Chapter 134. Supplemental to the National Prohibition Act
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CHAP. 134.— An Act Supplemental to the National Prohibition Act. November 23, 1921.[[H. R. 7294](/us/bill/67/hr/7294).][[Public, No. 96](/us/pl/67/96).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Supplement to National Prohibition Act.Vol. 41, p. 307.Meaning of terms. That the words “person,” “commissioner,” “application,” “permit,” “regulation,” and “liquor,” and the phrase “intoxicating liquor,” when used in this Act, shall have the same meaning as they have in Title II of the National Prohibition Act.
Sec. 2. Spirituous and vinous liquors only may he prescribed as medicines.Alcohol limitations. That only spirituous and vinous liquor may be prescribed for medicinal purposes, and all permits to prescribe and prescriptions for any other liquor shall be void. No physician shall prescribe, nor shall any person sell or furnish on any prescription, any vinous liquor that contains more than 24 per centum of alcohol by volume, nor shall anyone prescribe or sell or furnish on any prescription more than one-fourth of one gallon of vinous liquor, or any such vinous or spirituous liquor that contains separately or in the aggregate more than one-half pint of alcohol, for use by any person within any period of Limit of prescription blanks, etc.ten days.
No physician shall be furnished with more than one hundred prescription blanks for use in any period of ninety days, nor shall any physician issue more than that number of prescriptionswithin any such period unless on application therefor he shall make it clearly apparent to the commissioner that for some extraordinary reason a larger amount is necessary, whereupon the necessary Sale of non-beverage articles not affected.Vol. 41, p. 309.additional blanks may be furnished him.
But this provision shall not be construed to limit the sale of any article the manufacture of which is authorized under section 4, Title II, of the National Prohibition Act. Non beverage articles.Change of formulas for, may be ordered if used as beverages.If the commissioner shall find after hearing, upon notice as required in section 5 of Title II of the National Prohibition Act, that any article enumerated in subdivisions b, c, d, or e of section 4 of Title II of said National Prohibition Act is being used as a beverage, or for intoxicating beverage purposes, he may require a change of formula of such article and m the event that such change is not made within Cancellation of permits authorized.a time to be named by the commissioner he may cancel the permit for the manufacture of such article unless it is made clearly to appear to the commissioner that such use can only occur in rare or Review by court.Vol. 41, p. 309.exceptional instances, but such action of the commissioner may by appropriate proceedings in a court of equity be reviewed, as provided for *Proviso*.Restriction of action as to flavoring extracts.in section 5, Title II, of said National Prohibition Act: *Provided*, That no change of formula shall be required and no permit to manufacture any article under subdivision (E), section 4, Title II of the National Prohibition Act shall be revoked unless the sale or use of such article is substantially increased in the community by reason of its use as a beverage or for intoxicating beverage purposes.
Importing or manufacturing spirituous liquors forbidden until present supply insufficient for nonbeverage uses.No spirituous liquor shall be imported into the United States, nor shall any permit be granted authorizing the manufacture of any spirituous liquor, save alcohol, until the amount of such liquor now in distilleries or other bonded warehouses shall have been reduced to a quantity that in the opinion of the commissioner will, with liquor that may thereafter be manufactured and imported, be sufficient to 223supply the current need thereafter for all nonbeverage uses: *Provided*, *Proviso*.Importing vinous liquors for nonbeverage uses restricted.That no vinous liquor shall be imported into the United States unless it is made to appear to the commissioner that vinous liquor for such nonbeverage use produced in the United States is not sufficient to meet such nonbeverage needs: *Provided further*, That this provision against importation shall not apply to shipments en route to the United States at the time of the passage of this Act: *And provided further*, That Shipments en route excepted.the commissioner may authorize the Return of distilled spirits exported free of tax, permitted.return to the United States under such regulations and conditions as he may prescribe any distilled spirits of American production exported tree of tax and reimported in original packages in which exported and consigned for redeposit in the distillery bonded warehouse from which originally removed.
Sec. 3. That this Act and the National Prohibition Act shall apply Prohibition provisions extended to all United States territory.Enforcement in Hawaii and Virgin Islands.not only to the United States but to all territory subject to its jurisdiction, including the Territory of Hawaii and the Virgin Islands; and jurisdiction is conferred on the courts of the Territory of Hawaii and the Virgin Islands to enforce this Act and the National Prohibition Act in such Territory and Islands.
Sec. 4. That regulations may be made by the commissioner to Regulations to be prescribed.Violations penalized.carry into effect the provisions of this Act. Any person who violates any of the provisions of this Act shall be subject to the penalties provided for in the National Prohibition Act. Sec. 5. That all laws in regard to the manufacture and taxation Existing laws not conflicting with National Prohibition Act, continued.of and traffic in intoxicating liquor, and all penalties for violations of such laws that were in force when the National Prohibition Act was enacted, shall be and continue in force, as to both beverage and nonbeverage liquor, except such provisions of such laws as are directly in conflict with any provision of the National Prohibition Act or of this Act; but if any act is a violation of any of such laws and also of Conviction under either a bar to prosecution under the other.the National Prohibition Act or of this Act, a conviction for such act or offense under one shall be a bar to prosecution therefor under the other.
All taxes and tax penalties provided for in section 35 Tax assessment, etc.Vol. 41, p. 317.of Title II of the National Prohibition Act shall be assessed and collected in the same manner and by the same procedure as other taxes on the manufacture of or traffic in liquor. If distilled spirits upon which the internal-revenue tax has not Tax, etc., exemption on spirits lost by theft, etc., without negligence, collusion, etc., if no tax paid.been paid are lost by theft, accidental fire, or other casualty while in possession of a common carrier subject to the Transportation Act of 1920 or the Merchant Marine Act, 1920, or if lost by theft from a distillery or other bonded warehouse, and it shall be made to appear to the commissioner that such losses did not occur as the result of negligence, connivance, collusion, or fraud on the part of the owner or person legally accountable for such distilled spirits, no tax shall be assessed or collected upon the distilled spirits so lost, nor shall any tax penalty be imposed or collected by reason of such loss, but the exemption from the tax and penalty shall only be Limit of exemption.allowed to the extent that the claimant is not indemnified against or recompensed for such loss.
This provision shall apply to any Applicable to present claims, etc.claim for taxes or tax penalties that may have accrued since the passage of the National Prohibition Act or that may accrue hereafter. Nothing in this section shall be construed as in any manner limiting Industrial alcohol not affected.Vol. 41, p. 319.or restricting the provisions of Title HI of the National Prohibition Act. Sec. 6. That any officer, agent, or employee of the United States Searching private dwelling, etc., by enforcement officials without search warrant, a misdemeanor.engaged in the enforcement of this Act, or the National Prohibition Act, or any other law of the United States, who shall search any private dwelling as defined in the National Prohibition Act, and occupied as such dwelling, without a warrant directing such search, or who while so engaged shall without a search warrant maliciously and without reasonable cause search any other building or property, 224Punishment for.shall be guilty of a misdemeanor and upon conviction thereof shall be fined for a first offense not more than $1,000, and for a subsequent offense not more than $1,000 or imprisoned not more than one year, or both such fine and imprisonment.
Arrests, etc., by person falsely claiming to be United States official, a misdemeanor.Whoever not being an officer, agent, or employee of the United States shall falsely represent himself to be such officer, agent, or employee and in such assumed character shall arrest or detain any person, or shall in any manner search the person, buildings, or other property of any person, shall be deemed guilty of a misdemeanor and Punishment for.upon conviction thereof shall be punished by a fine of not more than$1,000, or imprisoned for not more than one year, or by both such fine and imprisonment.
Approved, November 23, 1921.