[Code of Federal Regulations] [Title 27, Volume 1] [Revised as of April 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 27CFR25.11] [Page 615-617] TITLE 27--ALCOHOL, TOBACCO PRODUCTS AND FIREARMS CHAPTER I--ALCOHOL AND TOBACCO TAX AND TRADE BUREAU, DEPARTMENT OF THE TREASURY PART 25--BEER--Table of Contents Subpart B--Definitions Sec. 25.11 Meaning of terms. When used in this part, where not otherwise distinctly expressed or manifestly incompatible with the intent thereof, terms have the meanings given in this section. [[Page 616]] Appropriate ATF officer. An officer or employee of the Bureau of Alcohol, Tobacco and Firearms (ATF) authorized to perform any functions relating to the administration or enforcement of this part by ATF Order 1130.10, Delegation Order--Delegation of the Director's Authorities in 27 CFR part 25, Beer. Balling. The percent by weight of dissolved solids at 60 deg.F. present in wort and beer, usually determined by a balling saccharometer. Bank. Any commercial bank. Banking day. Any day during which a bank is open to the public for carrying on substantially all its banking functions. Barrel. When used as a unit of measure, the quantity equal to 31 U.S. gallons. When used as a container, a consumer package or keg containing a quantity of beer listed in Sec. 25.156, or other size authorized by the appropriate ATF officer. Beer. Beer, ale, porter, stout, and other similar fermented beverages (including sake or similar products) of any name or description containing one-half of one percent or more of alcohol by volume, brewed or produced from malt, wholly or in part, or from any substitute for malt. Bottle. A bottle, can or similar container. Bottling. The filling of bottles, cans, and similar containers. Brewer. Any person who brews beer (except a person who produces only beer exempt from tax under 26 U.S.C. 5053(e)) and any person who produces beer for sale. Brewery. The land and buildings described in the Brewer's Notice, Form 5130.10, where beer is to be produced and packaged. Brewing. The production of beer for sale. Business day. The 24-hour cycle of operations in effect at the brewery and described on the Brewer's Notice, Form 5130.10. Calendar quarter. A 3-month period during the year as follows: January 1 through March 31; April 1 through June 30; July 1 through September 30; and October 1 through December 31. Cereal beverage. A beverage, produced either wholly or in part from malt (or a substitute for malt), and either fermented or unfermented, which contains, when ready for consumption, less than one-half of 1 percent of alcohol by volume. Commercial bank. A bank, whether or not a member of the Federal Reserve System, which has access to the Federal Reserve Communications System (FRCS) or Fedwire. The ``FRCS'' or ``Fedwire'' is 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. Concentrate. Concentrate produced from beer by the removal of water under the provisions of subpart R of this part. The processes of concentration of beer and reconstitution of beer are considered authorized processes in the production of beer. Director. The Director, Bureau of Alcohol, Tobacco and Firearms, the Department of the Treasury, Washington, DC. Director of the service center. A Director of an Internal Revenue Service Center. District Director. A district director of internal revenue. Electronic fund transfer or EFT. Any transfer of funds made by a brewer's commercial bank, either directly or through a correspondent banking relationship, via the Federal Reserve Communications System (FRCS) or Fedwire to the Treasury Account at the Federal Reserve Bank of New York. Executed under penalties of perjury. Signed with the prescribed declaration under the penalties of perjury as provided on or with respect to the return, claim, form, or other document or, when no form of declaration is prescribed, with the declaration: ``I declare under the penalties of perjury that this------(insert type of document such as statement, report, certificate, application, claim, or other document), including the documents submitted in support thereof, has been examined by men and, to the best of my knowledge and belief, is true, correct and complete.'' [[Page 617]] Fiscal year. The period which begins October 1 and ends on the following September 30. Gallon. The liquid measure containing 231 cubic inches. Losses. Known quantities of beer lost due to breakage, casualty, or other unusual cause. Package. A bottle, can, keg, barrel, or other original consumer container. Packaging. The filling of any package. Person. An individual, trust, estate, partnership, association, company, or corporation. Racking. The filling of kegs or barrels. Removed for consumption or sale. Except when used with respect to beer removed without payment of tax as authorized by law, (a) the sale and transfer of possession of beer for consumption at the brewery, or (b) any removal of beer from the brewery. Secretary. The Secretary of the Treasury or his or her delegate. Service center. An Internal Revenue Service Center in any of the Internal Revenue regions. Shortage. An unaccounted for discrepancy (missing quantity) of beer disclosed by physical inventory. This chapter. Title 27, Code of Federal Regulations, Chapter I (27 CFR Chapter I). Treasury account. The Department of the Treasury's General Account at the Federal Reserve Bank of New York. U.S.C. The United States Code. Wort. The product of brewing before fermentation which results in beer. [T.D. ATF-224, 51 FR 7673, Mar. 5, 1986, as amended by T.D. ATF-345, 58 FR 40357, July 28, 1993; T.D. ATF-437, 66 FR 5478, Jan. 19, 2001]