispositions of spirits or fuel alcohol such as losses, destruction, or
redistillation, the proprietor must keep a record of those
dispositions. The record must include the quantity of spirits (in proof
gallons) or fuel alcohol (in wine gallons), the date of disposition,
and the purpose for which used or the nature of any other disposition;
(4) Testing records. If the proprietor conducts testing and
analysis of samples of spirits or fuel alcohol in accordance with Sec.
19.749, the proprietor must keep a record of the date of the testing
and the amount of spirits (in proof gallons) or fuel alcohol (in wine
gallons) tested.

(26 U.S.C. 5181, 5207)

Sec. 19.719 Spirits made unfit for beverage use in the production
process.

If an alcohol fuel plant makes spirits unfit for beverage use
before the spirits are removed from the production process, for example
by the in-line addition of materials or by the addition of materials to
receptacles where spirits are first deposited, the proprietor must
determine the quantity and proof of the spirits produced for purposes
of the production records by:
(a) Determining the proof of each lot of spirits by procuring a
representative sample of each lot, prior to the addition of any
materials for rendering the spirits unfit for beverage use, and then
proofing the spirits; and
(b) Determining the quantity (proof gallons) of spirits produced by
subtracting the quantity of materials added to render the spirits unfit
for beverage use from the quantity of fuel alcohol (in gallons)
produced and multiplying the resulting figure by the proof of the
spirits divided by 100.

(26 U.S.C. 5181, 5207)

Reports

Sec. 19.720 Reports.

Each proprietor of an alcohol fuel plant must submit to the
appropriate TTB officer an annual report of operations on form TTB F
5110.75, Alcohol Fuel Plant Report, for each calendar year. The
proprietor must submit this report by January 30 following the end of
the calendar year.

(26 U.S.C. 5207)

Redistillation

Sec. 19.722 General rules for redistillation of spirits or fuel
alcohol.

The proprietor of an alcohol fuel plant may receive and redistill
spirits. The proprietor may also receive fuel alcohol for
redistillation and recovery of the spirits contained in the fuel
alcohol. The following general rules apply to redistillation activities
at an alcohol fuel plant:
(a) The proprietor must separately identify in the required records
any spirits and fuel alcohol received for redistillation;
(b) The proprietor must keep all spirits and fuel alcohol received
for redistillation physically separate from each other and from other
spirits and fuel alcohol until they are redistilled;
(c) Spirits recovered by redistillation will be treated the same as
spirits that have not been redistilled; and

[[Page 9167]]

(d) All provisions of this subpart and 26 U.S.C. chapter 51,
including provisions regarding liability for tax applicable to spirits
when originally produced, apply to spirits recovered by distillation.

(26 U.S.C. 5181)

Sec. 19.723 Effect of redistillation on plant size and bond amount.

The redistillation of spirits at an alcohol fuel plant may affect
the alcohol fuel plant size category and the resulting bond penal sum
amount. The following rules apply in this regard:
(a) Spirits originally produced by the alcohol fuel plant and
subsequently recovered by redistillation are not includable in the
determination of plant size and bond amount; and
(b) Spirits originally produced elsewhere and subsequently
recovered by redistillation at the alcohol fuel plant are includable in
the determination of plant size and bond amount.

(26 U.S.C. 5181)

Sec. 19.724 Records of redistillation.

(a) Except as otherwise provided in paragraph (b) of this section,
a proprietor must record in a separate record the following information
for spirits and fuel alcohol received at the alcohol fuel plant for
redistillation:
(1) Date of receipt;
(2) Identification as spirits or fuel alcohol;
(3) Quantity received;
(4) From whom received;
(5) Reason for redistillation;
(6) Date redistilled; and
(7) The quantity of spirits recovered by redistillation.
(b) A proprietor may use a document required by Sec. Sec. 19.729
or 19.734 or any other commercial record covering spirits or fuel
alcohol received in lieu of the record required by paragraph (a) of
this section, provided that it contains all of the information required
by paragraph (a) of this section, including any such information added
to it by the proprietor.

(26 U.S.C. 5181, 5223)

Rules for Use, Withdrawal, and Transfer of Spirits

Sec. 19.726 Prohibited uses, transfers, and withdrawals.

No person may withdraw, use, sell or otherwise dispose of distilled
spirits, including fuel alcohol, produced under this subpart for any
purpose other than for fuel use. The law imposes criminal penalties on
any person who withdraws, uses, sells, or otherwise disposes of
distilled spirits, including fuel alcohol, produced under this subpart
for other than fuel use.

(26 U.S.C. 5181, 5601)

Sec. 19.727 Use on premises.

A proprietor may use spirits as a fuel on the premises of the
alcohol fuel plant where they were produced without having to make them
unfit for beverage use. A proprietor using spirits in this way must
keep the applicable records concerning such use as provided in Sec.
19.718(b)(3).

(26 U.S.C. 5181)

Sec. 19.728 Withdrawal of spirits.

Before withdrawal of spirits from the premises of an alcohol fuel
plant, the proprietor must render the spirits unfit for beverage use as
provided in this subpart. Spirits rendered unfit for beverage use may
be withdrawn free of tax from the alcohol fuel plant premises if they
will be used exclusively for fuel.

(26 U.S.C. 5181, 5214)

Sec. 19.729 Withdrawal of fuel alcohol.

(a) For each shipment or other removal of fuel alcohol from the
alcohol fuel plant premises, the consignor proprietor must prepare a
commercial invoice, sales slip, or similar document that shows:
(1) The date of the withdrawal;
(2) The quantity of fuel alcohol removed;
(3) A description of the shipment that includes the number and size
of containers, tank trucks, etc.; and
(4) The name and address of the consignee.
(b) The consignor proprietor must retain in its records a copy of
the document described in paragraph (a) of this section.

(26 U.S.C. 5181)

Transfer of Spirits Between Alcohol Fuel Plants

Sec. 19.733 Authorized transfers between alcohol fuel plants.

A proprietor may remove spirits from the bonded premises of an
alcohol fuel plant, including the premises of a small plant, for
transfer in bond to another alcohol fuel plant. A proprietor of an
alcohol fuel plant may also receive spirits from another alcohol fuel
plant. The following conditions apply to such transfers:
(a) The transfer of spirits must be pursuant to an approved
application on form TTB F 5100.16, Application for Transfer of Spirits
and/or Denatured Spirits in Bond in accordance with Sec. 19.403;
(b) Bulk conveyances in which spirits are transferred must be
secured with locks, seals, or other devices in accordance with Sec.
19.441;
(c) It is not necessary to render the spirits unfit for beverage
use prior to the transfer;
(d) The transferred spirits may not be withdrawn, used, sold, or
disposed of for other than fuel use; and
(e) Each proprietor must adhere to the requirements for transfers
between alcohol fuel plants prescribed in Sec. Sec. 19.734 through
19.736, as applicable.

(26 U.S.C. 5181, 5212)

Sec. 19.734 Consignor for in-bond shipments.

A proprietor that ships distilled spirits in bond to another
alcohol fuel plant is the ``consignor'' of the shipment. When shipping
spirits in bond, the consignor must:
(a) Ship the spirits pursuant to an approved application on form
TTB F 5100.16, Application for Transfer of Spirits and/or Denatured
Spirits in Bond;
(b) Prepare a duplicate commercial invoice or shipping document for
each shipment of spirits that includes the following:
(1) The quantity of the spirits transferred;
(2) The proof of the spirits transferred;
(3) A description of the shipment that includes the number and size
of drums, barrels, tank trucks, etc.;
(4) The consignor's name, address, and permit number and the name,
address, and permit number of the proprietor of the alcohol fuel plant
that will receive the spirits; and
(5) The serial numbers of seals, locks, or other devices used to
secure the shipment; and
(c) Forward the original invoice or shipping document with the
shipment to the proprietor of the receiving alcohol fuel plant and
retain a copy in the alcohol fuel plant's records.

(26 U.S.C. 5212)

Sec. 19.735 Reconsignment while in transit.

A consignor may reconsign an in-bond shipment of spirits while the
shipment is in transit or upon arrival at the premises of the consignee
for any bona fide reason such as when the spirits transferred in bond
are found to be unsuitable for the intended purpose or the spirits were
shipped in error. The consignor may reconsign the shipment to itself or
to another consignee that is qualified to receive the spirits. In
either case, an Application for Transfer of Spirits and/or Denatured
Spirits in Bond on form TTB F 5100.16 must have been previously
approved for the new consignee and must be on file at the alcohol fuel
plant. The bond of the new consignee of the spirits will cover the
spirits while they are in transit after

[[Page 9168]]

reconsignment. When reconsigning a shipment, the consignor must notify
the original consignee that the transfer has been cancelled and must
make a notation on the original invoice or shipping document that the
shipment was reconsigned. The consignor must also prepare a new invoice
or shipping document for the new consignee and must mark the new
invoice or shipping document ``reconsignment.''

(26 U.S.C. 5181, 5212)

Sec. 19.736 Consignee for in-bond shipments.

(a) General. A proprietor that receives spirits in bond from
another alcohol fuel plant is the ``consignee'' of the shipment. When
receiving spirits in bond, the consignee must:
(1) Examine each conveyance and notify the appropriate TTB officer
immediately if any of the locks, seals, or other devices that secure
each conveyance do not arrive at the premises intact;
(2) Determine the quantity of spirits received and record the
quantity and date of receipt on the invoice or shipping document sent
with the shipment; and
(3) Retain the invoice or shipping document as part of the records
required by Sec. 19.718.
(b) Portable containers. A consignee who receives spirits in
barrels, drums, or other portable containers that are not secured by
seals or other devices must verify the contents of each container. The
consignee must record the quantity received in each container on a list
and must attach the list to the invoice or shipping document received
with the shipment.
(c) Bulk conveyances or pipelines. A consignee who receives spirits
in bulk conveyances or by pipeline must gauge the spirits received and
record the quantity determined on the invoice or shipping document
received with the shipment. The appropriate TTB officer may waive the
requirement for gauging spirits received by pipeline if requested in
writing by the consignee and if there is no jeopardy to the revenue.

(26 U.S.C. 5181, 5204, 5212)

Transfer of Spirits to and From Distilled Spirits Plants

Sec. 19.739 Authorized transfers to or from distilled spirits plants.

Except for spirits produced from petroleum, natural gas, or coal, a
proprietor of an alcohol fuel plant may receive spirits in bond from a
distilled spirits plant qualified under subpart D of this part. A
proprietor of an alcohol fuel plant may also transfer spirits in bond
from the alcohol fuel plant to a distilled spirits plant qualified
under subpart D of this part. The following conditions apply to such
transfers:
(a) Bulk conveyances in which spirits are transferred must be
secured with locks, seals, or other devices in accordance with Sec.
19.441;
(b) It is not necessary to render the spirits unfit for beverage
use prior to the transfer;
(c) The transferred spirits may not be withdrawn, used, sold, or
disposed of for other than fuel use;
(d) An alcohol fuel plant proprietor transferring spirits filled
into portable containers to the bonded premises of a distilled spirits
plant must mark the containers as required by Sec. 19.752(b);
(e) The procedures in Sec. Sec. 19.403 through 19.406 and Sec.
19.620 apply to the transfer of spirits from an alcohol fuel plant to a
distilled spirits plant; and
(f) The procedures in Sec. Sec. 19.403, 19.404, 19.405, and 19.407
apply to the transfer of spirits from a distilled spirits plant to an
alcohol fuel plant.

(26 U.S.C. 5181, 5212)

Receipt of Spirits From Customs Custody

Sec. 19.742 Authorized transfers from customs custody.

A proprietor of an alcohol fuel plant may withdraw from customs
custody spirits imported or brought into the United States in bulk
containers and may transfer those spirits without payment of tax to the
proprietor's alcohol fuel plant subject to the following conditions:
(a) The transfer of the spirits may only be to an alcohol fuel
plant that is required to file, and has filed, a bond;
(b) The spirits must not have been produced from petroleum, natural
gas, or coal;
(c) The alcohol fuel plant must further manufacture or process the
spirits after receipt;
(d) The proprietor of the alcohol fuel plant may only redistill or
denature the spirits if the imported spirits are 185[deg] or more of
proof and will be withdrawn for fuel use; and
(e) The proprietor of the alcohol fuel plant must follow the
procedures for receiving spirits prescribed in Sec. 19.736 and subpart
L of part 27 of this chapter.

(26 U.S.C. 5232)

Materials for Making Spirits Unfit for Beverage Use

Sec. 19.746 Authorized materials.

(a) General. The appropriate TTB officer determines what materials
make spirits unfit for beverage use but do not impair the quality of
the spirits for fuel use. Spirits treated with materials authorized
under this section will be considered rendered unfit for beverage use
and eligible for withdrawal as fuel alcohol.
(b) Authorized materials. Subject to the specifications in
paragraph (c) of this section, proprietors are authorized to render
spirits unfit for beverage use by adding to each 100 gallons of spirits
any of following materials in the quantities specified:
(1) Two gallons or more of--
(i) Gasoline or automotive gasoline (for use in engines that
require unleaded gasoline, the Environmental Protection Agency and
manufacturers specifications may require that unleaded gasoline be used
to render spirits unfit for beverage use);
(ii) Natural gasoline;
(iii) Kerosene;
(iv) Deodorized kerosene;
(v) Rubber hydrocarbon solvent;
(vi) Methyl isobutyl ketone;
(vii) Mixed isomers of nitropropane;
(viii) Heptane;
(ix) Ethyl tertiary butyl ether (ETBE);
(x) Raffinate;
(xi) Naphtha; or
(xii) Any combination of the materials listed in (b)(1)(i) through
(xi) of this section; or
(2) Five gallons or more of Toluene; or
(3) One-eighth (\1/8\) of an ounce of denatonium benzoate N.F. and
2 gallons of isopropyl alcohol.
(c) Specifications. (1) Specifications for gasoline, unleaded
gasoline, kerosene, deodorized kerosene, rubber hydrocarbon solvent,
methyl isobutyl ketone, mixed isomers of nitropropane, heptane,
toluene, and isopropyl alcohol are found in part 21, subpart E, of this
chapter.
(2) Natural gasoline must meet the following specifications--
(i) Natural gasoline (drip gas) is a mixture of butane, pentane,
and hexane hydrocarbons extracted from natural gas; and
(ii) Distillation range: No more than 10 percent of the sample may
distill below 97 degrees Fahrenheit; at least 50 percent shall distill
at or below 156 degrees Fahrenheit; and at least 90 percent shall
distill at or below 209 degrees Fahrenheit.
(3) Raffinate must meet the following specifications--
(i) Octane (R+M/2): 66-70;
(ii) Distillation, in degrees Fahrenheit: 10 percent: 120-150
[deg]F; 50 percent: 144-180 [deg]F; 90 percent: 168-200 [deg]F; end
point: 216-285 [deg]F;
(iii) API Gravity: 76-82; and
(iv) Reid Vapor Pressure: 5-11.
(4) Naphtha must meet the following specifications--

[[Page 9169]]

(i) API Gravity @ 60/60 degrees Fahrenheit: 64-70 [deg]F;
(ii) Lb/Gal: 5.845-6.025;
(iii) Density: 0.7022-0.7238;
(iv) Reid Vapor Pressure: 8 P.S.I.A. Max.;
(v) Distillation in degrees Fahrenheit: I.B.P.: 85 [deg]F Max.; 10
percent: 130 [deg]F Max.; 50 percent: 250 [deg]F Max.; 90 percent: 340
[deg]F Max.; end point: 380 [deg]F;
(vi) Copper Corrosion: 1; and
(vii) Sabolt Color: 28 Min.
(d) Published list. The appropriate TTB officer periodically
publishes a list of materials that may be used to make spirits unfit
for beverage use in addition to those listed in paragraph (b) of this
section. The list can be found at http://www.ttb.treas.gov. The list
will specify the material name and quantity required to render spirits
unfit for beverage use.

(26 U.S.C. 5181)

Sec. 19.747 Other materials.

If a proprietor wishes to use a material to render spirits unfit
for beverage use that is not authorized under Sec. 19.746 or that is
not on the published list of materials, the proprietor may submit an
application for approval to the appropriate TTB officer. The
application must include the name of the material and the quantity of
material that the proprietor proposes to add to each 100 gallons of
spirits. The appropriate TTB officer may require the proprietor to
submit an 8-ounce sample of such material. The proprietor may not use
any proposed material until the appropriate TTB officer approves its
use. Any material that impairs the quality of the spirits for fuel use
will not be approved. The proprietor must retain as part of the records
available for inspection by appropriate TTB officers any application
approved by the appropriate TTB officer under this section.

(26 U.S.C. 5181)

Rules for Taking Samples

Sec. 19.749 Samples.

The following rules apply to the testing and analysis of samples of
spirits and fuel alcohol for purposes of this subpart:
(a) A proprietor may take samples of spirits and fuel alcohol for
on-site testing and analysis at the proprietor's alcohol fuel plant;
(b) A proprietor may not remove samples of spirits from the
premises of the alcohol fuel plant for testing and analysis;
(c) A proprietor may remove samples of fuel alcohol from the
premises of the alcohol fuel plant for testing and analysis at a
qualified laboratory;
(d) A proprietor of an alcohol fuel plant must account for all
samples in the record required by Sec. 19.718(b)(4); and
(e) A proprietor of an alcohol fuel plant must indicate on each
container that the spirits or fuel alcohol inside is a sample.

(26 U.S.C. 5181)

Marking Requirements

Sec. 19.752 Marks.

(a) Fuel alcohol. A proprietor of an alcohol fuel plant must place
a conspicuous and permanent warning mark or label on each container of
55 gallons or less of fuel alcohol that the proprietor will withdraw
from the plant premises. The proprietor must place the mark or label on
the head or side of the container and must use plain, legible letters.
The proprietor may place other marks or labels on the container if the
other marks or labels do not obscure the required warning. The required
warning is as follows:

WARNING
FUEL ALCOHOL
MAY BE HARMFUL OR
FATAL IF SWALLOWED

(b) Spirits. If a proprietor intends to transfer barrels, drums, or
similar portable containers of spirits to a distilled spirits plant
qualified under subpart D of this part, the proprietor must mark or
label each container. The proprietor must place the mark or label on
the head or side of the container and must use plain, legible letters.
The proprietor may place other marks or labels on the container if the
other marks or labels do not obscure the required marks or labels. The
required mark or label each container must contain the following
information:
(1) Quantity in wine gallons;
(2) Proof of the spirits;
(3) Name, address, and permit number of the alcohol fuel plant;
(4) The words ``Spirits--For Alcohol Fuel Use Only''; and
(5) The serial number of the container. Serial numbers must be
assigned as follows--
(i) Consecutively commencing with ``1'';
(ii) When the numbering system of any series reaches ``1,000,000''
the proprietor may begin the series again by adding an alphabetical
prefix or suffix to the series; and
(iii) When there is a change in proprietorship or a change in the
individual, firm, corporate name, or trade name, the series in use at
the time of the change may be continued.

(26 U.S.C. 5181, 5206)

Subpart Y--Paperwork Reduction Act

Sec. 19.761 OMB control numbers assigned under the Paperwork
Reduction Act.

(a) Purpose. This subpart displays the control numbers assigned to
information collection requirements in this part by the Office of
Management and Budget (OMB) under the Paperwork Reduction Act of 1995,
Public Law 104-13.
(b) Display. The following display identifies each section in this
part that contains an information collection requirement and the OMB
control number that is assigned to that information collection
requirement.

------------------------------------------------------------------------
Current OMB
Section where contained control No.
------------------------------------------------------------------------
19.11................................................... 1513-0088
19.13................................................... 1513-0048
19.26................................................... 1513-0048
19.27................................................... 1513-0048
19.28................................................... 1513-0048
19.33................................................... 1513-0048
19.35................................................... 1513-0048
19.37................................................... 1513-0048
19.54................................................... 1513-0048
19.55................................................... 1513-0048
1513-0081
19.56................................................... 1513-0048
19.59................................................... 1513-0013
19.60................................................... 1513-0013
1513-0048
19.71................................................... 1513-0048
19.72................................................... 1513-0048
19.73................................................... 1513-0048
19.74................................................... 1513-0048
19.75................................................... 1513-0048
19.76................................................... 1513-0048
19.77................................................... 1513-0046
1513-0048
19.78................................................... 1513-0014
1513-0048
19.79................................................... 1513-0048
19.91................................................... 1513-0040
19.92................................................... 1513-0040
19.93................................................... 1513-0040
19.94................................................... 1513-0040
19.95................................................... 1513-0040
19.97................................................... 1513-0040
19.112.................................................. 1513-0048
19.113.................................................. 1513-0048
19.113.................................................. 1513-0088
19.114.................................................. 1513-0048
19.115.................................................. 1513-0048
19.116.................................................. 1513-0013
1513-0048
1513-0088
19.117.................................................. 1513-0013
1513-0048
19.118.................................................. 1513-0013
1513-0048
19.119.................................................. 1513-0048
1513-0088
19.120.................................................. 1513-0048
1513-0088
19.121.................................................. 1513-0048
19.122.................................................. 1513-0048
19.123.................................................. 1513-0048
19.126.................................................. 1513-0040

[[Page 9170]]

19.127.................................................. 1513-0088
19.128.................................................. 1513-0040
19.129.................................................. 1513-0040
1513-0088
19.130.................................................. 1513-0040
1513-0088
19.131.................................................. 1513-0040
1513-0088
19.132.................................................. 1513-0013
1513-0040
1513-0088
19.133.................................................. 1513-0013
1513-0040
19.134.................................................. 1513-0013
1513-0040
1513-0088
19.135.................................................. 1513-0040
19.141.................................................. 1513-0013
1513-0044
19.142.................................................. 1513-0044
19.143.................................................. 1513-0013
1513-0044
19.154.................................................. 1513-0044
19.155.................................................. 1513-0013
19.156.................................................. 1513-0014
19.168.................................................. 1513-0013
19.170.................................................. 1513-0048
19.171.................................................. 1513-0048
19.172.................................................. 1513-0048
19.187.................................................. 1513-0080
19.189.................................................. 1513-0080
19.191.................................................. 1513-0080
19.192.................................................. 1513-0048
19.198.................................................. 1513-0048
19.201.................................................. 1513-0088
1513-0113
19.202.................................................. 1513-0113
19.203.................................................. 1513-0113
19.222.................................................. 1513-0045
1513-0088
19.225.................................................. 1513-0045
19.226.................................................. 1513-0045
19.226.................................................. 1513-0056
19.227.................................................. 1513-0045
19.230.................................................. 1513-0045
1513-0083
19.231.................................................. 1513-0045
19.233.................................................. 1513-0045
1513-0083
1513-0088
19.234.................................................. 1513-0045
1513-0083
1513-0088
19.235.................................................. 1513-0088
19.236.................................................. 1513-0083
1513-0088
19.237.................................................. 1513-0045
1513-0083
19.238.................................................. 1513-0045
1513-0083
19.239.................................................. 1513-0045
1513-0083
1513-0088
19.240.................................................. 1513-0045
1513-0083
1513-0088
19.242.................................................. 1513-0045
1513-0083
19.243.................................................. 1513-0045
19.246.................................................. 1513-0045
19.247.................................................. 1513-0045
19.248.................................................. 1513-0045
19.249.................................................. 1513-0045
19.253.................................................. 1513-0088
19.256.................................................. 1513-0045
19.257.................................................. 1513-0045
19.261.................................................. 1513-0048
19.262.................................................. 1513-0030
1513-0045
1513-0088
19.263.................................................. 1513-0030
1513-0045
1513-0088
19.264.................................................. 1513-0030
1513-0045
1513-0088
19.265.................................................. 1513-0030
1513-0088
19.266.................................................. 1513-0030
1513-0045
1513-0088
19.267.................................................. 1513-0045
1513-0088
19.268.................................................. 1513-0088
19.269.................................................. 1513-0030
1513-0045
19.281.................................................. 1513-0048
19.283.................................................. 1513-0056
19.284.................................................. 1513-0056
19.286.................................................. 1513-0056
19.287.................................................. 1513-0056
19.288.................................................. 1513-0056
19.289.................................................. 1513-0056
1513-0056
19.292.................................................. 1513-0044
19.293.................................................. 1513-0047
19.294.................................................. 1513-0047
19.295.................................................. 1513-0047
19.303.................................................. 1513-0056
19.305.................................................. 1513-0039
1513-0056
19.306.................................................. 1513-0056
19.307.................................................. 1513-0056
19.308.................................................. 1513-0047
19.309.................................................. 1513-0047
19.312.................................................. 1513-0056
19.322.................................................. 1513-0039
1513-0056
19.324.................................................. 1513-0039
1513-0056
19.327.................................................. 1513-0039
19.329.................................................. 1513-0039
19.331.................................................. 1513-0056
19.333.................................................. 1513-0056
19.343.................................................. 1513-0041
19.352.................................................. 1513-0048
19.353.................................................. 1513-0041
19.354.................................................. 1513-0088
19.357.................................................. 1513-0041
19.360.................................................. 1513-0041
1513-0056
19.362.................................................. 1513-0041
19.363.................................................. 1513-0041
19.371.................................................. 1513-0056
1513-0088
19.372.................................................. 1513-0048
1513-0056
1513-0088
19.381.................................................. 1513-0049
19.383.................................................. 1513-0056
19.384.................................................. 1513-0048
19.386.................................................. 1513-0049
19.387.................................................. 1513-0049
19.388.................................................. 1513-0048
19.389.................................................. 1513-0056
19.392.................................................. 1513-0048
19.393.................................................. 1513-0049
19.394.................................................. 1513-0056
19.402.................................................. 1513-0056
19.403.................................................. 1513-0038
19.404.................................................. 1513-0038
19.405.................................................. 1513-0038
1513-0056
19.406.................................................. 1513-0038
1513-0056
19.407.................................................. 1513-0056
19.411.................................................. 1513-0039
19.414.................................................. 1513-0056
19.419.................................................. 1513-0056
19.420.................................................. 1513-0048
19.425.................................................. 1513-0056
19.427.................................................. 1513-0056
19.431.................................................. 1513-0056
19.434.................................................. 1513-0048
1513-0056
19.435.................................................. 1513-0056
19.436.................................................. 1513-0045
1513-0083
19.441.................................................. 1513-0048
19.452.................................................. 1513-0030
1513-0056
19.454.................................................. 1513-0056
19.457.................................................. 1513-0056
19.459.................................................. 1513-0048
1513-0056
19.461.................................................. 1513-0045
19.462.................................................. 1513-0030
1513-0039
1513-0048
1513-0056
19.464.................................................. 1513-0030
1513-0045
19.465.................................................. 1513-0045
1513-0056
1513-0083
19.478.................................................. 1513-0080
19.487.................................................. 1513-0048
19.513.................................................. 1513-0020
19.571.................................................. 1513-0039
1513-0045
1513-0049
1513-0056
1513-0088
19.572.................................................. 1513-0049
19.573.................................................. 1513-0039
1513-0049
1513-0056
1513-0088
19.574.................................................. 1513-0039
1513-0045
1513-0049
1513-0056
1513-0088
19.575.................................................. 1513-0039
1513-0045
1513-0049
1513-0056
1513-0088
19.576.................................................. 1513-0039
1513-0045
1513-0049
1513-0056
1513-0088
19.577.................................................. 1513-0039
1513-0045
1513-0056

[[Page 9171]]

1513-0088
19.580.................................................. 1513-0039
1513-0045
1513-0049
1513-0088
19.581.................................................. 1513-0039
1513-0045
1513-0049
1513-0088
19.584.................................................. 1513-0047
19.585.................................................. 1513-0047
19.586.................................................. 1513-0047
19.590.................................................. 1513-0039
19.591.................................................. 1513-0039
19.592.................................................. 1513-0039
19.593.................................................. 1513-0039
19.596.................................................. 1513-0041
19.597.................................................. 1513-0041
19.598.................................................. 1513-0041
19.599.................................................. 1513-0041
19.600.................................................. 1513-0041
19.601.................................................. 1513-0041
19.602.................................................. 1513-0041
19.603.................................................. 1513-0041
19.604.................................................. 1513-0041
19.606.................................................. 1513-0049
19.607.................................................. 1513-0049
19.611.................................................. 1513-0045
1513-0088
19.612.................................................. 1513-0045
1513-0088
19.613.................................................. 1513-0045
19.614.................................................. 1513-0045
19.615.................................................. 1513-0045
19.616.................................................. 1513-0056
19.617.................................................. 1513-0056
19.618.................................................. 1513-0056
19.619.................................................. 1513-0056
19.620.................................................. 1513-0038
1513-0056
19.621.................................................. 1513-0056
19.623.................................................. 1513-0056
19.624.................................................. 1513-0041
19.626.................................................. 1513-0056
19.627.................................................. 1513-0044
19.632.................................................. 1513-0039
1513-0041
1513-0047
1513-0049
1513-0049
1513-0088
19.641.................................................. 1513-0081
19.643.................................................. 1513-0081
19.644.................................................. 1513-0081
19.645.................................................. 1513-0081
19.650.................................................. 1513-0081
1513-0088
19.665.................................................. 1513-0052
19.666.................................................. 1513-0052
19.667.................................................. 1513-0052
19.669.................................................. 1513-0088
19.670.................................................. 1513-0088
1513-0113
19.673.................................................. 1513-0051
19.675.................................................. 1513-0051
19.676.................................................. 1513-0014
1513-0051
19.677.................................................. 1513-0051
19.680.................................................. 1513-0051
19.683.................................................. 1513-0051
1513-0052
19.684.................................................. 1513-0051
19.685.................................................. 1513-0051
1513-0052
1513-0088
19.686.................................................. 1513-0051
1513-0088
19.687.................................................. 1513-0052
1513-0088
19.688.................................................. 1513-0051
1513-0088
19.689.................................................. 1513-0051
1513-0088
19.690.................................................. 1513-0051
1513-0088
19.692.................................................. 1513-0051
1513-0052
1513-0088
19.695.................................................. 1513-0052
19.709.................................................. 1513-0052
19.710.................................................. 1513-0052
19.714.................................................. 1513-0052
19.715.................................................. 1513-0052
1513-0088
19.716.................................................. 1513-0052
1513-0088
19.717.................................................. 1513-0052
19.718.................................................. 1513-0052
1513-0088
19.719.................................................. 1513-0052
19.720.................................................. 1513-0052
19.724.................................................. 1513-0052
19.727.................................................. 1513-0052
19.729.................................................. 1513-0052
19.733.................................................. 1513-0052
19.734.................................................. 1513-0052
19.735.................................................. 1513-0038
1513-0052
19.736.................................................. 1513-0052
19.739.................................................. 1513-0052
19.746.................................................. 1513-0052
19.747.................................................. 1513-0052
19.749.................................................. 1513-0052
1513-0052
19.752.................................................. 1513-0052
------------------------------------------------------------------------

PART 24--WINE

0
7. The authority citation for 27 CFR part 24 continues to read as
follows:

Authority: 5 U.S.C. 552(a); 26 U.S.C. 5001, 5008, 5041, 5042,
5044, 5061, 5062, 5121, 5122-5124, 5173, 5206, 5214, 5215, 5351,
5353, 5354, 5356, 5357, 5361, 5362, 5364-5373, 5381-5388, 5391,
5392, 5511, 5551, 5552, 5661, 5662, 5684, 6065, 6091, 6109, 6301,
6302, 6311, 6651, 6676, 7302, 7342, 7502, 7503, 7606, 7805, 7851; 31
U.S.C. 9301, 9303, 9304, 9306.

Sec. 24.226 [Amended]

0
8. In Sec. 24.226:
0
a. The first sentence is amended by removing the reference to ``27 CFR
19.510'' and adding, in its place, a reference to ``Sec. 19.407 of
this chapter''; and
0
b. The third sentence is amended by removing the reference to ``27 CFR
19.508'' and adding, in its place, a reference to ``Sec. 19.405 of
this chapter''.

Sec. 24.235 [Amended]

0
9. In Sec. 24.235, paragraph (a) is amended by removing the reference
to ``27 CFR 19.522(c)'' and adding, in its place, a reference to
``Sec. 19.233 of this chapter''.

PART 26--LIQUORS AND ARTICLES FROM PUERTO RICO AND THE VIRGIN
ISLANDS

0
10. The authority citation for 27 CFR part 26 continues to read as
follows:

Authority: 19 U.S.C. 81c; 26 U.S.C. 5001, 5007, 5008, 5010,
5041, 5051, 5061, 5111-5114, 5121, 5122-5124, 5131-5132, 5207, 5232,
5271, 5275, 5301, 5314, 5555, 6001, 6301, 6302, 6804, 7101, 7102,
7651, 7652, 7805; 27 U.S.C. 203, 205; 31 U.S.C. 9301, 9303, 9304,
9306.

Sec. 26.199f [Amended]

0
11. In Sec. 26.199f, paragraph (a) is amended by removing the
reference to ``27 CFR 19.562'' and adding, in its place, a reference to
``Sec. 19.462 of this chapter''.

Sec. 24.226 [Amended]

0
12. In Sec. 26.293, paragraph (a)(3) is amended by removing the
reference to ``subpart R'' and adding, in its place, a reference to
``subpart S''.

PART 28--EXPORTATION OF ALCOHOL

0
13. The authority citation for 27 CFR part 28 continues to read as
follows:

Authority: 5 U.S.C. 552(a); 19 U.S.C. 81c, 1202; 26 U.S.C. 5001,
5007, 5008, 5041, 5051, 5054, 5061, 5121, 5122, 5201, 5205, 5207,
5232, 5273, 5301, 5313, 5555, 6302, 7805; 27 U.S.C. 203, 205; 44
U.S.C. 3504(h).

Sec. 28.118 [Amended]

0
14. Section 28.118 is amended by removing the reference to ``subpart
U'' and adding, in its place, a reference to ``subpart Q''.

PART 30--GAUGING MANUAL

0
15. The authority citation for 27 CFR part 30 continues to read as
follows:

Authority: 26 U.S.C. 7805.

Sec. 30.31 [Amended]

0
16. In Sec. 30.31, paragraph (d) is amended by removing the reference
to ``Sec. 19.383'' and adding, in its place, a reference to ``Sec.
19.353 of this chapter''.

Sec. 30.52 [Amended]

0
17. Section 30.52 is amended by removing the reference to ``Sec.
19.722'' and adding, in its place, a reference to ``Sec. 19.582''.

[[Page 9172]]

PART 31--ALCOHOL BEVERAGE DEALERS

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18. The authority citation for 27 CFR part 31 continues to read as
follows:

Authority: 26 U.S.C. 5001, 5002, 5121, 5122-5124, 5131, 5132,
5206, 5207, 5273, 5301, 5352, 5555, 5603, 5613, 5681, 5687, 6061,
6065, 6071, 6091, 6103, 6109, 6723, 6724, 7805.

Sec. 31.45 [Amended]

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19. In Sec. 31.45, paragraph (b) is amended by removing the reference
to ``Sec. 19.58'' and adding, in its place, a reference to ``Sec.
19.5''.

Sec. 31.65 [Amended]

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20. In Sec. 31.65, paragraph (a) is amended by removing the reference
to ``Sec. 19.58'' and adding, in its place, a reference to ``Sec.
19.5''.

Signed: May 27, 2010.
John J. Manfreda,
Administrator.

Approved: September 23, 2010.
Timothy E. Skud,
Deputy Assistant Secretary (Regulatory, Tariff and Trade Enforcement).
[FR Doc. 2011-1956 Filed 2-15-11; 8:45 am]
BILLING CODE 4810-31-P