Page:United States Statutes at Large Volume 48 Part 1.djvu/43

 73d CONG RESS. SESS. I. CH. 4. MARCH 22, 1933 . per centum of alcohol by weight : Beer, ale, porter, wine, similar fermented malt or vinous liquor, or fruit juice. SEC. 2. The second, third, and fourth paragraphs of section 37 of Title II of th e National Pr ohibition Act, as amended a nd supple- mented (U. S . C ., title 27, sees . 58, 59, and 60), are hereby repealed. SEC. 3. (a) Nothing in the National Prohibition Act, as amended and supplemented, shall apply to any of the following, or to any act or failure to act in respect of any of the following, containing not more than 3 .2 per centuin of alcohol by weight : Beer, ale, porter, wine, similar fermented malt or vinous liquor, or fruit juice ; but the National Prohibition Act, as amended and supplemented, shall apply to any of the foregoing, or to any act or failure to act in respect of any of the foregoing, contained in bottles, casks, barrels, kegs, or other containe rs, not label ed and sealed as may be pre scribed by regulations. (b) The followin g Acts and pa rts of Acts sh all be subjec t to a like li mitatio n as to their applic ation (1) The Act entitled "An Act to prohibit the sale, manufacture, and importation of intoxicating liquors in the Territory of Hawaii during the period of the war, except as hereinafter provided," approved May 23, 1918 (U. S. C., title 48, sec. 520) ; (2) Section 2 of the Act entitled "An Act to provide a civil gov- ernment for Porto Rico, and for other purposes," approved March 2, 1917 ; (3) Th e Act entitl ed "A n Act to pro hibit the m anufac ture or sale of alcoholic liquors in the Territory of Alaska ., and for other purposes," approved February 14, 1917 (U . S . C ., title 48, sees . 261 to 291, both inclusive). (c) Nothing in section 5 of the Act entitled "An Act making appropriations for the service of the Post Office Department for the fiscal year ending June 30, 1918, and for other purposes," approved March 3, 1917, as amended and supplemented (U . S . C ., title 18, sec . 341 ; Supp . VI, title 18, sec . 341), shall prohibit the deposit in or carriage by the mails of the United States, or the delivery by any postmaster or letter carrier, of any mail matter containing any adver- tisement of, or any solicitation of an order or orders for, any of the following containing not more than 3 .2 per centum of alcohol by weight : Beer, ale, porter, wine, similar fermented malt or vinous liquor, or fruit juice. SEC. 4. (a) The manufacturer for sale of beer, ale, porter, wine, similar fermented malt or vinous liquor, or fruit juice, containing one-half of 1 per centum of alcohol by volume and not more than 3.2 per centum of alcohol by weight, shall, before engaging in business, secure a permit authorizing him to engage in such manu- facture, which permit shall be obtained in the same manner asa permit under the National Prohibition Act, as amended and supple- mented, to manufacture intoxicating liquor, and be subject to all the provisions of law relating to such a permit. Such permit may be issued to a manufacturer for sale of any such fermented malt or vinous liquor or fruit juice, containing less than one-half of 1 per centum of alcohol by volume, if he desires to take advantage of the provisions of paragraph (2) of subsection (b) of this section. No permit shall be issued under this section for the manufacture of ferment ed malt or vin ous li quor or fruit juice in any State, Territ ory, or the District of Columbia, or political subdivision of any State or Territory, if such manufacture is prohibited by the law thereof. (b) (1) Such permit shall specify a maximum alcoholic content permissible for such fermented malt or vinous liquor or fruit juice at the time of withdrawal from the factory or other disposition, 8G637'-31-2 National Prohibition Act. Cer tain pro vis io ns repealed. Vol .41,p.318. U .S .C .,p.860. Acts not affected by. Post, p. 430. Application to con- tainers, not lab ele d. etc. Limitation of applica- tio n further ex tended . Hawaii. Vol. 40, p. 560. U.S.C.,p.1601. Post, p. 467. Puerto Rico. Vol.39, p . 951 . U.S.C., p . 1616. Alaska. Vol. 39, p. 903. U.S.C., p. 1580. Post, p. 583. 17 Advertisement, etc., by mail. Vol. 39, p. 1069; Vol. 41,p.313. U.S.C., p. 488; Supp. VI, p. 242. Post, p . 316. Permits to manufac- ture, etc. lfcontainlng less than onehalfof1percent. Issue forbidden if local laws prohibit. Specifications of per- mit.