1513-0063 Laws and Regs

-5-

1513-0063

26 U.S.C.

Sec. 5101. - Notice of manufacture of still; notice of set up of still

(a) Notice requirements

(1) Notice of manufacture of still

The Secretary may, pursuant to regulations, require any person who manufactures any still, boiler, or other vessel to be used for the purpose of distilling, to give written notice, before the still, boiler, or other vessel is removed from the place of manufacture, setting forth by whom it is to be used, its capacity, and the time of removal from the place of manufacture.

(2) Notice of set up of still

The Secretary may, pursuant to regulations, require that no still, boiler, or other vessel be set up without the manufacturer of the still, boiler, or other vessel first giving written notice to the Secretary of that purpose.

(b) Penalties, etc.

(1) For penalty and forfeiture for failure to give notice of manufacture, or for setting up a still without first giving notice, when required by the Secretary, see sections 5615(2) and 5687.

(2) For penalty and forfeiture for failure to register still or distilling apparatus when set up, see section 5601(a)(1) and 5615(1)

Sec. 5179. - Registration of stills

(a) Requirements

Every person having in his possession or custody, or under his control, any still or distilling apparatus set up, shall register such still or apparatus with the Secretary immediately on its being set up, by subscribing and filing with the Secretary a statement, in writing, setting forth the particular place where such still or distilling apparatus is set up, the kind of still and its capacity, the owner thereof, his place of residence, and the purpose for which said still or distilling apparatus has been or is intended to be used (except that stills or distilling apparatus not used or intended to be used for the distillation, redistillation, or recovery of distilled spirits are not required to be registered under this section).

(b) Cross references

(1) For penalty and forfeiture provisions relating to unregistered stills, see sections 5601(a)(1) and 5615(1).

(2) For provisions requiring notification to set up a still, boiler, or other vessel for distilling, see section 5101(a)(2)

27 CFR

Sec. 29.47 Notice requirement; manufacture of stills.

(a) General. When required by letter issued by the appropriate TTB

officer and until notified to the contrary by the appropriate TTB

officer, every person who manufactures any still, boiler (double or pot

still), condenser, or other apparatus to be used for the purpose of

distilling shall give written notice before the still or distilling

apparatus is removed from the place of manufacture.

(b) Preparation. The notice will be prepared in letter form,

executed under the penalties of perjury, and show the following

information:

(1) The name and address of the manufacturer;

(2) The name and complete address of the person by whom the

apparatus is to be used, and of any other person for, by, or through

whom the apparatus is ordered or disposed of;

(3) The distilling purpose for which the apparatus is to be used

(distillation of spirits, redistillation of spirits or recovery of

spirits, including denatured spirits and articles containing spirits or

denatured spirits);

(4) The manufacturer's serial number of the apparatus;

(5) The type and kind of apparatus;

(6) The distilling capacity of the apparatus; and

(7) The date the apparatus is to be removed from the place of

manufacture.

(c) Filing. The notice will be filed in accordance with the

instructions in the letter of the appropriate TTB officer. A copy of the notice will be retained at the place of manufacture as provided by Sec. 29.59.

(Approved by the Office of Management and Budget under control number

1513-0063)

(Sec. 843, Pub. L. 98-369, 98 Stat. 818 (26 U.S.C. 5101))

[T.D. ATF-207, 50 FR 23682, June 5, 1985; 50 FR 28572, July 15, 1985;

T.D. ATF-439, 66 FR 8769, Feb. 2, 2001]

Sec. 29.49 Notice requirement; setup of still.

(a) General. When required by letter issued by the appropriate TTB

officer, no still, boiler (double or pot still), condenser, or other

distilling apparatus may be set up without the manufacturer of the still or distilling apparatus first giving written notice of that purpose.

(b) Preparation. The notice will be prepared by the manufacturer in

letter form, executed under the penalties of perjury, and will contain

the information specified in the letter of the appropriate TTB officer.

(c) Filing. The notice will be filed in accordance with the

instructions in the letter of the appropriate TTB officer. A copy of the notice will be retained at the manufacturer's place of business as

provided by Sec. 29.59.

(Approved by the Office of Management and Budget under control number

1513-0063)

(Sec. 843, Pub. L. 98-369, 98 Stat. 818 (26 U.S.C. 5101))

[T.D. ATF-207, 50 FR 23682, June 5, 1985, as amended by T.D. ATF-439, 66 FR 8769, Feb. 2, 2001]

Sec. 29.55 Registry of stills and distilling apparatus.

(a) General. Every person having possession, custody, or control of

any still or distilling apparatus set up shall, immediately on its being set up, register the still or distilling apparatus, except that a still or distilling apparatus not used or intended for use in the

distillation, redistillation, or recovery of distilled spirits is not

required to be registered. Registration may be accomplished by

describing the still or distilling apparatus on the registration or

permit application prescribed in this chapter for qualification under 26 U.S.C. chapter 51 or, if qualification is not required under 26 U.S.C. chapter 51, on a letter application, and filing the application with the appropriate TTB officer. Approval of the application by the appropriate TTB officer will constitute registration of the still or distilling apparatus.

(b) When still is set up. A still will be regarded as set up and

subject to registry when it is in position over a furnace, or connected

with a boiler so that heat may be applied, irrespective of whether a

condenser is in position. This rule is intended merely as an

illustration and should not be construed as covering all types of stills or condensers requiring registration.

(c) Change in location or ownership. Where any distilling apparatus

registered under this section is to be removed to another location, sold or otherwise disposed of, the registrant shall, prior to the removal or disposition, file a letter notice with the appropriate TTB officer. The letter notice will show the intended method of disposition (sale, destruction, or othewise), the name and complete address of the person to whom disposition will be made, and the purpose for which the

apparatus will be used. After removal, sale, or other disposal, the

person having possession, custody, or control of any distilling

apparatus intended for use in distilling shall immediately register the

still or distilling apparatus on its being set up or, if already set up, immediately on obtaining possession, custody, or control. The registrant shall also comply with the procedures prescribed in this chapter for amendment of the registration or permit application.

(Approved by the Office of Management and Budget under control number

1513-0063)

(Sec. 201, Pub. L. 85-859, 72 Stat. 1355, as amended (26 U.S.C. 5179))

[T.D. ATF-207, 50 FR 23682, June 5, 1985; 50 FR 28572, July 15, 1985; 50 FR 30821, July 30, 1985, as amended by T.D. ATF-439, 66 FR 8770, Feb. 2, 2001]

Sec. 29.59 Records.

A copy of each notice of manufacture, or set up, of still required

under the provisions of Sec. 29.47, or 29.49, shall be maintained, in

chronological order, by the manufacturer at the premises where the still or distilling apparatus is manufactured. In addition, each manufacturer or vendor of stills shall maintain at their premises a record showing all stills and distilling apparatus (including those to be used for purposes other than distilling) manufactured, received, removed, or otherwise disposed of. The record will also show the name and address of the purchaser and the purpose for which each apparatus is to be used. Any commercial document on which all the required information has been recorded may be used for the record. The records will be kept available for a period of three years for inspection by appropriate TTB officers.

(Approved by the Office of Management and Budget under control number

1513-0063)

[T.D. ATF-207, 50 FR 23682, June 5, 1985, as amended by T.D. ATF-439, 66 FR 8770, Feb. 2, 2001]