§ 194.293 Mixing cocktails in advance of sale. A retail liquor dealer shall not mix cocktails, or compound any alcoholic liquors in advance of sale, except for the purpose of filling, for immediate consumption on the premises, orders received at the bar or in the expectation of the immediate receipt of orders. (For further provisions, see § 194.264.) (Sec. 805, Pub. L. 96-39, 93 Stat. 277 (26 U.S.C. 5002)) [T.D. ATF-62, 44 FR 71694, Dec. 11, 1979] PART 195-PRODUCTION OF VINEGAR BY THE VAPORIZING PROCESS Sec. § 194.292 Wine bottling. Each person desiring to bottle, package, or repackage taxpaid wines shall, before carrying on such operations, apply and receive permission from the regional director (compliance), as required under Part 231 of this chapter. The decanting of wine by caterers or other retail dealers for table or room service, banquets, and similar purposes shall not be considered as "bottling," if the decanters are not furnished for the purpose of carrying wine away from the area where served. (Sec. 201, Pub. L. 85-859, 72 Stat. 1378, as amended (26 U.S.C. 5352)) [T.D. ATF-62, 44 FR 71694, Dec. 11, 1979] Subpart A-Scope of Regulations Sec. 195.246 Examination of reports of proprietors. 195.247 Use of materials not reported. 195.248 Determining low wines produced. 195.249 Notice to proprietor. 195.250 Nature of evidence. 195.251 Consideration of response. 195.252 Evidence of loss. 195.253 Proprietor's failure to respond. Subpart T-Rules for Computing Capacity of 195.260 Pot or kettle stills. Charge chamber stills. 195.262 Continuous stills. AUTHORITY: August 16, 1954, Chapter 736, Stat 917, as amended (26 U.S.C. 7805), unless otherwise noted. SOURCE: 20 FR 2356, Apr. 12, 1955; 20 FR 2512, Apr. 16, 1955, unless otherwise noted. Redesignated at 40 FR 16835, Apr. 15, 1975. EFFECTIVE DATE NOTE: At 50 FR 8543, Mar. 1, 1985, Part 195, was removed effective June 1, 1985. Subpart A-Scope of Regulations § 195.1 Production of vinegar by the va porizing process. The regulations in this part relate to the production of vinegar by the vaporizing process. The regulations cover requirements governing the location; construction; equipment; qualification; changes in premises, equipment, and proprietorship; action by regional director (compliance); plant operations; and records and reports of operations at vinegar plants. § 195.2 Forms prescribed. (a) The Director is authorized to prescribe all forms, including applications, notices, reports, returns, and records, required by this part. All of the information called for in each form shall be furnished as indicated by the headings on the form and the instructions on or pertaining to the form. In addition, information called for in each form shall be furnished as required by this part. (b) "Public Use Forms" (ATF Publication 1322.1) is a numerical listing of forms issued or used by the Bureau of Alcohol, Tobacco and Firearms. This publication is available from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. (c) Requests for forms should be mailed to the ATF Distribution Center, 3800 South Four Mile Run Drive, Arlington, Virginia 22206. (5 U.S.C. 552(a); 80 Stat. 383, as amended) [T.D. ATF-92, 46 FR 46916, Sept. 23, 1981] Subpart B-Definitions § 195.10 Meaning of terms. As used in this part, unless the context otherwise requires, terms shall have the meanings ascribed in this subpart. Words in the plural form shall include the singular, and vice versa, and words in the masculine gender shall include the feminine. ATF officer. An officer or employee of the Bureau of Alcohol, Tobacco and Firearms (ATF) authorized to perform any function relating to the administration or enforcement of this part. Director. The Director, Bureau of Alcohol, Tobacco and Firearms, the Department of the Treasury, Washington, D.C. Distilled spirits. "Distilled spirits" shall mean that substance known as ethyl alcohol, ethanol, spirits, or spirits of wine in any form (including all dilutions and mixtures thereof, from whatever source or by whatever process produced), and includes low wines produced by the vaporizing process in the manufacture of vinegar. Distilling materials. The fermented mash of grain, molasses, or other materials produced for distillation. District director of internal revenue. The Director, Internal Revenue Service, in any of the internal revenue districts. Gallon or wine gallon. A United States gallon of liquid measure equivalent to the volume of 231 cubic inches. Grain gallon. A gallon of vinegar of 100 grain strength. Grain strength. A measure of the acetic acid content of vinegar, expressed as 10 times the grams of acetic acid per 100 ml. Including. The term "including" shall not be deemed to exclude things other than those enumerated which are in the same general class. Person, proprietor, vinegar maker. Includes natural persons, trusts, es tates, associations, partnerships, companies, and corporations. Proof. The ethyl alcohol content of a liquid at 60 degrees Fahrenheit, stated as twice the percent of ethyl alcohol by volume. Proof gallon. The alcoholic equivalent of a United States gallon at 60 degrees Fahrenheit, containing 50 percent of ethyl alcohol by volume. Regional director (compliance). The principal ATF regional official responsible for administering regulations in this part. U.S.C. The United States Code. Vinegar plant or vinegar factory. An establishment qualified under this part for the manufacture of vinegar by the vaporizing process. [T.D. ATF-48, 43 FR 13542, Mar. 31, 1978; 44 FR 55844, Sept. 28, 1979, as amended by T.D. ATF-62, 44 FR 71695, Dec. 11, 1979] Subpart C-Location and Use § 195.35 Restrictions. Vinegar plants producing vinegar by the vaporizing process may not be established in any dwelling house, or in any shed, yard, or enclosure connected with any dwelling house, or on board any vessel, or boat, or on premises where beer or wine is produced, or where liquors of any description are retailed, or where any other business is carried on: Provided, That the regional director (compliance) may, upon application to him in each case, authorize the proprietor to use the equipment of his vinegar plant for the production of vinegar from cider, or from sour wine or vinegar stock, or by the use of specially denatured alcohol, where such alternate production of vinegar is kept separate from the production of vinegar by the vaporizing process and such production will not jeopardize the revenue or unduly increase administrative supervision. (72 Stat. 1391; 26 U.S.C. 5505) [T.D. 6397, 24 FR 5709, July 16, 1959. Redesignated at 40 FR 16835, Apr. 15, 1975] § 195.36 Use of premises. Except as may be permitted pursuant to § 195.35, the premises of a vinegar factory using the vaporizing proc The vinegar factory must be so constructed and equipped as to be suitable for the production of vinegar by the use of the vaporizing process, and must be completely separated from contiguous buildings or rooms, which are not used in conjunction with the vinegar factory, by solid, unbroken, partitions or floors of substantial construction. Such partitions shall extend from the ground to the roof, or from the floor to the ceiling if a room is used: Provided, That necessary openings for the passage of approved water, steam, fuel, or similar lines may be permitted in the walls or partitions. § 195.41 Means of ingress or egress. Except as provided in § 195.40, the doors and other openings must lead into the yard connected with the vinegar factory or a public street: Provided, That where a room or floor is used, the door may open into an elevator shaft, or a common passageway partitioned off from other businesses, leading either directly or through another elevator shaft or similar passageway to the street or yard. Where the door of the vinegar factory opens into a common passageway, as provided above, the partitions forming the common passageway shall be substantially constructed of solid materials or expanded metal or woven wire of not less than 9 gauge nor more than 2-inch mesh, and shall extend from the floor to the ceiling or roof, but doors may be permitted therein. Common passageways must be used exclusively as means of communication. § 195.42 Doors, windows, and other openings. The doors, windows, or other openings in the room or building comprising the distilling department must be so arranged and constructed that they may be securely fastened. No door, window, or other opening will be permitted in the walls or floors leading into another room or building which is not a part of the vinegar factory. § 195.43 Distilling department. A room or rooms must be provided in which will be located the stills and low wine tanks. Such room or rooms shall be known as the distilling department and shall be used exclusively for the production and storage of low wines. A sign must be posted over the door to the distilling department bearing the words "Distilling Department," and if more than one room is used, such rooms shall be given alphabetical designations, as "A," "B," "C," etc. Subpart E-Sign § 195.50 Posting of sign. The proprietor shall place and keep conspicuously on the outside and at the front of the vinegar plant or over the front entrance thereto, where it can be plainly seen, a sign exhibiting, in plain and legible letters, not less than 3 inches in height and of a proper and proportionate width, the name of the proprietor and the words "Vinegar Plant No.--." followed by the registry number assigned by the regional director (compliance): Provided, That where the plant designation as a "Vinegar Factory" has obtained commercial and public significance, such identity may be retained. [20 FR 2356, Apr. 12, 1955; 20 FR 2512, Apr. 16, 1955, as amended by T.D. 6397, 24 FR 5709, July 16, 1959. Redesignated at 40 FR 16835, Apr. 15, 1975] |