Page:United States Statutes at Large Volume 72 Part 1.djvu/1431

 72 S T A T. ]

PUBLIC LAW 85-859-SEPT. 2, 1958

"SEC. 5402. DEFINITIONS. " (a) BREWERY.—The brewery shall consist of the land and buildings described in the brewer's notice. "(b)

BREWER.—

"For definition of brewer, see section 5092. "SEC. 5403. CROSS REFERENCES. "(1) For authority of Secretary or his delegate to disapprove brewers' bonds, see section 5551. "(2) For authority of Secretary to require the installation and use of meters, tanks, and other apparatus, see section 5552. "(3) For deposit of United States bonds or notes in lieu of sureties, see 6 U.S.C. 15.

"PART II—OPERATIONS "Sec. "Sec. "Sec. "Sec.

5411. Use of brewery. 5412. Removal of beer in containers or by pipeline. 5413. Brewers procuring beer from other brewers. 5414. Removals from one brewery to another belonging to the same brewer. "Sec. 5415. Records and returns. •'Sec. 5416. Definitions of bottle and bottling. "SEC. 5411. USE OF BREWERY.

"The brewery shall be used under regulations prescribed by the Secretary or his delegate only for the purpose of producing beer, cereal beverages containing less than one-half of one percent of alcohol by volume, vitamins, ice, malt, malt sirup, and other byproducts; of bottling beer and cereal beverages; of drying spent grain from the brewery; of recovering carbon dioxide and yeast; and of producing and bottling soft drinks; and for such other purposes as the Secretary or his delegate by regulation may find will not jeopardize the revenue. The bottling of beer and cereal beverages shall be conducted only in the brewery bottle house which shall consist of a separate portion of the brewery designated for that purpose. "SEC. 5412. REMOVAL OF BEER IN CONTAINERS OR BY PIPELINE.

"Beer may be removed from the brewery for consumption or sale only in hogsheads, barrels, kegs, bottles, and similar containers, marked, branded, or labeled in such manner as the Secretary or his delegate may by regulation require, except that beer may be removed from the brewery by pipeline to contiguous distilled spirits plants under section 5222. "SEC. 5413. BREWERS PROCURING BEER FROM OTHER BREWERS.

"A brewer, under such regulations as the Secretary or his delegate shall prescribe, may obtain beer in his own hogsheads, barrels, and kegs, marked with his name and address, from another brewer, with taxpayment thereof to be by the producer in the manner prescribed by section 5054. "SEC. 5414. REMOVALS FROM ONE BREWERY TO ANOTHER BELONGING TO THE SAME BREWER.

"Beer may be removed from one brewery to another brewery belonging to the same brewer, without payment of tax, and may be iningled with beer at the receiving brewery, subject to such conditions, including payment of the tax, and in such containers, as the Secretary or his delegate by regulations shall prescribe. The removal from one brewery to another brewery belonging to the same brewer shall be deemed to include any removal from a brewery owned by one corporation to a brewery owned by another corporation when (1) one such corporation owns the controlling interest in the other such corporation, or (2) the controlling interest in each such corporation is owned by the same person or persons.

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