Page:United States Statutes at Large Volume 68A.djvu/681

 CH. 51—DISTILLED SPIRITS, WINES, AND BEER

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or by any other process, separate the alcoholic spirits from any fermented mash, wort, or wash; and no person shall use spirits or alcohol in manufacturing vinegar or any other article, or in any process of manufacture whatever, unless the spirits or alcohol so used shall have been produced in an authorized distillery and (except in the case of vinegar) the tax thereon paid or determined as provided by law. Nothing in this section shall be construed to apply to fermented liquors, or to fermented liquids used for the manufacture of vinegar exclusively. B u t no worm, goose-neck, pipe, conductor, or contrivance of any description whatsoever whereby vapor might in any manner be conveyed away and converted into distUled spirits, shall be used or employed or be fastened to or connected with any vaporizing apparatus used for the manufacture of vinegar; nor shall any worm be permitted on or near the premises where such vaporizing process is carried on. I t shall be lawful for manufacturers of vinegar to separate, by a vaporizing process, the alcoholic property from the mash produced by them, and condense the same by introducing it into the water or other liquid used in making vinegar. (2) No person, however, shall remove, or cause to be removed, from any vinegar factory or place where vinegar is made, any vinegar or other fluid or material containing a greater proportion than 2 percent of proof spirits. (3) Section 5196(b), (c), and (d) shall apply to all premises on which vinegar is manufactured and to all manufacturers of vinegar and their workmen or other persons employed by them. (4) Notwithstanding paragraph (1), when authorized by regulations prescribed by the Secretary or his delegate, fermented material may be removed from a distillery before being distilled if made and fermented in carrying on a business (other than distilling) authorized by regulations prescribed under section 5171(a). (b)

PENALTY.—

For penalty for violation of subsection (a), see section 5608. SEC. 5217. EXEMPTIONS RELATING TO NATIONAL EMERGENCY TRANSFERS. (a) TRANSFERS OF DISTILLED SPIRITS.—Under regulations prescribed by the Secretary or his delegate, distUled spirits of any proof including alcohol (the term "distilled spirits" or "spirits" as hereinafter used in this section shall include alcohol) may be removed in bond in approved containers and pipelines from any registered distillery including a registered fruit distUlery (such registered distillery and registered fruit distillery hereinafter referred to in this section as "distillery"), internal revenue bonded warehouse, industrial alcohol plant, or industrial alcohol bonded warehouse to any distillery, internal revenue bonded warehouse, industrial alcohol plant, or industrial alcohol bonded warehouse for redistillation, or storage, or any other purpose deemed necessary to meet the requirements of the national defense: Provided, That any such distilled spirits may be stored in approved tanks in, or constituting a part of, any internal revenue bonded warehouse or industrial alcohol bonded warehouse: Provided further, That any such distUled spirits removed to an industrial alcohol plant or industrial alcohol bonded warehouse may be withdrawn therefrom if of a proof of 160 degrees or more for any tax-free § 6217(a)

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