Page:United States Statutes at Large Volume 49 Part 1.djvu/2011

 1966 Proviso. Exemptions. Juri sdic tion of suits to enjoin, etc ., action. Right to use specified names or brands. Ante, p. 982. Standards of ide n- tity, quality, etc. Ante, p. 987. U . S. C ., Supp. I, p.195. Mitigat ion of for fei- tures, compromising of cases, claims, etc . Effecti ve dates. 74 TH CONGRESS. SESS. II. CH. 830. JUNE 26, 1936. and has in his possession a certificate of label approval covering the distilled spirits, wine, o r malt beverages, issued by the Administrator in such manner and form as he shall by regulations prescribe : Pr ovid ed, That any such bottler of distilled spirits, or producer, blender, or wholesaler of wine, or proprietor of a bonded wine storeroom, or brewer or wholesaler of malt beverages shall be exempt from the requirements of this subsection if, upon application to the Adminis- trator, he shows to the satisfaction of the Administrator that the distilled spirits, wine, or malt beverages to be bottled by the applicant are not to be sold, or offered for sale, or shipped or delivered for ship- ment, or otherwise introduced, in interstate or foreign commerce. Officers of internal revenue are authorized and directed to withhold the release of distilled spirits from the bottling plant unless such certificates have been obtained, or unless the application of the bottler for exemption has been granted by the Administrator ; and customs officers are authorized and directed to withhold the release from customs custody of distilled spirits, wine, and malt beverages, unless such certificates have been obtained. The District Courts of the United States, the Supreme Court of the District of Columbia, and the United States court for any Territory shall have jurisdiction of suits to enjoin, annul, or suspend in whole or in part any final action by the Administrator upon any application under this subsection ; or" . S E C . 5 06 . The sec ond proviso of section 5 (e) of the Federal Alcohol Administration Act is amended to read as follows : "Pr ovid ed f urt her, That nothing herein nor any decision, ruling, regulation or other ac- tion o f any De partmen t of the Govern ment or officia l there of shall deny the right of any person to use wholly or in part the wine names or brands Port, Sherry, Burgundy, Sauterne, Haut Sauterne, Rhine (Hock), Moselle, Chianti, Chablis, Tokay, Malaga, Madeira, Mar- sala, Claret , Vermo uth, Bar bera, C abernet, Saint Julien, Rieslin g, Zinfandel, Medoc, or Cognac, or any other geographic name of foreign origin (except Champagne), upon any of the foregoing produced in the United States if of the same type and the use of such name or brand is qualified by the name of the State or other locality in the United States in which the product is produced, and, in the case of the use of such name or brand on any label or in any advertisement, if such qualifica- tion is as conspicuous as such name or brand : And provided further, That except as herein expressly provided as to said names or brands, nothing in this section shall be held in any wise to affect or abridge any of the powers granted to the Federal Alcohol Administration to provide standa rds of identity, quality, labeling, or other regul ations. " SEC. 507. Section 9 of the Federal Alcohol Administration Act (U. S. C., 1934 ed., Supp. I, title 27, sec. 209) is amended by adding at the end thereof the following new subsection : "(e) Nothing in this section shall affect the authority of the Secretary of the Treasury, under the customs or internal-revenue laws, to remit or mitigate the forfeiture, or alleged forfeiture, of such distilled spirits, wines, or malt beverages, or the authority of the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, to compromise any civil or criminal case in respect of such distilled spirits, wines, or malt beverages prior to commence- ment of suit thereon, or the authority of the Secretary of the Treasury to c ompromis e any c laim und er the customs laws in respect of suc h distilled spirits, wines, or malt beverages ." SEC . 508 . This title, except sections 502, 505, and 507, shall take effect when a majority of the members of the Federal Alcohol Adm inistra tion fir st appo inted un der the provis ions of section 502 qualify and ta ke office . Approved, June 26, 1936.