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Electronic Code of Federal Regulations

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e-CFR Data is current as of September 12, 2014

Title 27Chapter ISubchapter APart 19


TITLE 27—Alcohol, Tobacco Products and Firearms

CHAPTER I—ALCOHOL AND TOBACCO TAX AND TRADE BUREAU, DEPARTMENT OF THE TREASURY

SUBCHAPTER A—ALCOHOL

PART 19—DISTILLED SPIRITS PLANTS

rule
§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.
rule

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
Alternate methods or procedures.
§19.27
Application for and use of alternate 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.
rule

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.
rule

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.
§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.
rule

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.
rule

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
Change 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.
rule

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.
rule

Subpart H—DEALER REGISTRATION AND RECORDKEEPING

§19.201
Definitions.
§19.202
Dealer registration.
§19.203
Amending the dealer registration.
§19.204
Dealer records.
rule

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.
rule

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.
rule

Subpart K—GAUGING

§19.281
Scope.
§19.282
General requirements for gauging and measuring equipment.

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.
rule

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.
rule

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.
rule

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.
rule

Subpart O—DENATURING OPERATIONS AND MANUFACTURE OF ARTICLES

§19.381
General.
§19.382
Formulas.

Rules for Denaturing Spirits and Testing Denaturants

§19.383
Gauging 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.
rule

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 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 Samples 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.
rule

Subpart Q—RETURN OF SPIRITS TO BONDED PREMISES AND VOLUNTARY DESTRUCTION

§19.451
Scope.

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.
rule

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.
rule

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.
rule

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.
rule

Subpart U—[RESERVED]

rule

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° of proof.
§19.593
Tank summary record for spirits of 190° 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 record.
§19.619
Package gauge record.
§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.
rule

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.
rule

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.
§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
Changes 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.
rule

Subpart Y—PAPERWORK REDUCTION ACT

§19.761
OMB control numbers assigned under the Paperwork Reduction Act.


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