Public Law 401.
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(/us/pl/74/400).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Definitions.definitions Section 1. That as used in this Act—
(a)“Carrier.” The term “carrier” means any express company, sleeping-car company, or carrier by railroad, subject to the Interstate Commerce Act, and any company which may be directly or indirectly owned or controlled thereby or under common control therewith, and which operates any equipment or facilities or performs any service (other than trucking service) in connection with the transportation of passengers or property by railroad, or the receipt, delivery, elevation, transfer in transit, refrigeration or icing, storage, or handling or property transported by railroad, and any receiver, trustee, or other individual or body, judicial or otherwise, when in the possession *Proviso.*Street, interurban, or suburban electric railway.of and operating the business of any such “carrier”: *Provided, however*, That the term “carrier” shall not include any street, inter-urban, or suburban electric railway, unless such railway is operating as a part of a general steam-railroad system of transportation, but shall not exclude any part of the general steam-railroad system of transportation now or hereafter operated by any other motive power. The Interstate Commerce Commission is hereby authorized and directed upon request of the Commissioner of Internal Revenue or upon complaint of any party interested to determine after hearing whether any line operated by electric power falls within the terms of this proviso.
(b)“Employee.” The term “employee” means
(1)each person who at or after the enactment hereof is in the service of a carrier, and
(2)each officer or other official representative of an “employee organization”, herein called “representative”, who before or after the effective date has performed service for a carrier, who is duly designated and authorized to represent employees under and in accordance with the Railway Labor Act, and who, during, or immediately following employment by a carrier, was or is engaged in such representative service in behalf of such employees.
(c)Persons deemed in service of carrier. A person shall be deemed to be in the service of a carrier whenever he may be subject to its continuing authority to supervise and direct the manner of rendition of his service, for which service he receives compensation.
(d)“Compensation.” The term “compensation” means any form of money remuneration for active service, received by an employee from a carrier, including salaries and commissions, but shall not include free transportation nor any payment received on account of sickness, disability, or other form of personal relief.
(e)“Effective date.” The term ‘‘effective date” means March 1, 1936.
(f)“Enactment.” The term “enactment” means the date on which this Act may be approved by the President or be finally passed. 975 income tax on employeesIncome tax on employees’ representative. Sec. 2. In addition to other taxes, there shall be levied, collected,Imposition. and paid upon the income of every employee, 3½ per centum of the compensation of such employee (except a representative) not in excess of $300 per month, received by him after the effective date. deduction of tax from wagesDeduction of tax from wages. Sec. 3.
(a)The tax imposed by section 2 of this Act shall beDuty of employer. collected by the employer of the taxpayer, by deducting the amount of the tax from the compensation of the employee as and when paid. Every employer required so to deduct the tax is hereby made liableLiability for payment. for the payment of such tax and is hereby indemnified against the claims and demands of any person for the amount of any such payment made by such employer.
(b)If more or less than the correct amount of tax imposed byAdjustment of tax authorized. section 2 is paid with respect to any compensation payment, then, under regulations made under this Act by the Commissioner of Internal Revenue, proper adjustments, with respect both to the tax and the amount to be deducted, shall be made, without interest, in connection with subsequent wage payments to the same employee by the same employer. excise tax on carriersExcise tax on carriers. Sec. 4. In addition to other taxes, every carrier shall pay anImposition. excise tax of 3½, per centum of the compensation not in excess of $300 per month paid by it to its employees after the effective date. adjustment of taxAdjustment of tax authorized. Sec. 5. If more or less than the correct amount of the tax imposed by section 4 is paid, with respect to any compensation payment, then, under regulations made by the Commissioner of Internal Revenue, proper adjustments with respect to the tax shall be made, without interest, in connection with subsequent excise-tax payments made by the same employer. refunds and deficienciesRefunds and deficiencies. Sec. 6. If more or less than the correct amount of the tax imposedRules and regulations governing. by sections 2 or 4 of this Act is paid or deducted with respect to any compensation payment and the overpayment or underpayment of the tax cannot be adjusted under sections 3 or 5, the amount of the overpayment shall be refunded, or the amount of the underpayment shall be collected in such manner and at such times (subject to the statute of limitations properly applicable thereto) as may be prescribed by regulations under this Act as made by the Commissioner of Internal Revenue. income tax on employees’ representativeIncome tax on employees.Imposition. Sec. 7. In addition to other taxes, there shall be levied, collected, and paid upon the compensation 01 each employees’ representative received by such representative an income tax of 7 per centum annually upon that portion of the compensation of such employees’ representative not in excess of $300 per month. The compensationDetermination of compensation. of a representative for the purpose of ascertaining the tax thereon shall be determined according to such rules and regulations as the Commissioner of Internal Revenue shall deem just and reasonable and as near as may be shall be the same compensation as if the representative were still in the employ of the last former carrier. 976 Collection and payment of taxes.collection and payment of taxes Sec. 8. Duty of Commissioner of Internal Revenue.
(a)The taxes imposed by this Act shall be collected by the Commissioner of Internal Revenue and shall be paid into the Interest charge on payments in default.Treasury of the United States as internal-revenue receipts. If the taxes are not paid when due, there shall be added as part of the tax (except in the case of adjustments made in accord with the provisions of this Act) interest at the rate of 6 per centum per annum, or for any part of a month, from the date the tax became due until paid.
(b)Rules and regulations. Such taxes shall be collected and paid quarterly in such manner and under such conditions not inconsistent with this Act as may be prescribed by the Commissioner of Internal Revenue.
(c)Provisions of law applicable.Vol. 44, pp. 93, 99; Vol. 48, p. 768.[U. S. C., pp. 1107, 1133, 1134](/us/usc/p1107/1133/1134). All provisions of law, including penalties, applicable with respect to any tax imposed by section 600 or section 800 of the Revenue Act of 1926, and the provisions of section 607 of the Revenue Act of 1934, insofar as applicable and not inconsistent with the provisions of this Act, shall be applicable with respect to the taxes imposed by this Act.
(d)Fractional part of cent. In the payment of any tax under this Act a fractional part of a cent shall be disregarded unless it amounts to one-half cent or more, in which case it shall be increased to 1 cent. Court jurisdiction.court jurisdiction Sec. 9. Nature of cases in which application may be entertained and relief granted. The several Districts 1So in original. Courts of the United States and the Supreme Court of the District of Columbia, respectively, shall have jurisdiction to entertain an application and to grant appropriate relief in the following cases which may arise under the provisions of this Act:
(a)An application by the Commissioner of Internal Revenue to compel an employee or other person residing within the jurisdiction of said court or a carrier subject to service of process within said jurisdiction, to comply with any obligations imposed on said employee, other person, or carrier under the provisions of this Act.
(b)The jurisdiction herein specifically conferred upon the said Federal courts shall not be held exclusive of any jurisdiction otherwise possessed by said courts to entertain actions at law or suits in equity in aid of the enforcement of rights or obligations arising under the provisions of this Act. Penalties.penalties Sec. 10. Failure to make required report. Any person or any carrier which shall willfully fail or refuse to make any report in accordance with this Act required by the Commissioner of Internal Revenue in the administration Fraudulent statements.of this Act, or which shall knowingly make any false or fraudulent statement or report in response to any report or statement required by Punishment.this Act shall be punished on conviction by a fine of not less than $100 nor more than $10,000. social security act Sec. 11. The term “employment”, as defined in subsection
(b)“Employment”, as defined in Social Security Act.*Ante*, p. 639.of section 811 of Title VIII of the Social Security Act, shall not include service performed in the employ of a carrier as defined in subdivision
(a)of section 1 of this Act. termination of taxes Sec. 12. Termination of taxes. The taxes imposed by this Act shall not apply to any compensation received or paid after February 28, 1937. 977 separability Sec. 13. If any provision of this Act, or the application thereofSeparability provision. to any person or circumstance, is held invalid, the remainder of the Act, and the application of such provision to other persons or circumstances shall not be affected thereby. Approved, August 29, 1935, 3 p. m. To further protect the revenue derived from distilled spirits, wine, and malt beverages, to regulate interstate and foreign commerce and enforce the postal Laws with respect thereto, to enforce the twenty-first amendment, and for other purposes. 1935-08-29 814 Chapter 49 Stat. 1597 74 1 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-01-07 public [CHAPTER 814.] AN ACT To further protect the revenue derived from distilled spirits, wine, and malt beverages, to regulate interstate and foreign commerce and enforce the postal Laws with respect thereto, to enforce the twenty-first amendment, and for other purposes. August 29, 1935.[[H. R. 8870](/us/bill/74/hr/8870).][[Public, No. 401](/us/pl/74/401).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That this Act mayFederal Alcohol Administration Act. be cited as the “Federal Alcohol Administration Act.” federal alcohol administrationFederal Alcohol Administration. Sec. 2.
(a)There is hereby created the Federal Alcohol AdministrationDivision established.*Post*, pp. 1964, 1965. as a division in the Treasury Department.
(b)The Administration shall be headed by an Administrator,Organization.Administrator; appointment, compensation. who shall be appointed by the President, by and with the advice and consent of the Senate. The Administrator shall for his services receive compensation at the rate of $10,000 per annum, together with actual and necessary traveling and subsistence expenses whileExpenses. engaged in the exercise of his powers and duties outside the District of Columbia. No person shall be eligible to appointment, or continueQualifications. in office, as Administrator if he is engaged or financially interested in, or is an officer or director of or employed by a corporation engaged in, the production or sale or other distribution of alcoholic beverages, or the financing thereof.
(c)The Administrator shall, without regard to the civil-servicePersonnel; appointment, compensation. laws and the Classification Act of 1923, as amended, appoint and fix the compensation and duties of such officers and employees as he deems necessary to carry out his powers and duties, but the compensation so fixed shall be subject to the approval of the Secretary of the Treasury. The Administrator is authorized to adopt an official seal,Official seal. which shall be judicially noticed.
(d)The Administrator is authorized and directed to prescribe suchRules and regulations. rules and regulations as may be necessary to carry out his powers and duties. All rules and regulations prescribed by the AdministratorApproval of. shall be subject to the approval of the Secretary of the Treasury.
(e)Appropriations to carry out powers and duties of the AdministratorAppropriations.*Post*, pp. 1125, 1834. shall be available for expenditure, among other purposes, for personal services and rent in the District of Columbia and elsewhere, expenses for travel and subsistence, for law books, books of reference, magazines, periodicals, and newspapers, for contract steno-graphic reporting services, for subscriptions for library services, for purchase of samples for analysis or use as evidence, and for holding conferences of State and Federal liquor control officials.
(f)The Administrator may, with the consent of the department orCooperation of Executive departments and agencies. agency affected, utilize the services of any department or other agency of the Government to the extent necessary to carry out his powers and duties and authorize officers and employees thereof to act as his agents. 978
(g)Federal Trade Com-mission Act; applicability of.Vol. 38, p. 722; [U. S. C., p. 517](/us/usc/p517). The provisions, including penalties, of sections 9 and 10 of the Federal Trade Commission Act, as now or hereafter amended, shall be applicable to the jurisdiction, powers, and duties of the Administrator, and to any person (whether or not a corporation) subject to the provisions of laws administered by the Administrator.
(h)Reports to Administrator. The Administrator is authorized to require, in such manner and form as he shall prescribe, such reports as are necessary to carry out hispowers and duties.
(i)To Congress. The Administrator shall make a report to Congress, at the beginning of each regular session, of the administration of the functions with which he is charged, and shall include in such report the names and compensation of all persons employed by the Administration. Unlawful businesses without permitunlawful businesses without permit Sec. 3. In order effectively to regulate interstate and foreign commerce in distilled spirits, wine, and malt beverages, to enforce the twenty-first amendment, and to protect the revenue and enforce the postal laws with respect to distilled spirits, wine, and malt beverages:
(a)It shall be unlawful, except pursuant to a basic, permit issued under this Act by the Administrator—
(1)Importation of distilled spirits, wine, or malt beverages. to engage in the business of importing into the United States distilled spirits, wine, or malt beverages; or
(2)Interstate or foreign sale or delivery. for any person so engaged to sell, offer or deliver for sale, contract to sell, or ship, in interstate or foreign commerce, directly or indirectly or through an affiliate, distilled spirits, wine, or malt beverages so imported. Effective date of subsection.This subsection shall take effect sixty days after the date upon which the Administrator first appointed under this Act takes office.
(b)It shall be unlawful, except pursuant to a basic permit issued under this Act by the Administrator—
(1)Unlawful manufacture. to engage in the business of distilling distilled spirits, producing wine, rectifying or blending distilled spirits or wine, or bottling, or warehousing and bottling, distilled spirits; or
(2)Interstate or foreign sale or delivery through affiliate. for any person so engaged to sell, offer or deliver for sale, contract to sell, or ship, in interstate or foreign commerce, directly or indirectly or through an affiliate, distilled spirits or wine so distilled, produced, rectified, blended, or bottled, or warehoused and bottled. Effective date of subsection.This subsection shall take effect sixty days after the date upon which the Administrator first appointed under this Act takes office.
(c)It shall be unlawful, except pursuant to a basic permit issued under this Act by the Administrator—
(1)Unlawful purchasing for resale at wholesale. to engage in the business of purchasing for resale at wholesale distilled spirits, wine, or malt beverages; or
(2)Interstate or foreign sale or delivery through affiliate. for any person so engaged to receive or to sell, offer or deliver for sale, contract to sell, or ship, in interstate or foreign commerce, directly or indirectly or through an affiliate, distilled spirits, wine, or malt beverages so purchased. Effective date of subsection.*Post*, p. 1152.Section not applicable to State agency, etc.This subsection shall take effect March 1, 1936. This section shall not apply to any agency of a State or political subdivision thereof or any officer or employee of any such agency, and no such agency or officer or employee shall be required to obtain a basic permit under this Act. Permitspermits Sec. 4. Persons entitled to basic permit
(a)The following persons shall, on application therefor, be entitled to a basic permit: 979
(1)Any person who, on May 25, 1935, held a basic permit as distiller, rectifier, wine producer, or importer issued by an agency of the Federal Government.
(2)Any other person unless the Administrator finds
(A)that such person (or in case of a corporation, any of its officers, directors, or principal stockholders) has, within five years prior to date of application, been convicted of a felony under Federal or State law or has, within three years prior to date of application, been convicted of a misdemeanor under any Federal law relating to liquor, including the taxation thereof; or
(B)that such person is, by reason of his business experience, financial standing, or trade connections, not likely to commence operations within a reasonable period or to maintain such operations in conformity with Federal law; or
(C)that the operations proposed to be conducted by such person are in violation of the law of the State in which they are to be conducted.
(b)If upon examination of any application for a basic permit theRefusal to issue. Administrator has reason to believe that the applicant is not entitled to such permit, he shall notify the applicant thereof and, upon requestNotification to applicant; hearing. by the applicant, afford him due notice and opportunity for hearing on the application. If the Administrator, after affording such notice and opportunity for hearing, finds that the applicant is not entitled to a basic permit hereunder, he shall by order deny the application stating the findings which are the basis for his order.
(c)The Administrator shall prescribe the manner and form of allApplications for. applications for basic permits (including the facts to be set forth therein) and the form of all basic permits, and shall specify in anyAuthority conferred by permit to be specified. basic permit the authority conferred by the permit and the conditions thereof in accordance with the provisions of this Act. To theSeparate applications and permits; requirement. extent deemed necessary by the Administrator for the efficient administration of this Act, separate applications and permits shall be required by the Administrator with respect to distilled spirits, wine, and malt beverages, and the various classes thereof, and with respect to the various classes of persons entitled to permits hereunder. The issuance of a basic permit under this Act shall not operate to deprive the United States of its remedy for any violation of law.
(d)A basic permit shall be conditioned upon compliance with theIssue conditioned up on compliance with specified provisions.*Post*, p. 981.Vol. 48, p. 1749. requirements of section 5 (relating to unfair competition and unlawful practices) and of section 6 (relating to bulk sales and bottling), with the twenty-first amendment and laws relating to the enforcement thereof, and with all other Federal laws relating to distilled spirits, wine, and malt beverages, including taxes with respect thereto.
(e)A basic permit shall by order of the Administrator, after dueRevocation, suspension, or annulment of permits. notice and opportunity for hearing to the permittee,
(1)be revoked, or suspended for such period as the Administrator deems appropriate, if the Administrator finds that the permittee has willfully violated any of the conditions thereof, provided that for a first violation of the conditions thereof the permit shall be subject to suspension only; or
(2)be revoked if the Administrator finds that the permittee has not engaged in the operations authorized by the permit for a period of more than two years; or
(3)be annulled if the Administrator finds that the permit was procured through fraud, or misrepresentation, or concealment of material fact. The order shallStatement of findings in order. state the findings which are the basis for the order.
(f)Orders of the Administrator with respect to any denialService of orders of Administrator. of application, suspension, revocation, annulment, or other proceedings, shall be served
(1)in person by any officer or employee of the Administration designated by the Administrator or any internal 980revenue or customs officer authorized by the Administrator for the purpose, or
(2)by mailing the order by registered mail, addressed to the applicant or respondent at his last known address in the records of the Administrator.
(g)Duration of permit. A basic permit shall continue in effect until suspended, revoked, or annulled as provided herein, or voluntarily surrendered; When voluntarily transferred.When transferred by operation of law, etc.except that
(1)if leased, sold or otherwise voluntarily transferred, the permit shall be automatically terminated thereupon, and
(2)if transferred by operation of law or if actual or legal control of the permittee is acquired, directly or indirectly, whether by stock-ownership or in any other manner, by any person, then such permit shall be automatically terminated at the expiration of thirty days *Proviso*.Application for new permit.thereafter: *Provided*, That if within such thirty-day period application for a new basic permit is made by the transferee or permittee, respectively, then the outstanding basic permit shall continue in effect until such application is finally acted on by the Administrator.
(h)Appeal from order denying application. An appeal may be taken by the permittee or applicant for a; permit from any order of the Administrator denying an application Petition to be filed.for, or suspending, revoking, or annulling, a basic permit. Such appeal shall be taken by filing, in the circuit court Time for filing.of appeals of the United States within any circuit wherein such person resides or has his principal place of business, or in the United States Court of Appeals for the District of Columbia, within sixty days after the entry of such order, a written petition praying that the order of the Administrator be modified or set aside in whole or in part. Service of copy.A copy of such petition shall be forthwith served upon the Administrator, or upon any officer designated by him for that purpose, and Filing transcript of record.thereupon the Administrator shall certify and file in the court a transcript of the record upon which the order complained of was Jurisdiction of court.entered. Upon the filing of such transcript such court shall have exclusive jurisdiction to affirm, modify, or set aside such order, in Consideration of objections.whole or in part. No objection to the order of the Administrator shall be considered by the court unless such objection shall have been urged before the Administrator or unless there were reasonable Findings of fact.grounds for failure so to do. The finding of the Administrator as to the facts, if supported by substantial evidence, shall be conclusive. Leave to adduce additional evidence.If any party shall apply to the court for leave to adduce additional evidence, and shall snow to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for failure to adduce such evidence in the proceeding before the Administrator, the court may order such additional evidence to be taken before the Administrator and to be adduced upon the hearing in such manner and upon such terms and conditions as to the Modification of findings of fact.New findings; filing.court may seem proper. The Administrator may modify his findings as to the facts by reason of the additional evidence so taken, and he shall file with the court such modified or new findings, which, if supported by substantial evidence, shall be conclusive, and his recommendation, if any, for the modification or setting aside of the original Finality of judgment or decree.Review.Vol. 43, p. 938; [U. S C., p. 1271](/us/usc/p1271).order. The judgment and decree of the court affirming, modifying, or setting aside, in whole or in part, any such order of the Administrator shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in sections 239 and 240 of the Judicial Code, as amended (U. S. C., title Commencement o proceedings to stay order of Administrator.28, secs. 346 and 347). The commencement of proceedings under this subsection shall, unless specifically ordered by the court to the contrary, operate as a stay of the Administrator’s order.
(i)Limitation on powei of Administrator to revoke or suspend permit. No proceeding for the suspension or revocation of a basic permit for violation of any condition thereof relating to compliance with Federal law shall be instituted by the Administrator 981more than eighteen months after conviction of the violation of Federal law, or, if no conviction has been had, more than three years after the violation occurred; and no basic permit shall be suspended or revoked for a violation of any such condition thereof if the alleged violation of Federal law has been compromised by any officer of the Government authorized to compromise such violation. unfair competition and unlawful practicesUnfair competition and unlawful practices. Sec 5. It shall be unlawful for any person engaged in businessClasses of persons to whom practices prohibited. as a distiller, brewer, rectifier, blender, or other producer, or as an importer or wholesaler, of distilled spirits, wine, or malt beverages, or as a bottler, or warehouseman and bottler, of distilled spirits, directly or indirectly or through an affiliate:
(a)Exclusive outlet: To require, by agreement or otherwise, thatAcquisition of exclusive outlet. any retailer engaged in the sale of distilled spirits, wine, or malt beverages, purchase any such products from such person to the exclusion in whole or in part of distilled spirit, wine, or malt beverages sold or offered for sale by other persons in interstate or foreign commerce, if such requirement is made in the course of interstate or foreign commerce, or if such person engages in such practice to such an extent as substantially to restrain or prevent transactions in interstate or foreign commerce in any such products, or if the direct effect of such requirement is to prevent, deter, hinder, or restrict other persons from selling or offering for sale any such products to such retailer in interstate or foreign commerce; or
(b)“Tied house”: To induce through any of the following means,Inducing exclusive purchasing arrangements with retailers. any retailer, engaged in the sale of distilled spirits, wine, or malt beverages, to purchase any such products from such person to the exclusion in whole or in part of distilled spirits, wine, or malt beverages sold or offered for sale by other persons in interstate or foreign commerce, if such inducement is made in the course of interstate or foreign commerce, or if such person engages in the practice of using such means, or any of them, to such an extent as substantially to restrain or prevent transactions in interstate or foreign commerce in any such products, or if the direct effect of such inducement is to prevent, deter, hinder, or restrict other persons from selling or offering for sale any such products to such retailer in interstate or foreign commerce:
(1)By acquiring or holding (after the expiration of any existing license)Through holding interest in retail license. any interest in any license with respect to the premises of the retailer; or
(2)by acquiring any interest in real or personal property owned,Acquiring Interest in retail premises. occupied, or used by the retailer in the conduct of his business; or
(3)by furnishing, giving, renting, lending, or sellingFurnishing things of value. to the retailer, any equipment, fixtures, signs, supplies, money, services, or other thing of value, subject to such exceptions as the Administrator shall by regulation prescribe, having due regard for public health, the quantity and value of articles involved, established trade customs not contrary to the public interest and the purposes of this subsection; or
(4)by paying or crediting thePaying, etc., for advertising, etc., service. retailer for any advertising, display, or distribution service; or
(5)by guaranteeing any loan or the repayment of any financial obligation of the retailer; or
(6)by extending to the retailer credit for a period in excess of the credit period usual and customary to the industry for the particular class of transactions, as ascertained by the Administrator and prescribed by regulations by him; or
(7)Requiring retailer to take products on quota basisby requiring the retailer to take and dispose of a certain quota of any of such products; or 982
(c)Inducing exclusive purchasing arrangements with retailers. Commercial bribery: To induce through any of the following means, any trade buyer engaged in the sale of distilled spirits, wine, or malt beverages, to purchase any such products from such, person to the exclusion in whole or in part of distilled spirits, wine, or malt beverages sold or offered for sale by other persons in interstate or foreign commerce, if such inducement is made in the course of interstate or foreign commerce, or if such person engages in the practice of using such means, or any of them, to such an extent as substantially to restrain or prevent transactions in interstate or foreign commerce in any such products, or if the direct effect of such inducement is to prevent, deter, hinder, or restrict other persons from selling or offering for sale any such products to such trade Through commercial bribery.Offering bonus to employee of buyer.buyer in interstate or foreign commerce:
(1)By commercial bribery; or
(2)by offering or giving any bonus, premium, or compensation to any officer, or employee, or representative of the trade buyer; or
(d)Consignment sales.Prohibited practices. Consignment sales: To sell, offer for sale, or contract to sell to any trade buyer engaged in the sale of distilled spirits, wine, or malt beverages, or for any such trade buyer to purchase, offer to purchase, or contract to purchase, any such products on consignment or under conditional sale or with the privilege of return or on any basis otherwise than a bona fide sale, or where any part of such transaction involves, directly or indirectly, the acquisition by such person from the trade buyer or his agreement to acquire from the trade buyer other distilled spirits, wine, or malt beverages—if such sale, purchase, offer, or contract is made in the course of interstate or foreign commerce, or if such person or trade buyer engages in such practice to such an extent as substantially to restrain or prevent transactions in interstate or foreign commerce in any such products, or if the direct effect of such sale, purchase, offer, or contract is to prevent, deter, hinder, or restrict other persons from selling or offering for sale any such products to such trade buyer in interstate or *Proviso*.When provision inapplicable.foreign commerce: *Provided*, That this subsection shall not apply to transactions involving solely the bona fide return of merchandise for ordinary and usual commercial reasons arising after the merchandise has been sold; or
(e)Labeling.Shipment or delivery of products not conforming to labeling regulations.*Post*, p. 1152. Labeling.— To sell or ship or deliver for sale or shipment, or otherwise introduce in interstate or foreign commerce, or to receive therein, or to remove from customs custody for consumption, any distilled spirits, wine, or malt beverages in bottles, unless such products are bottled, packaged, and labeled in conformity with Standards for regulations.such regulations, to be prescribed by the Administrator, with respect to packaging, marking, branding, and labeling and size and fill of To prohibit deception of consumer.container
(1)as will prohibit deception of the consumer with respect to such products or the quantity thereof and as will prohibit, irrespective of falsity, such statements relating to age, manufacturing processes, analyses, guarantees, and scientific or irrelevant matters To provide consumer with information respecting product.as the Administrator finds to be likely to mislead the consumer;
(2)as will provide the consumer with adequate information as to the identity and quality of the products, the alcoholic content thereof (except that statements of, or statements likely to be considered as statements of, alcoholic content of malt beverages are hereby prohibited unless required by State law and except that, in case of wines, statements of alcoholic content shall be required only for wines containing more than 14 per centum of alcohol by volume), the net contents of the package, and the manufacturer or bottler or To inform consumer respecting use of neutral spirits.importer of the product;
(3)as will require an accurate statement, in the case of distilled spirits (other than cordials, liqueurs, and specialties) produced by blending or rectification, if neutral spirits have been used in the production thereof, informing the consumer 983of the percentage of neutral spirits so used and of the name of the commodity from which such neutral spirits have been distilled, or in case of neutral spirits or of gin produced by a process of continuous distillation, the name of the commodity from which distilled;
(4)as will prohibit statements on the label that are disparagingTo prohibit disparaging statements on labels.To prevent deception of consumer through misleading labels. of a competitor’s products or are false, misleading, obscene, or indecent; and
(5)as will prevent deception of the consumer by use of a trade or brand name that is the name of any living individual of public prominence, or existing private or public organization, or is a name that is in simulation or is an abbreviation thereof, and as will prevent the use of a graphic, pictorial, or emblematic representation of any such individual or organization, if the use of such name or representation is likely falsely to lead the consumer to believe that the product has been indorsed, made, or used by, or produced for, or under the supervision of, or in accordance with the specifications of, such individual or organization: *Provided*, That*Provisos*.Limitation on application of clause. this clause shall not apply to the use of the name of any person engaged in business as a distiller, brewer, rectifier, blender, or other producer, or as an importer, wholesaler, retailer, bottler, or warehouseman, of distilled spirits, wine, or malt beverages, nor to the use by any person of a trade or brand name used by him or his predecessor in interest prior to the date of the enactment of this Act; including regulations requiring, at time of release from customs custody, certificates issued by foreign governments covering origin, age, and identity of imported products: *Provided further*, ThatUse of trade name or brand of foreign origin.*Post*, p. 1966 nothing herein nor any decision, ruling, or regulation of any Department of the Government shall deny the right of any person to use any trade name or brand of foreign origin not presently effectively registered in the United States Patent Office which has been used by such person or predecessors in the United States for a period of at least five years last past, if the use of such name or brand is qualified by the name of the locality in the United States in which the product is produced, and, in the case of the use of such name or brand on any label or in any advertisement, if such qualification is as conspicuous as such name or brand. It shall be unlawful for any person to alter, mutilate, destroy,Alteration, mutilation, etc., of mark, etc., on beverages in interstate commerce. obliterate, or remove any mark, brand, or label upon distilled spirits, wine, or malt beverages held for sale in interstate or foreign commerce or after shipment therein, except as authorized by Federal law or except pursuant to regulations of the Administrator authorizing relabeling for purposes of compliance with the requirements of this subsection or of State law. In order to prevent the sale or shipment or other introduction ofRemoval for consumption of beverages from customs custody.*Post*, p. 1965. distilled spirits, wine, or malt beverages in interstate or foreign commerce, if bottled, packaged, or labeled in violation of the requirements of this subsection, no bottler, or importer of distilled spirits, wine, or malt beverages, shall, after such date as the Administrator fixes as the earliest practicable date for the application of the provisions of this subsection to any class of such persons (but not later than March 1, 1936, and only after thirty days’ public notice), bottle or remove from customs custody for consumption distilled spirits, wine, or malt beverages, respectively, unless theProhibited unless approved certificate of label issued. bottler or importer, upon application to the Administrator, has obtained and has in his possession a certificate of label approval covering the distilled spirits, wine, or malt beverages, issued by the Administrator in such manner and form as he shall by regulations prescribe: *Provided*, That any such bottler shall be exempt from the*Proviso*.Exemption when beverage not for shipment. requirements of this subsection if the bottler, upon application to the Administrator, shows to the satisfaction of the Administrator 984that the distilled spirits, wine, or malt beverages to be bottled by the applicant are not to be sold, or offered for sale, or shipped or delivered for shipment, or otherwise introduced, in interstate or Withholding release of beverage unless certificate obtained.foreign commerce. Officers of internal revenue and customs are authorized and directed to withhold the release of such products from the bottling plant or customs custody unless such certificates have been obtained, or unless the application of the bottler for Jurisdiction of courts over action of Administrator upon applications.exemption has been granted by the Administrator. The district courts of the United States, the Supreme Court of the District of Columbia, and the United States court for any Territory, shall have jurisdiction of suits to enjoin, annul, or suspend in whole or in part any final action by the Administrator upon any application under this subsection; or
(f)Advertising.Prohibition on use of matter not conforming to regulations. Advertising: To publish or disseminate or cause to be published or disseminated by radio broadcast, or in any newspaper, periodical or other publication or by any sign or outdoor advertisement or any other printed or graphic matter, any advertisement of distilled spirits, wine, or malt beverages, if such advertisement is in, or is calculated to induce sales in, interstate or foreign commerce, or is disseminated by mail, unless such advertisement is in conformity with such regulations, to be prescribed by the Administrator, To prevent deception of consumer.(1) as will prevent deception of the consumer with respect to the products advertised and as will prohibit, irrespective of falsity, such statements relating to age, manufacturing processes, analyses, guaranties, and scientific or irrelevant matters as the Administrator finds To provide consumer with information respecting product.to be likely to mislead the consumer;
(2)as will provide the consumer with adequate information as to the identity and quality of the products advertised, the alcoholic content thereof (except that statements of, or statements likely to be considered as statements of, alcoholic content of malt beverages are prohibited and except that, in case of wines, statements of alcoholic content shall be required only for wines containing more than 14 per centum of alcohol by To require accurate statement respecting neutral spirits content.volume), and the person responsible for the advertisement;
(3)as will require an accurate statement, in the case of distilled spirits (other than cordials, liqueurs, and specialties) produced by blending or rectification, if neutral spirits have been used in the production thereof, informing the consumer of the percentage of neutral spirits so used and of the name of the commodity from which such neutral spirits have been distilled, or in case of neutral spirits or of gin produced by a process of continuous distillation, the name of the To prohibit disparaging statements.commodity from which distilled;
(4)as will prohibit statements that are disparaging of a competitor’s products or are false, misleading, To prevent statements inconsistent with label statements.Outdoor advertising.obscene, or indecent;
(5)as will prevent statements inconsistent with any statement on the labeling of the products advertised. This subsection shall not apply to outdoor advertising in place on June 18, 1935, but shall apply upon replacement, restoration, or renovation Classes of persons to whom prohibitions not applicable.of any such advertising. The prohibitions of this subsection and regulations thereunder shall not apply to the publisher of any newspaper, periodical, or other publication, or radio broadcaster, unless such publisher or radio broadcaster is engaged in business as a distiller, brewer, rectifier, or other producer, or as an importer or wholesaler, of distilled spirits, wine, or malt beverages, or as a bottler, or warehouseman and bottler, of distilled spirits, directly or indirectly or through an affiliate. Provisions not applicable to State agencies.The provisions of subsections (a), (b), and
(c)shall not apply to any act done by an agency of a State or political subdivision thereof, or by any officer or employee of such agency. 985 In the case of malt beverages, the provisions of subsections (a), (b),Malt beverages; pro-visions applicable to interstate transactions. (c), and
(d)shall apply to transactions between a retailer or trade buyer in any State and a brewer, importer, or wholesaler of malt beverages outside such State only to the extent that the law of such State imposes similar requirements with respect to similar transactions between a retailer or trade buyer in such State and a brewer, importer, or wholesaler of malt beverages in such State, as the case may be. InLabeling provisions. the case of malt beverages, the provisions of subsections
(e)and
(f)shall apply to the labeling of malt beverages sold or shipped or delivered for shipment or otherwise introduced into or received in any State from any place outside thereof, or the advertising of malt beverages intended to be sold or shipped or delivered for shipment or otherwise introduced into or received in any State from any place outside thereof, only to the extent that the law of such State imposes similar requirements with respect to the labeling or advertising, as the case may be, of malt beverages not sold or shipped or delivered for shipment or otherwise introduced into or received in such State from any place outside thereof. The Administrator shall give reasonable public notice, and afford toNotice prior to prescribing regulations; hearings. interested parties opportunity for hearing, prior to prescribing regulations to carry out the provisions of this section. bulk sales and bottlingBulk sales and bottling. Sec. 6.
(a)It shall be unlawful for any person—Unlawful practices.
(1)To sell or offer to sell, contract to sell, or otherwise disposeBulk sales of distilled spirits. of distilled spirits in bulk except, under regulations of the Administrator, for export or to the following, or to import distilled spirits in bulk except, under such regulations, for sale to or for use by the following: A distiller, rectifier of distilled spirits, person operating a bonded warehouse qualified under the internal-revenue laws or a class 8 bonded warehouse qualified under the customs laws, a winemaker for the fortification of wines, a proprietor of an industrial alcohol plant, or an agency of the United States or any State or political subdivision thereof.
(2)To sell or offer to sell, contract to sell, or otherwise disposeSales of warehouse receipts for distilled spirits. of warehouse receipts for distilled spirits in bulk unless such ware-house receipts require that the warehouseman shall package such distilled spirits, before delivery, in bottles labeled and marked in accordance with law, or deliver such distilled spirits in bulk only to persons to whom it is lawful to sell or otherwise dispose of distilled spirits in bulk.
(3)To bottle distilled spirits unless the bottler is a person toBottling distilled spirits. whom it is lawful to sell or otherwise dispose of distilled spirits in bulk.
(b)Any person who violates the requirements of this section shall,Punishment for violations. upon conviction thereof, be fined not more than $5,000 or imprisoned for not more than one year or both, and shall forfeit to the United States all distilled spirits with respect to which the violation occurs and the containers thereof.
(c)The term “in bulk” means in containers having a capacity“In bulk” construed. in excess of one wine gallon. penaltiesPenalties. Sec. 7. The District Courts of the United States, the Supreme CourtJurisdiction of courts. of the District of Columbia, and the United States court for any Territory, of the District where the offense is committed or threatened or of which the offender is an inhabitant or has his principal place of business, are hereby vested with jurisdiction of any suit brought by 986the Attorney General in the name of the United States, to prevent and Violations of sections 3 and 5; punishment.restrain violations of any of the provisions of this Act. Any person violating any of the provisions of sections 3 or 5 shall be guilty of a misdemeanor and upon conviction thereof be fined not more than Compromise of liabilities.$1,000 for each offense. Subject to the approval of the Attorney General, the Administrator is authorized, with respect to any violation of this Act, to compromise the liability arising with respect to such violation
(1)upon payment of a sum not in excess of $500 for each offense, to be collected by the Administrator and to be paid into the Treasury as miscellaneous receipts, and
(2)in case of repetitious violations and in order to avoid multiplicity of criminal proceedings, upon agreement to a stipulation that the United States may, on its own motion upon five days’ notice to the violator, cause a consent decree to be entered by any court of competent jurisdiction enjoining the repetition of such violation. Interlocking directorates.interlocking directorates Sec. 8. Prohibition.
(a)Except as provided in subsection (b), it shall be unlawful for any individual to take office, after the date of the enactment of this Act, as an officer or director of any company, if his doing so would make him an officer or director of more than one company engaged in business as a distiller, rectifier, or Exception when application approved by Administrator; showing required.blender of distilled spirits, or of any such company and of a company which is an affiliate of any company engaged in business as a distiller, rectifier, or blender of distilled spirits, or of more than one company which is an affiliate of any company engaged in business as a distiller, rectifier, or blender of distilled spirits, unless, prior to taking such office, application made by such individual to the Administrator has been granted and after due showing has been made to him that service by such individual as officer or director of all the foregoing companies of which he is an officer or director together with service in the company with respect to which application is made will not substantially restrain or prevent competition in interstate or foreign commerce in Action of Administrator on application.distilled spirits. The Administrator shall, by order, grant or deny such application on the basis of the proof submitted to Jurisdiction of courts to review.him and his finding thereon. The District Courts of the United States, the Supreme Court of the District of Columbia, and the United States court for any Territory shall have jurisdiction of suits to enjoin, annul, or suspend in whole or in part any final action by the Administrator upon any application under this subsection.
(b)Exceptions to prohibition. An individual may, without regard to the provisions of sub section (a), take office as an officer or director of a company described in subsection
(a)while holding the position of officer or director of any other such company if such companies are affiliates at the time of his taking office and if—
(1)Existing companies with interlocking directorates. Such companies are affiliates on the date of the enactment of this Act; or
(2)Companies complying with State laws. Each of such companies has been organized under the law of a State to comply with a requirement thereof under which, as a condition of doing business in such State, such company must be organized under the law of such State; or
(3)One or more such companies has been organized under the law of a State to comply with a requirement thereof under which, as a condition of doing business in such State, such company must be organized under the laws of such State, and the other one or more of such companies not so organized, is in existence on the date of the enactment of this Act; or 987
(4)One or more of such companies has been organized under the law of a State to comply with a requirement thereof under which, as a condition of doing business in such State, such company must be organized under the law of such State, and not more than one of such companies is a company which has not been so organized and which has been organized after the date of the enactment of this Act.
(c)As used in this section, the term “company” means a corporation,“Company” construed. joint stock company, business trust, or association, but does not include any agency of a State or political subdivision thereof or any officer or employee of any such agency.
(d)Any individual taking office in violation of this section shallPunishment for violation. be punished by a fine of not exceeding $1,000. disposal of forfeited alcoholic beveragesForfeited alcoholic beverages. Sec. 9.
(a)All distilled spirits, wine, and malt beverages forfeited,Delivery to Secretary of Treasury.*Post*, p. 1966. summarily or by order of court, under any law of the United States, shall be delivered to the Secretary of the Treasury to be disposed of as hereinafter provided.
(b)The Secretary of the Treasury shall dispose of all distilledDisposition. spirits, wine, and malt beverages which have been delivered to him pursuant to subsection (a)—
(1)By delivery to such Government agencies as, in his opinion, have a need for such distilled spirits, wine, or malt beverages for medicinal, scientific, or mechanical purposes; or
(2)By gift to such eleemosynary institutions as, in his opinion, have a need for such distilled spirits, wine, or malt beverages for medicinal purposes; or
(3)By destruction.
(c)No distilled spirits, wine, or malt beverages which have beenRestriction on other disposition. seized under any law of the United States, may be disposed of in any manner whatsoever except after forfeiture and as provided in this section.
(d)The Secretary of the Treasury is authorized to make all rulesRules and regulations. and regulations necessary to carry out the provisions of this section. federal alcohol control administrationFederal Alcohol Control Administration. Sec. 10. The Federal Alcohol Control Administration establishedAbolishment. by Executive order under the provisions of Title I of the National Industrial Recovery Act is hereby abolished. All papers, records, and property of such Federal Alcohol Control Administration are hereby transferred to the Administrator. This section shall takeEffective date. effect on the date that the Administrator first appointed under this Act takes office. Sec. 11. Section 610 of the Revenue Act of 1918, as amendedRevenue Act of 1918.Vol. 40, p. 1109; [U. S. C., p. 1166](/us/usc/p1166). (U. S. C., Supp. VII, title 26, sec. 1310), is amended by adding at the end thereof the following new paragraph: " “The provisions of the internal-revenue laws applicable to naturalCitrus-fruit wines.*Post*, p. 1957. wine shall apply in the same manner and to the same extent to citrus-fruit wines which are the product of normal alcoholic fermentation of the juice of sound ripe citrus fruit (except lemons and limes), with or without the addition of dry cane, beet, or dextrose sugar (containing, respectively, not less than 95 per centum of actual sugar, calculated on a dry basis) for the purpose of perfecting the product according to standards, but without the addition or abstraction of other substances, except as may occur in the usual cellar treatment of clarifying or aging.” " 988 Sec. 12. Vol. 40, p. 1110; Vol. 45, n. 868; Vol. 48, p. 314; [U. S. C., p. 1164](/us/usc/p1164). Section 612 of the Revenue Act of 1918, as amended (U. S. C., Supp. VII, title 26, sec. 1301), is amended to read as follows: " “Sec. 612. Fortification of wines; withdrawals from fruit distillery or bonded warehouses.*Post*, p. 1957. That under such regulations and official supervision and upon the giving of such notices, entries, bonds, and other security as the Commissioner, with the approval of the Secretary, may prescribe, any producer of wines defined under the provisions of this title may withdraw from any fruit distillery or special bonded warehouse grape brandy, or wine spirits, for the fortification of such wines on the premises where actually made, and any producer of citrus-fruit wines may similarly withdraw citrus-fruit brandy for the fortification of citrus-fruit wines on the premises *Provisos.*Tax levy.where actually made: *Provided*, That there shall be levied and assessed against the producer of such wines or citrus-fruit wines a tax (in lieu of the internal-revenue tax now imposed thereon by law) of 20 cents per proof gallon of grape brandy, citrus-fruit brandy, or wine spirit whenever withdrawn and hereafter so used by him in the fortification of such wines or citrus-fruit wines during the preceding month, which assessment shall be paid by him within Restriction.ten months from the date of notice thereof: *Provided further*, That nothing contained in this section shall be construed as exempting any wines, citrus-fruit wines, cordials, liqueurs, or similar compounds from the payment of any tax provided for in this title. Tax-free withdrawals; regulations.“Any such wines or citrus-fruit wines may, under such regulations as the Secretary may prescribe, be sold or removed tax free for the manufacture of vinegar, or for the production of dealcoholized wines containing less than one-half of 1 per centum of alcohol by volume. “The taxes imposed by this section shall not apply to dealcoholized wines containing less than one-half of 1 per centum of alcohol by volume.” " Sec. 13. Vol. 40, p. 1110; Vol. 48, p. 314; [U. S. C., p. 1164](/us/usc/p1164).Tax rate on liqueurs, etc., containing citrus-fruit wine, etc.*Post*, p. 1952.Vol. 26, p. 621; Vol. 40, p. 1111; [U. S. C., p. 1164](/us/usc/p1164).Fortification of pure sweet wines.*Post*, p. 1958.Use of citrus-fruit brandy. Section 613 of the Revenue Act of 1918, as amended (U. S. C., Supp. VII, title 26, sec. 1300
(a)(2)), is amended by inserting after “grape brandy” a comma and the following: “or containing citrus-fruit wine fortified with citrus-fruit brandy”. Sec. 14. Section 42 of the Act entitled “An Act to reduce the revenue and equalize duties on imports, and for other purposes”, approved October 1, 1890, as amended (U. S. C., Supp. VII, title 26, sec. 1302(a)), is amended by inserting at the end thereof the following new paragraph: " “The provisions of this section and section 43 shall apply to the use of citrus-fruit brandy in the preparation of fortified citrus-fruit wines in the same manner and to the same extent as such provisions apply to the use of wine spirits in the fortification of sweet wines, except that no brandy (other than a citrus-fruit brandy) may be used in the fortification of citrus-fruit wine and a citrus-fruit brandy prepared from one kind of citrus fruit may not be used for the fortification of a citrus-fruit wine prepared from another kind of citrus fruit or for the fortification of a wine prepared from any fruit other than citrus fruit.” " Sec. 15. [R. S., sec. 3255, p. 627](/us/rs/s3255/p627); [U. S. C., p. 1148](/us/usc/p1148).Vol. 40, p. 1114. Section 3255 of the Revised Statutes, as amended (U. S. C., Supp. VTI, title 26, sec. 1176), is amended to read as follows: " “Sec. 3255. Exemption of distillers of brandy from requirements relating to spirits manufacture.*Post*, p. 1959. The Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, may exempt distillers of brandy made exclusively from apples, peaches, grapes, oranges, pears, pineapples, apricots, berries, plums, pawpaws, persimmons, prunes, figs, cherries, dates, or citrus fruits (except lemons and limes) from any provision of the internal-revenue laws relating to the manufac989ture of spirits, except as to the tax thereon, when in his judgment it may seem expedient to do so: *Provided*, That where, in the manufacture*Provisos.*When artificial sweetening used in wine manufacture. of wine or citrus-fruit wine, artificial sweetening has been used, the wine, or the fruit pomace residuum thereof, or the citrus-fruit wine may be used in the distillation of brandy or citrus-fruit brandy, as the case may be, and such use shall not prevent the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, from exempting such distiller from any provision of the internal-revenue laws relating to the manufacture of spirits, except as to the tax thereon, when in his judgment it may seem expedient to do so: *And provided further*, That the distillers mentionedSugar solation additions. in this section may add to not less than five hundred gallons (ten barrels) of grape cheese not more than five hundred gallons of a sugar solution made from cane, beet, starch, or corn sugar, 95 per centum pure, such solution to have a saccharine strength of not to exceed 10 per centum, and may ferment the resultant mixture on a winery or distillery premises, and such fermented product shall be regarded as distilling material.” " Sec. 16.
(a)Section 1 of the Act of March 3, 1877, as amendedVol. 19, p. 393: [U. S. C., p. 1159](/us/usc/p115).Special bonded warehouses; number. (U. S. C., Supp. VII,11So in original. sec. 1250), is amended by striking out “not exceeding ten in numbers in any one collection-district,” and by inserting at the end of such section the following new paragraph: " “The Commissioner of Internal Revenue, under such regulations as he may promulgate from time to time with the approval of the Secretary of the Treasury, may, in his discretion, establish such warehouses adjacent to distilleries, and may, in his discretion, permit the removal of brandy directly from the distillery to such warehouses, and from such warehouses to the distillery warehouse of the producing distiller.” "
(b)Section 51 of the Act of August 27, 1894, as amended (U. S. C.,Vol. 28, p. 564; [U. S. C., p. 1160](/us/usc/p1160).*Post*, p. 1961. Supp. VII,11So in original. sec. 1265), is amended by striking out “not exceeding ten in number in any one collection district,” and by inserting at the end of such section the following new paragraph: " “The Commissioner of Internal Revenue, under such regulationsEstablishment of warehouses adjacent to distilleries; removal of brandy. as he may promulgate from time to time with the approval of the Secretary of the Treasury, may, in his discretion, establish such warehouses adjacent to distilleries, and may, in his discretion, permit the removal of spirits directly from the distillery to such warehouses, and from such warehouses to the distillery warehouse of the producing distiller.” " miscellaneousMiscellaneous. Sec. 17.
(a)As used in this Act—Definitions.
(1)The term “Administrator” means the head of the Federal“Administrator.” Alcohol Administration.
(2)The term “United States” means the several States and“United States”: “State.” Territories and the District of Columbia; the term “State” includes a Territory and the District of Columbia; and the term “Territory.”“Territory” means Alaska, Hawaii, and Puerto Rico.
(3)The term “interstate or foreign commerce” means commerce“Interstate or foreign commerce.” between any State and any place outside thereof, or commerce within any Territory or the District of Columbia, or between points within the same State but through any place outside thereof.
(4)The term “person” means individual, partnership, joint stock“Person.” company, business trust, association, corporation, or other form of business enterprise, including a receiver, trustee, or liquidating agent and including an officer or employee of any agency of a State or political subdivision thereof; and the term “trade buyer” means any“Trade buyer.” person who is a wholesaler or retailer. 990
(5)“Affiliate.” The term “affiliate” means any one of two or more persons if one of such persons has actual or legal control, directly or indirectly, whether by stock ownership or otherwise, of the other or others of such persons; and any one of two or more persons subject to common control, actual or legal, directly or indirectly, whether by stock ownership or otherwise.
(6)“Distilled spirits.” The term “distilled spirits” means ethyl alcohol, hydrated oxide of ethyl, spirits of wine, whiskey, rum, brandy, gin, and other distilied spirits, including all dilutions and mixtures thereof, for nonindust rial use.
(7)“Wine.” Vol. 40, p. 1110; [U. S. C., p. 1104](/us/usc/p1104). The term “wine” means
(1)wine as defined in section 610 and section 617 of the Revenue Act of 1918 (U. S. C., title 26, secs. 441 and 444) as now in force or hereafter amended, and
(2)other alcoholic beverages not so defined, but made in the manner of wine, including sparkling and carbonated wine, wine made from condensed grape must, wine made from other agricultural products than the juice of sound, ripe grapes, imitation wine, compounds sold as wine, vermouth, cider, perry, and sake; in each instance only if containing not less than 7 per centum and not more than 24 per centum of alcohol by volume, and if for nonindustrial use.
(8)“Malt beverage.” The term “malt beverage” means a beverage made by the alcoholic fermentation of an infusion or decoction, or combination of both, in potable brewing water, of malted barley with hops, or their parts, or their products, and with or without other malted cereals, and with or without the addition of unmalted or prepared cereals, other carbohydrates or products prepared therefrom, and with or without the addition of carbon dioxide, and with or without other wholesome products suitable for human food consumption.
(9)“Bottle.” The term “bottle” means any container, irrespective of the material from which made, for use for the sale of distilled spirits, wine, or malt beverages at retail.
(b)Reservation of right to amend. The right to amend or repeal the provisions of this Act is expressly reserved.
(c)Separability of provisions. if any provision of this Act, or the application of such provision to any person or circumstance, is held invalid, the remainder of the Act and the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. Approved, August 29, 1935. To authorize the acceptance of bids for Government contracts made subject to codes of fair competition. 1935-08-29 815 Chapter 49 Stat. 990 74 1 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-01-07 public [CHAPTER 815.] JOINT RESOLUTION To authorize the acceptance of bids for Government contracts made subject to codes of fair competition. August 29, 1935.[[S. J. Res. 163](/us/bill/74/sjres/163).][[Pub. Res., No. 65](/us/bill/74/pubres/65).] Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, Government contracts.Acceptance of bids made subject to codes of fair competition. That no bid submitted prior to the enactment of this joint resolution in response to the invitation of any executive department, independent establishment, or other agency or instrumentality of the United States, the District of Columbia, or any corporation all the stock of which is owned by the United States (all of the foregoing being hereinafter designated as “agencies of the United States”), if otherwise valid and acceptable, shall be rejected because made subject to the provisions of any code or codes of fair competition, or any related requirements (as provided in Executive Order Numbered 6646 of March 14, 1934), Requirement.if the bidder, with the assent of his surety, shall agree in writing that the contract, if entered into, shall, in lieu of such code provisions or other related requirements, be subject to all Acts of Congress, 991enacted after the date of enactment of this joint resolution, requiring 11So in original.the observance of minimum wages, maximum hours, or limitations as to age of employees in the performance of contracts with agencies of the United States. In such cases the compensation provided forReduction of compensation stated in contract. in the contract shall be reduced from that stated in the bid by the amount that the contracting officer, subject to the approval of the Comptroller General, shall find the cost of performing the contract is reduced solely by reason of the contractor not complying with the provisions of such code or codes or related requirements; and theIncrease when cost of performance increased by reason of compliance with subsequent Acts of Congress. compensation for the performance of the contract shall be increased from that fixed in the contract by the amount that the contracting officer, subject to the approval of the Comptroller General, shall find the cost of performing the contract has been increased solely by reason of compliance with such subsequent Acts of Congress, if any, relating to the performance of contracts with agencies of the United States. Approved, August 29, 1935. To extend the time within which contracts may be modified or canceled under the provisions of section 5 of the Independent Offices Appropriation Act, 1934. 1935-08-29 816 Chapter 49 Stat. 991 74 1 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-01-07 public [CHAPTER 816.] JOINT RESOLUTION To extend the time within which contracts may be modified or canceled under the provisions of section 5 of the Independent Offices Appropriation Act, 1934. August 29, 1935.[[S. J. Res. 175](/us/bill/74/sjres/175).][[Pub. Res., No. 66](/us/bill/74/pubres/66).] Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That section 5Ocean mail, postal service.Time for modification of contracts, extended.Vol. 48, p. 305;[ U. S. C., p. 1806](/us/usc/p1806).*Ante*, p. 101.Fraudulent or illegal contracts. of the Independent Offices Appropriation Act, 1934, as amended, be amended by striking out “October 31, 1935” and inserting in lieu thereof “March 31, 1936”: *Provided*, That the right of the United States to annul any fraudulent or illegal contract or to institute suit to recover sums paid thereon is in no manner affected by this joint resolution. Approved, August 29, 1935. To stabilize the bituminous coal-mining industry and promote its interstate commerce; to provide for cooperative marketing of bituminous coal; to levy a tax on bituminous coal and provide for a drawback under certain conditions; to declare the production, distribution, and use of bituminous coal to be affected with a national public interest; to conserve the bituminous coal resources of the United States; to provide for the general welfare, and for other purposes; and providing penalties. 1935-08-30 824 Chapter 49 Stat. 991 74 1 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-01-07 public [CHAPTER 824.] AN ACT To stabilize the bituminous coal-mining industry and promote its interstate commerce; to provide for cooperative marketing of bituminous coal; to levy a tax on bituminous coal and provide for a drawback under certain conditions; to declare the production, distribution, and use of bituminous coal to be affected with a national public interest; to conserve the bituminous coal resources of the United States; to provide for the general welfare, and for other purposes; and providing penalties. August 30, 1935.[[H. R. 9100](/us/bill/74/hr/9100).][
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