Page:United States Statutes at Large Volume 68A.djvu/735

 CH. 51—DISTILLED SPIRITS, WINES, AND BEER

695

SEC. 5650. PENALTY AND FORFEITURE FOR OPERATING DISTILLERY AFTER GIVING NOTICE OF SUSPENSION.

Every distiller who, after the time fixed in the notice given under section 5191(a) declaring his intention to suspend work, carries on the business of a distiller in the distillery covered by such notice, or has mash, wort, or beer in such distillery, or on any premises connected therewith, or has in his possession or under his control any mash, wort, or beer, with intent to distill the same on said premises, shall incur the forfeitures and be subject to the same punishment as provided for persons who carry on the business of a distiller without having given the bonds required by law. PART II—PENALTY AND FORFEITURE PROVISIONS APPLICABLE TO WINE AND WINE PRODUCTION , j •

Sec. 5661. Penalty and forfeiture for violation of laws and regulations relating to wine. Sec. 5662. Penalty for alteration of wine labels. Sec. 5663. Cross reference. SEC. 5661. PENALTY AND FORFEITURE FOR VIOLATION OF LAWS AND REGULATIONS RELATING TO WINE. (a) FRAUDULENT OFFENSES.—Whoever, with intent to defraud the

United States, fails to pay any tax imposed upon wine or violates, or fails to comply with, any requirement of subchapter For subpart C of part I of subchapter A, or regulations issued pursuant thereto, or recovers or attempts to recover any spirits from wine, shall, on conviction, be punished for each such offense by a fine not exceeding $5,000, or imprisonment for not more than 5 years, or both, and in addition thereto by a penalty of double the tax due, to be assessed, levied and collected in the same manner as taxes are collected, and all products and materials used in any such violation shall be forfeited to the United States. (b) OTHER OFFENSES.—Any proprietor of premises subject to the

provisions of subchapter F, or any employee or agent of such proprietor, or any other person, who otherwise than with intent to defraud the United States violates or fails to comply with any provision of subchapter For subpart C of part I of subchapter A, or of any regulations issued thereunder, or who aids or abets in any such violation, shall, upon conviction, be punished for each such offense by a fine not exceeding $1,000, or imprisonment for not more than 1 year, or both. SEC. 5662. PENALTY FOR ALTERATION OF WINE LABELS.

Any person who, without the permission of the Secretary or his delegate, so alters as to materially change the meaning of any mark, brand, label, or stamp required to appear upon any wine upon its removal from premises subject to the provisions of subchapter F, or from customs custody, or who, after such removal, represents any wine, whether in its original containers or otherwise, to be of an identity or origin other than its proper identity or origin as shown by such brand, mark, label, or stamp, shall upon conviction, be punished for each such offense by a fine not exceeding $1,000, or imprisonment for not more than 1 year, or both. SEC. 5663. CROSS REFERENCE. For penalties of common application pertaining to liquors, including wines, see part IV and for penalties for rectified products, see part I. §5663

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