Lapas attēli
PDF
ePub

proof than 160.

Spirits of less the purpose of denaturation, under the provisions of this title.

States, etc.

Alcohol may be withdrawn, under regulations, from any industrial plant or bonded warehouse tax free by the Withdrawal by United States or any governmental agency thereof, or by United States, the several States and Territories or any municipal subdivision thereof or by the District of Columbia, or for the use of any scientific university or college of learning, any laboratory for use exclusively in scientific research, or for use in any hospital or sanatorium.

Permits.

alties.

But any person permitted to obtain alcohol tax free, except the United States and the several States and Territories and subdivisions thereof, and the District of Columbia, shall first apply for and secure a permit to purchase the same and give the bonds prescribed under title II of this Act, but alcohol withdrawn for nonbeverage purposes for use of the United States and the several States, Territories and subdivisions thereof, and the District of Columbia may be purchased and withdrawn subject only to such regulations as may be prescribed.

GENERAL PROVISIONS.

Additional pen- SEC. 12. The penalties provided in this title shall be in addition to any penalties provided in title 2 of this Act, unless expressly otherwise therein provided.

Regulations.

Refunds in case of losses.

Penalties.

SEC. 13. The commissioner shall from time to time issue regulations respecting the establishment, bonding, and operation of industrial alcohol plants, denaturing plants, and bonded warehouses authorized herein, and the distribution, sale, export, and use of alcohol which may be necessary, advisable, or proper, to secure the revenue, to prevent diversion of the alcohol to illegal uses, and to place the nonbeverage alcohol industry and other industries using such alcohol as a chemical raw material or for other lawful purpose upon the highest possible plane of scientific and commercial efficiency consistent with the interests of the Government, and which shall insure an ample supply of such alcohol and promote its use in scientific research and the development of fuels, dyes, and other lawful products.

SEC. 14. Whenever any alcohol is lost by evaporation or other shrinkage, leakage, casualty, or unavoidable cause during distillation, redistillation, denaturation, withdrawal, piping, shipment, warehousing, storage, packing, transfer, or recovery, of any such alcohol the commissioner may remit or refund any tax incurred under existing law upon such alcohol, provided he is satisfied that the alcohol has not been diverted to any illegal use: Provided, also, That such allowance shall not be granted if the person claiming same is indemnified against such loss by a valid claim of insurance.

SEC. 15. Whoever operates an industrial alcohol plant or a denaturing plant without complying with the provisions of this title and lawful regulations made there

under, or whoever withdraws or attempts to withdraw or secure tax free any alcohol subject to tax, or whoever otherwise violates any of the provisions of this title or of regulations lawfully made thereunder shall be liable, for the first offense, to a penalty of not exceeding $1,000, or imprisonment not exceeding thirty days, or both, and for a second or cognate offense to a penalty of not less than $100 nor more than $10,000, and to imprisonment of not less than thirty days nor more than one year. It shall be lawful for the commissioner in all cases of second or cognate offense to refuse to issue for a period of one year a permit for the manufacture or use of alcohol upon the premises of any person responsible in any degree for the violation.

SEC. 16. Any tax payable upon alcohol under existing law may be collected either by assessment or by stamp as regulations shall provide; and if by stamp, regulations shall issue prescribing the kind of stamp to be used and the manner of affixing and canceling the same.

tax.

Collection of

seized property.

SEC. 17. When any property is seized for violation of Release of this title it may be released to the claimant or to any intervening party, in the discretion of the commissioner, on a bond given and approved.

provisions of in

SEC. 18. All administrative provisions of internal- Administrative revenue law, including those relating to assessment, col- ternal - revenue lection, abatement, and refund of taxes and penalties, and law applicable. the seizure and forfeiture of property, are made applicable to this title in so far as they are not inconsistent with the provisions thereof.

SEC. 19. All prior statutes relating to alcohol as defined in this title are hereby repealed in so far as they are inconsistent with the provisions of this title.

SEC. 20. That it shall be unlawful to import or introduce into the Canal Zone, or to manufacture, sell, give away, dispose of, transport, or have in one's possession or under one's control within the Canal Zone, any alcoholic, fermented, brewed, distilled, vinous, malt, or spirituous liquors, except for sacramental, scientific, pharmaceutical, industrial, or medicinal purposes, under regulations to be made by the President, and any such liquors within the Canal Zone in violation hereof shall be forfeited to the United States and seized: Provided, That this section shall not apply to liquor in transit through the Panama Canal or on the Panama Railroad.

Repeal of laws.

Canal Zone,

prisonment.

That each and every violation of any of the provisions Fine and imof this section shall be punished by a fine of not more than $1,000 or imprisonment not exceeding six months for a first offense, and by a fine not less than $200 nor more than $2,000 and imprisonment not less than one month nor more than five years for a second or subsequent offense.

That all offenses heretofore committed within the Canal Zone may be prosecuted and all penalties therefor

140184°-20-24

enforced in the same manner and to the same extent as if this act had not been passed.

SEC. 21. Titles I and III and sections 1, 27, 37, and 38 of title II of this Act shall take effect and be in force from and after the passage and approval of the Act. The other sections of title II shall take effect and be in force from and after the date when the eighteenth amendment of the Constitution of the United States goes into effect.

[blocks in formation]

Effective date of provisions.

Passage over

The President of the United States having returned to President's veto. the House of Representatives, in which it originated, the bill (H. R. 6810) entitled "An Act to prohibit intoxicating beverages, and to regulate the manufacture, production, use, and sale of high-proof spirits for other than beverage purposes, and to insure an ample supply of alcohol and promote its use in scientific research and in the development of fuel, dye, and other lawful industries," with his objections thereto, the House proceeded in pursuance of the Constitution to reconsider the same; and Resolved, That the said bill pass, two-thirds of the House of Representatives agreeing to pass the same. Attest:

WM. TYLER PAGE

Clerk.

IN THE SENATE OF THE UNITED STATES, Legislative Day, October 22, 1919, Calendar Day October 28, 1919. The Senate having proceeded to reconsider the bill (H. R. 6810) "An Act to prohibit intoxicating beverages, and to regulate the manufacture, production, use, and sale of high-proof spirits for other than beverage purposes, and to insure an ample supply of alcohol and promote its use in scientific research and in the development of fuel, dye, and other lawful industries," returned by the President of the United States to the House of Representatives, in which it originated, with his objections, and passed by the House on a reconsideration of the same, it was

RESOLVED, That the said bill pass, two-thirds of the
Senators present having voted in the affirmative.
Attest:

3:40 P. M.

GEORGE A. SANDERSON
Secretary.

Sec.

CHAPTER EIGHT.

TOBACCO AND SNUFF.

[blocks in formation]

Bond and certificate; penalties. 3356. Sign to be put up by manufacturer; penalty for omission. 3357 (amended). Record of manufac

turers to be kept by collector. 3358. Annual inventory. Books and monthly abstracts. Taxes on cigars, cigarettes, and size of packages of tobacco; penalty. 3244 (amended). Subsection 6. Dealers in leaf tobacco defined. 26. Act of October 1, 1890. Registry. 3359. Dealers in leaf tobacco to render statement of sales when demanded. Examination of books.

3360 (amended). Books of dealer in leaf tobacco; penalty.

3361. (Repealed by section 69, act August 27, 1894.)

34. Act of August 5, 1909. Effective date of certain sections.

3362 (amended). Tobacco and snuff, how put up.

3363 (amended). Tobacco and snuff to be sold only in prescribed packages; penalty. Exception. 3364 (amended). Caution label; penalty.

[blocks in formation]

Sec.

3370. Tobacco manufactured by one person for another or on shares; fraud in such cases; penalty.

3371 (amended). Assessment of tax on tobacco, snuff, and cigars removed without stamps.

3372. Removing unlawfully, selling without stamps, or payment of tax, or giving bond, making false entries; forfeiture. 3373. Absence of stamp evidence of nonpayment; forfeiture. 3374. Removing, except in proper packages or without stamp, selling unlawfully, etc.; penalty. 3375. Affixing false stamps or stamps before used; penalty.

3376. Stamps on empty packages to be destroyed; buying, selling, or using the same; penalty.

3377 (amended). Imported tobacco and snuff; also scraps, cuttings, and clippings. (Obsolete.)

3378. 3379. (Obsolete.) 3380. (Obsolete.)

[blocks in formation]

Manufacturers

of

fined.

tobacco

de

Retail leaf

dealers when re

facturers.

SEC. 69. [Act of August 27, 1894 (28 Stat., 509).] Every person whose business it is to manufacture tobacco or snuff for himself, or who employs others to manufac ture tobacco or snuff, whether such manufacture be by cutting, pressing, grinding, crushing, or rubbing of any raw or leaf-tobacco, or otherwise preparing raw or leaf tobacco, or manufactured or partially manufactured tobacco or snuff, or the putting up for use or consumption of scraps, waste, clippings, stems, or deposits of tobacco resulting from any process of handling tobacco, or by the working or preparation of leaf tobacco, tobacco stems, scraps, clippings, or waste, by sifting, twisting, screening, or any other process, shall be regarded as a manufacturer of tobacco.

Every person shall also be regarded as a manufacturer garded as manu- of tobacco whose business it is to sell leaf tobacco in quantities less than a hogshead, case, or bale; or who sells directly to consumers, or to persons other than duly registered dealers in leaf tobacco, or duly registered manufacturers of tobacco, snuff or cigars, or to persons who purchase in packages for export; and all tobacco so sold by such persons shall be regarded as manufactured tobacco, and such manufactured tobacco shall be put up and prepared by such manufacturer in such packages only as the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, shall prescribe: and Provided, That farmers and growers of tobacco who sell leaf tobacco of their own growth and raising shall not be regarded as manufacturers of tobacco; and so much of section three thousand two hundred and forty-four of the Revised Statutes of the United States, and acts amendatory thereof, as are in conflict with this Act, are hereby repealed:

Farmers

growers.

upon farmers

[blocks in formation]

That section thirty-three hundred and sixty-one of the Revised Statutes is hereby repealed.

Special taxes on manufacturers of tobacco imposed by section 701 (a), act of February 24, 1919, see p. 381. Restrictions SEC. 27. [Act of October 1, 1890 (26 Stat., 618), as removed. amended by sec. 69, act of August 27, 1894 (28 Stat., 509).] That all provisions of the statutes imposing restrictions of any kind whatsoever upon farmers and growers of tobacco in regard to the sale of their leaf tobacco, and the keeping of books, and the registration and report of their sales of leaf tobacco, or imposing any tax on account of such sales are hereby repealed.

Manufacturer's

statement, bond,

SEC. 3355. [Amended by sec. 14, act of March 1, 1879 and certificates. (20 Stat., 327).] Every person, before commencing, or, if he has alredy commenced, before continuing, the manufacture of tobacco or snuff, shall furnish, without previous demand therefor, to the collector of the district where Statement the manufacture is to be carried on, a statement in duplicate, subscribed under oath, setting forth the place, and

Form 36.

« iepriekšējāTurpināt »