Page:United States Statutes at Large Volume 98 Part 1.djvu/870

 98 STAT. 822

PUBLIC LAW 98-369—JULY 18, 1984 "SEC, 5604. PENALTIES RELATING TO MARKS, BRANDS, AND CONTAINERS.

"(a) IN GENERAL.—Any person who shall— "(1) transport, possess, buy, sell, or transfer any distilled spirits unless the immediate container bears the type of closure Ante, p. 820. or Other device required by section 5301(d), ^, "(2) with intent to defraud the United States, empty a container bearing the closure or other device required by section hi' • V- c s, 5301(d) without breaking such closure or other device, ' •" ' ' '" ' "(3) empty, or cause to be emptied, any distilled spirits from t^., an immediate container bearing any mark or brand required by Ante, p. 821. required by section 5206(d), "(4) place any distilled spirits in any bottle, or reuse any bottle for the purpose of containing distilled spirits, which has once been filled and fitted with a closure or other device under ,^. the provisions of this chapter, without removing and destroying such closure or other device, "(5) willfully and unlawfully remove, change, or deface any mark, brand, label, or seal affixed to any case of distilled spirits, or to any bottle contained therein, "(6) with intent to defraud the United States, purchase, sell, receive with intent to transport, or transport any empty cask or package having thereon any mark or brand required by law to be affixed to any cask or package containing distilled spirits, or "(7) change or alter any mark or brand on any cask or package containing distilled spirits, or put into any cask or package spirits of greater strength than is indicated by the •' inspection mark thereon, or fraudulently use any cask or package having any inspection mark thereon, for the purpose of selling other spirits, or spirits of quantity or quality different ..MfSr^ilii"
 * """" law without effacing and obliterating such mark or brand as

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from the spirits previously inspected, shall be fined not more than $10,000 or imprisoned not more than 5 years, or both, for each such offense. "(b) CROSS REFERENCES.— "For provisions relating to the authority of internal revenue officers to enforce provisions of this section, see sections 5203, 5557, and 7608."

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(B) The table of sections for part I of subchapter J of chapter 51 is amended by striking out the item relating to section 5604 and inserting in lieu thereof the following: "Sec. 5604. Penalties relating to marks, brands, and containers."

26 USC 5613.

(12)(A) Subsection (b) of section 5613 (relating to forfeiture of distilled spirits not stamped, marked, or branded as required by
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law) is amended to read as follows: "(b) CONTAINERS WITHOUT CLOSURES.—All distilled spirits found in any container which is required by this chapter to bear a closure or '.)BIJ ftli other device and which does not bear a closure or other device in compliance with this chapter shall be forfeited to the United States." (B) The section heading of section 5613 is amended by striking out "STAMPED" and inserting in lieu thereof "CLOSED". (C) The item relating to section 5613 in the table of sections .G6PS XU m for part I of subchapter J of chapter 51 is amended by striking out "stamped" and inserting in lieu thereof "closed". 26 USC 6801. (13) Subsection (b) of section 6801 (relating to authority for establishment, alteration, and distribution) is amended by strik-

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