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PUBLIC LAW 85-859-SEPT. 2, 1958

[72 S T A T.

back to be stamped by a stamp under such regulations as he may prescribe. " (d) STAMPS FOR CONTAINERS OF 5 W I N E GALLONS OR MORE OF D I S TILLED SPIRITS FILLED ON BOTTLING PREMISES.—All containers of

distilled spirits containing 5 wine gallons or more, which are filled on bottling premises of a distilled spirits plant for removal therefrom, shall be stamped by a stamp under such regulations as the Secretary or his delegate shall prescribe. " (e) ISSUE FOR RESTAMPING.—The Secretary or his delegate, under

regulations prescribed by him, may authorize restamping of containers of distilled spirits which have been duly stamped but from which the stamps have been lost or destroyed by unavoidable accident. "(f) ACCOUNTABILITY.—All stamps relating to distilled spirits shall be used and accounted for under such regulations as the Secretary or his delegate may prescribe. " (g) EFFACEMENT OF STAMPS, MARKS, AND BRANDS ON EMPTIED

CONTAINERS.—Every person who empties, or causes to be emptied, any immediate container of distilled spirits bearing any stamp, mark, or brand required by law or regulations prescribed pursuant thereto (other than containers stamped under subsection (a) or section 5235) shall at the time of emptying such container efface and obliterate such stamp, mark, or brand, except that the Secretary or his delegate may, by regulations, waive any requirement of this subsection as to the effacement or obliteration of marks or brands (or portions thereof) where he determines that no jeopardy to the revenue will be involved. " (h) FORM OF STAMP.—Any stamp required by or prescribed pursuant to the provisions of this section or section 5235 may consist of such coupon, serially-numbered ticket, imprint, design, or other form of stamp as the Secretary or his delegate shall by regulations prescribe. " (i) CROSS REFERENCES.— "(1) For general provisions relating to stamps, see chapter 69. "(2) For provisions relating to the stamping, marking, and branding of containers of distilled spirits by proprietors, see section 5204 (c). "(3) For provisions relating to the stamping of bottled alcohol, see section 5235. "(4) For authority of the Secretary or his delegate to prescribe regulations regarding stamps for distilled spirits withdrawn to manufacturing bonded warehouses, see section 5522(a). ''(5) For penalties and forfeitures relating to stamps, marks, and brands, see sections 5604, 5613, 7208, and 7209. "SEC. 5206. CONTAINERS. "(a) AUTHORITY TO PRESCRIBE.—The Secretary or his delegate

shall by regulations prescribe the types or kinds of containers which may be used to contain, store, transfer, convey, remove, or withdraw distilled spirits. "(b) STANDARDS OF FILL.—The Secretary or his delegate may by regulations prescribe the standards of fill for approved containers. "(c) MARKING, BRANDING, OR IDENTIFICATION.—Containers of distilled spirits (and cases containing bottles or other containers of such spirits) shall be marked, branded, or identified in such manner as the Secretary or his delegate shall by regulations prescribe. " (d) APPLICABILITY.—This section shall be applicable exclusively with respect to containers of distilled spirits for industrial use, with respect to containers of distilled spirits of a capacity of more than one gallon for other than industrial use, and with respect to cases containing bottles or other containers of distilled spirits.

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