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PUBLIC LAW 85-859-SEPT. 2, 1958

[72 S T A T.

"SEC. 5601. CRIMINAL PENALTIES. " (a) OFFENSES.—Any person who— "(1) UNREGISTERED STILLS.—has in his possession or custody, or under his control, any still or distilling apparatus set up which is not registered, as required by section 5179(a); or " (2) FAILURE OF DISTILLER OR RECTIFIER TO FILE APPLICATION.—

engages in the business of a distiller or rectifier without having filed application for and received notice of registration, as required by section 5171(a); or " (3) FALSE OR FRAUDULENT APPLICATION.—engages, or intends

to engage, in the business of distiller, bonded warehouseman, rectifier, or bottler of distilled spirits, and files a false or fraudulent application under section 5171; or " (4) FAILURE OR REFUSAL or DISTILLER OR RECTIFIER TO GIVE

BOND.—carries on the business of a distiller or rectifier without having given bond as required by law; or " (5) FALSE, FORGED, OR FRAUDULENT BOND.—engages, or intends

26 USC 5217.

5171-

to engage, in the business of distiller, bonded warehouseman, rectifier, or bottler of distilled spirits, and gives any false, forged, or fraudulent bond, under subchapter B; or " (6) DISTILLING ON PROHIBITED PREMISES.—uses, or possesses

with intent to use, any still, boiler, or other utensil for the purpose of producing distilled spirits, or aids or assists therein, or causes or procures the same to be done, in any dwelling house, or in any shed, yard, or inclosure connected with such dwelling house (except as authorized under section 5178(a)(1)(C)), or on board any vessel or boat, or on any premises where beer or wine is made or produced, or where liquors of any description are retailed, or on premises where any other business is carried on (except when authorized under section 5178(b)); or " (7) UNLAWFUL PRODUCTION, REMOVAL, OR USE OF MATERIAL FIT FOR PRODUCTION OF DISTILLED SPIRITS.—except as otherwise pro-

vided in this chapter, makes or ferments mash, wort, or wash, fit for distillation or for the production of distilled spirits, in any building or on any premises other than the designated premises of a distilled spirits plant lawfully qualified to produce distilled spirits, or removes, without authorization by the Secretary or his delegate, any mash, wort, or wash, so made or fermented, from the designated premises of such lawfully qualified plant before being distilled; or "(8) UNLAWFUL PRODUCTION OF DISTILLED SPIRITS.—not being a distiller authorized by law to produce distilled spirits, produces distilled spirits by distillation or any other process from any mash, wort, wash, or other material; or " (9) UNAUTHORIZED USE OF DISTILLED SPIRITS I N MANUFACTUR-

ING PROCESSES.—except as otherwise provided in this chapter, uses distilled spirits in any process of manufacture unless such spirits— " (A) have been produced in the United States by a distiller authorized by law to produce distilled spirits and withdrawn in compliance with law; or " (B) have been imported (or otherwise brought into the United States) and withdrawn in compliance with law; or "(10) UNLAWFUL

RECTIFYING OR BOTTLING.—engages

in

or

carries on the business of a rectifier, or a bottler of distilled spirits— " (A) with intent to defraud the United States of any tax on the distilled spirits rectified or bottled by him; or

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