Page:United States Statutes at Large Volume 72 Part 1.djvu/1430

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PUBLIC LAW 85-859-SEPT. 2, 1968

[72 S T A T.

"(e) SAME K I N D OF FRUIT.—For purposes of this subchapter the term 'same kind of fruit' includes, in the case of grapes, all of the several species and varieties of grapes. I n the case of fruits other than grapes, this term includes all of the several species and varieties of any given kind; except that this shall not preclude a more precise identification of the composition of the product for the purpose of its designation. " (f) O W N PRODUCTION.—For purposes of this subchapter the term 'own production', when used with reference to wine in a bonded wine cellar, means wine produced by fermentation in the same bonded wine cellar, whether or not produced by a predecessor in interest at such bonded wine cellar. This term may also include, under regulations, wine produced by fermentation in bonded wine cellars owned or controlled by the same or aiRliated persons or firms when located within the same State; the term 'affiliated" shall be deemed to include any one or more bonded wine cellar proprietors associated as members of any farm cooperative, or any one or more bonded wine cellar proprietors affiliated within the meaning of section 17(a)(5) of the Federal Alcohol Administration Act, as amended (49 Stat. 990; 27 U.S.C.211).

"Subchapter G—Breweries "Part I. Establishment. '"Part II. Operations.

"PART I—ESTABLISHMENT "Sec. 5401. Qualifying documents. "Sec. 5402. Definitions. "Sec. 5403. Cross references. "SEC. 5401. QUALIFYING DOCUMENTS.

" (a) NOTICE.—Every brewer shall, before commencing or continuing business, file with the officer designated for that purpose by the Secretary or his delegate a notice in writing, in such form and containing such information as the Secretary or his delegate shall by regulations prescribe as necessary to protect and insure collection of the revenue. "(b) BONDS.—Every brewer, on filing notice as provided by subsection (a) of his intention to commence business, shall execute a bond to the United States in such reasonable penal sum as the Secretary or his delegate shall by regulation prescribe as necessary to protect and insure collection of the revenue. The bond shall be conditioned (1) that the brewer shall pay, or cause to be paid, as herein provided, the tax required by law on all beer, including all beer removed for transfer to the brewery from other breweries owned by him as provided in section 5414; (2) that he shall pay or cause to be paid the tax on all beer removed free of tax for export as provided in section 5053(a), which beer is not exported or returned to the brewery; and (3) that he shall in all respects faithfully comply, without fraud or evasion, with all requirements of law relating to the production and sale of any beer aforesaid. Once in every 4 years, or whenever required so to do by the Secretary or his delegate, the brewer shall execute a new bond in the penal sum prescribed in pursuance of this section, and conditioned as above provided, which bond shall be in lieu of any former bond or bonds of such brewer in respect to all liabilities accruing after its approval.

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