the 72-hours limitation on detention of the container. MARKS AND BRANDS; PACKAGING AND LABELING (72 Stat. 1375; 26 U.S.C. 5311) ADVERTISING AND SALE its COB a Gor § 211.29 Advertising. It is not permissible to advertise, without any qualifying words, such as “Denatured” or “Completely Denatured”, that “Alcohol" or "Rum”, which has been denatured, is for sale. arety. ministra Il bonds uired bi 8 211.33 Time of destruction of marks and brands. The marks, brands, and labels required by this chapter to be placed on packages containing denatured alcohol, specially denatured rum, or articles shall not be destroyed or altered until such denatured alcohol, specially denatured rum, or articles have been removed from the packages. When such packages have been emptied, the marks, brands, and labels shall be effaced or obliterated. The marks on drums containing proprietary antifreeze solutions, proprietary solvents, and special industrial solvents shall be effaced or obliterated when the packages are emptied. (72 Stat. 1358; 26 U.S.C. 5205) (72 Stat. 1372; 26 U.S.C. 5273) $ 211.30 Unlawful sale. No person shall sell denatured alcohol or specially denatured rum or any substance or preparation made with or containing denatured alcohol or specially denatured rum for use, or for sale for use, for beverage purposes; nor shall any person sell any of such products under circumstances from which it might reasonably appear that it is the intention of the purchaser to procure the same for sale, or use, for beverage purposes. Similarly, no person shall sell or offer for sale for internal human use any medicinal preparations or flavoring extracts manufactured from denatured alcohol or specially denatured rum where any of the alcohol or rum remains in the finished product. (72 Stat. 1314, 1372; 26 U.S.C. 5001, 5273) tain any LIABILITY FOR TAX posed to he has 8 211.31 Persons liable for tax. Any person who produces, withdraws, sells, transports, or uses denatured alcohol, specially denatured rum, or articles in violation of laws or regulations pertaining thereto and all such denatured alcohol, specially denatured rum, or articles shall be subject to all provisions of law pertaining to alcohol or rum that is not denatured, including those requiring the payment of tax thereon; and the person so producing, withdrawing, selling, transporting, or using the denatured alcohol, specially denatured rum, or articles shall be required to pay such tax. $ 211.33a Labeling. (a) General. In addition to the marks and brands required by this part, other governmental agencies may impose labeling requirements on denatured spirits, and articles made there. from. It is the responsibility of the person filling containers with articles manufactured under the provisions of this part to assure that the labels or marks on such containers satisfy all pertinent State and Federal requirements. (b) Federal Hazardous Substances Labeling Act. Whenever this part requires the container of any substance to be marked or labeled so as to convey information with respect to hazardous properties of the substance, and such substance is also subject to substantially similar requirements under the Federal Hazardous Substances Labeling Act (72 Stat. 372) and regulations in 21 CFR Part 191, information on the container of such substance shall be deemed to comply with the requirements of this part, insofar as they relate to the hazardous properties of the substance, if such information complies with the labeling requirements of such Act and of regulations in 21 CFR Part 191. (c) Fair Packaging and Labeling Act. Packages containing denatured spirits or articles may also be subject to the proceed put such continue urs with ention of nistrator, in of the o its de the con premises waiver of (72 Stat. 1314; 26 U.S.C. 5001) provisions of the Fair Packaging and shall be filed with the regional regulaLabeling Act (80 Stat. 1296) and to any tory administrator. All data, written applicable regulations promulgated by statements, affidavits, and other docuthe Federal Trade Commission in 16 ments submitted in support of the apCFR Part 500 and by the Department plication shall be deemed to be a part of Health, Education, and Welfare in thereof. Such application shall be ac21 CFR Part 1. Compliance with the companied by evidence which will esprovisions of this part does not afford tablish the authority of the officer or any relief from the necessity of also other person who executes the applicomplying with the requirements of cation to execute the same and, where that Act and regulations. applicable, by the application for a [T.D. 6925, 32 FR 11210, Aug. 2, 1967. Re withdrawal permit, Form 1477, redesignated at 40 FR 16835, Apr. 15, 1975) quired by $ 211.131. DOCUMENT REQUIREMENTS (72 Stat. 1370; 26 U.S.C. 5271) $ 211.34 Execution under penalties of per 8 211.42 Application Form 1479, for jury. permit to use or recover. When a form or other document Each person, except a distilled spircalled for under this part is required its plant proprietor qualified under by this part or in the instructions on Part 19 of this chapter, desiring to use or with the form or other document to specially denatured alcohol or specialbe executed under penalties of perju- ly denatured rum, or both, and each ry, it shall be so executed, as defined person desiring to recover denatured in § 211.11, and shall be signed by the alcohol, specially denatured rum, or bonded dealer or user or other duly articles shall, before commencing busiauthorized person. ness, apply for and obtain an industri al use permit, Form 1481. Except as (68A Stat. 749; 26 U.S.C. 6065) provided in § 211.42a, application for $ 211.35 Filing of qualifying documents. an industrial use permit shall be on Form 1479. The application, and necAll documents returned to a permit retee or other person as evidence of com essary supporting documents as quired by this subpart for the permit, pliance with requirements of this part, or as authorizations shall, except as shall be filed with the regional regula tory administrator. All data, written otherwise provided, be kept readily statements, affidavits, and other docuavailable for inspection by an ATF of ments submitted in support of the apficer during business hours. plication shall be a part of the applica tion. The application shall be accomSubpart D-Qualification of Bonded panied by evidence which will estabDealers and Users lish the authority of the officer or other person who executes the appliAPPLICATION FOR INDUSTRIAL USE cation to execute the same and, where PERMIT applicable, by the application for a withdrawal permit, Form 1485, re$ 211.41 Application for bonded dealer quired by $ 211.161. permit. (Sec. 201, Pub. L. 85-859, 72 Stat. 1370 as Every person, except a proprietor of amended (26 U.S.C. 5271)) a distilled spirits plant who sells specially denatured alcohol or specially (T.D. ATF-62, 44 FR 71696, Dec. 11, 1979) denatured rum stored at his plant premises, who desires to deal in spe $ 211.42a Application, Form 4326, for limcially denatured alcohol or specially ited industrial use and withdrawal per mits. denatured rum, or both, shall, before commencing business, make applica- Any person desiring to use not more tion for and obtain an industrial use than 60 gallons of specially denatured permit, Form 1476. Application, Form alcohol and/or specially denatured 1474, and necessary supporting docu- rum during a calendar year may file ments as required by this subpart, application, Form 4326, for a limited or ired , OP usi stri t as for - 00 nec industrial use permit and a limited users, a general statement as to the in- and recovery processes, including procpermit and limited withdrawal permit, essing tanks, storage tanks, bottling regardless of the quantity to be pro facilities, and equipment for the recovcured or on hand: Provided, That no ery, restoration (including the serial specially denatured spirits or articles number, kind, capacity, name and adare to be recovered, and all specially dress of owner, and intended use of denatured spirits will be obtained from distilling apparatus), and redenaturaone supplier. The application, and nec- tion of recovered denatured alcohol or essary supporting documents as re specially denatured rum by users, and quired by this subpart, shall be filed the size and complete description of with the regional regulatory adminis the specially denatured alcohol or spetrator. All data, written statements, cially denatured rum storeroom affidavits, and other documents in storage tanks. support of the application shall be (g) Trade names (see § 211.52). deemed to be a part thereof. Such ap (h) List of the offices, the incumplication shall be accompanied by evi bents of which are authorized by the dence which will establish the authori. articles of incorporation, by laws, or ty of the officer or other person who the board of directors to act on behalf executes the application to execute of the applicant or to sign his name. the same. (i) On specific request of the region(72 Stat. 1370; 26 U.S.C. 5271) al regulatory administrator, furnish a (T.D. 7058, 35 FR 14395, Sept. 12, 1970. Re statement showing whether any of the designated at 40 FR 16835, Apr. 15, 1975) persons whose names and addresses are required to be furnished under the 8 211.43 Data for application, Forms 1474 provisions of 88 211.53(a)(2) and and 1479. 211.53(c) have (1) ever been convicted Each application on Form 1474 or of a felony or misdemeanor under Fed1479 shall include, as applicable, the eral or State law, (2) ever been arrestfollowing information: ed or charged with any violation of (a) Serial number and purpose for State or Federal law (convictions or which filed. arrests or charges for traffic violations (b) Name and principal business ad- need not be reported as to paragraphs dress of applicant. (h)(1) and (2) of this section, if such (c) Location of the dealer's or user's violations are not felonies), or (3) ever premises if different from the business applied for, held, or been connected address. with a permit issued under Federal (d) Statement as to the type of busi- law to manufacture, distribute, sell, or ness organization and of the persons use spirits or products containing alcointerested in the business, supported hol or rum, whether or not for beverby the items of information listed in age use, or held any financial interest $ 211.53. in any business covered by any such (e) Statement of operations showing permit, and, if so, give the number and the estimated maximum quantity in classification of such permit, the gallons of specially denatured alcohol period of operation thereunder, and or specially denatured rum to be on state in detail whether such permit hand, in transit, and unaccounted for was ever suspended, revoked, annulled, at any one time and, in the case of or otherwise terminated. ore red red file ced Where any of the information required by paragraphs (d) through (h) of this section is on file with the regional regulatory administrator, the applicant may, by incorporation by reference thereto, state that such information is made a part of the application for an industrial use permit. The applicant shall, when so required by the regional regulatory administrator, furnish as part of his application for an industrial use permit such additional information as may be necessary for the regional regulatory administrator to determine whether the applicant is entitled to the permit. (72 Stat. 1370; 26 U.S.C. 5271) tor to determine whether the applicant is entitled to the permit. Where any of the information required by paragraphs (e) and (k) of this section is on file with the regional regulatory administrator, the applicant may, by incorporation by reference thereto, state that such information is made a part of the application. (72 Stat. 1370; 26 U.S.C. 5271) (T.D. 7058, 35 FR 14395, Sept. 12, 1970. Redesignated at 40 FR 16835, Apr. 15, 1975) 8 211.43a Data for application, Form 4326. Each application on Form 4326 shall include the following information: (a) Serial number and purpose for which filed. (b) Name and business address of applicant. (c) Location of the user's premises, if different from the business address. (d) Type of business organization. (e) Trade names (see § 211.52). (f) Maximum quantity of specially denatured alcohol and/or denatured rum to be on hand, in transit, and unaccounted for at any one time. (g) Maximum quantity of specially denatured alcohol and/or specially denatured rum to be withdrawn during a calendar year. (h) Statement of the intended use of the specially denatured spirits. (i) Specially denatured alcohol and/ or specially denatured rum formula numbers. (j) Name and address of the distilled spirits plant or bonded dealer from whom the specially denatured spirits will be procured. (k) List of the offices, the incumbents of which are authorized by the articles of incorporation, bylaws, or the board of directors to act on behalf of the applicant or to sign his name. (1) On specific request of the regional regulatory administrator, furnish a statement of the persons interested in the business, supported by any of the information listed in § 211.53; or such other information as may be necessary for the regional regulatory administra 8 211.44 Exceptions to application require. ments. The regional regulatory administrator may, in his discretion, waive detailed application and supporting data requirements, other than the require. ments of paragraphs (a), (b), (c), and (e) of § 211.43, and of paragraph (f) of such section as it relates to recovery, in the case of applications, Form 1479, filed by other applicants, if the quantity of specially denatured spirits to be obtained by them does not exceed 120 gallons per year. The regional regulatory administrator may, in his discretion, waive detailed application and supporting data requirements, other than the requirements of paragraphs (a), (b), (c), and (f) through (j) of $ 211.43a, in the case of applications on Form 4326. The waiver of the requirements for the submission of detailed application and supporting data shall terminate when a permittee, other than a State or a political subdivision thereof or the District of Columbia, files an application, Form 1485, for an increase in the quantity of specially denatured spirits amount in excess of 120 gallons per year; in such case the permittee shall furnish information in respect of the previously waived items, as provided in § 211.55. to an [T.D. 7058, 35 FR 14395, Sept. 12, 1970. Redesignated at FR 16835, Apr. 15, 1975) INDUSTRIAL USE PERMIT $ 211.45 Conditions of permits. Industrial use permits shall designate the acts which are permitted, and shall include any limitations imposed on the performance of such acts. All quired, or has made any false statement as to any material fact, in connection with his application; or (d) The premises on which the applicant proposes to conduct the business are not adequate to protect the revenue; the regional regulatory administrator may institute proceedings for the disapproval of the application in accordance with the procedures set forth in Part 200 of this chapter. (Sec. 201, Pub. L. 85-859, 72 Stat. 1370, as amended (26 U.S.C. 5271)) (T.D. 7058, 35 FR 14395, Sept. 12, 1970. Redesignated at 40 FR 16835, Apr. 15, 1975, and amended by T.D. ATF-48, 44 FR 55847, Sept. 28, 1979) 8 211.49 Correction of permits. Where an error in an industrial use permit is discovered, the permittee shall, on demand of the regional regulatory administrator, immediately return the permit for correction. (72 Stat. 1370; 26 U.S.C. 5271) -ery, Cher -phs of § 211.48 Disapproval of application. If, on examination of an application on Form 1474 or 1479, for an industrial use permit, or of an application on Form 4326 for a limited industrial use permit and a limited withdrawal permit (or on basis of an inquiry or investigation with respect thereto), the regional regulatory administrator has reason to believe that (a) The applicant is not authorized by law and regulations issued pursuant thereto to withdraw or use specially denatured alcohol or specially denatured rum free of tax; or (b) The applicant (including, in the case of a corporation, any officer, director, or principal stockholder, and, in the case of a partnership, a partner) is, by reason of his business experience, financial standing, or trade connections, not likely to maintain operations in compliance with 26 U.S.C. Chapter 51, or regulations issued thereunder; or (c) The applicant has failed to disclose any material information re § 211.50 Suspension or revocation. Whenever the regional regulatory administrator has reason to believe that any person holding an industrial use permit (a) Has not in good faith complied with the provisions of 26 U.S.C. Chapter 51, or regulations issued thereunder; or regulations issued thereunder; or (b) Has violated the conditions of such permit; or (c) Has made any false statements as to any material fact in his application therefor; or (d) Has failed to disclose any material information required to be furnished; or (e) Has violated or conspired to violate any law of the United States relating to intoxicating liquor or has been convicted of any offense under Title 26, U.S.C., punishable as a felony or of any conspiracy to commit such offense; or (f) Is, by reason of his operations, no longer warranted in procuring, dealing in, or using the specially denatured alcohol or specially denatured rum authorized by this permit; or (g) Has manufactured articles which do not correspond to the descriptions the |