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SUBCHAPTER M-ALCOHOL, TOBACCO AND OTHER EXCISE TAXES

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Miscellaneous regulations relating to liquor............
Commerce in firearms and ammunition ...

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Additional supplementary publications are issued covering individual parts of the Alcohol, Tobacco and Firearms Regulations, the Tobacco Tax Guide, and Regulations Under Tax Conventions.

CROSS REFERENCES:

U.S. Customs Service, Department of the Treasury: See 19 CFR Chapter I.
Federal Trade Commission: See 16 CFR Chapter I.

Food and Drug Administration, Department of Health and Human Services: See 21 CFR Chapter I.

Foreign Trade Statistics, Bureau of the Census, Department of Commerce: See 15 CFR Part 30.

Postal Service: See section 124 of the Domestic Mail Manual.

Other regulations issued by the Department of the Treasury appear in Title 26; 31 CFR Chapter I.

ABBREVIATIONS: The following abbreviations are used in this chapter:
ATF-Alcohol, Tobacco and Firearms. TD=Treasury Decision.

EDITORIAL NOTE: At 48 FR 10309, March 11, 1983, the following document was published affecting Parts 4, 5, and 7.

Bureau of Alcohol, Tobacco and Firearms

27 CFR Parts 4, 5, and 7

[Notice No. 459]

Ingredient Labeling of Wine, Distilled

Spirits, and Malt Beverages

AGENCY: Bureau of Alcohol, Tobacco
and Firearms (ATF), Treasury.
ACTION: Reinstatement of Treasury
Decision ATF-66.

SUMMARY: This notice announces the Treasury Department's reinstatement of the ingredient labeling regulations as originally promulgated in T.D. ATF-66 (45 FR 40538; June 13, 1980). The Treasury Department and ATF are making this announcement pursuant to the order of the United States District Court for the District of Columbia, in Center for Science in the Public Interest v. Department of the Treasury, Civil Action No. 82-610.

By order dated February 8, 1983, the court vacated and set aside T.D. ATF94, 46 FR 55093 (November 6, 1981) which rescinded T.D. ATF-66. This document requires ingredient labeling of alcoholic beverages after February 8, 1984.

EFFECTIVE DATE: March 11, 1983.

FOR FURTHER INFORMATION CONTACT: Imelda M. Koett Kirk, Bureau of Alcohol, Tobacco and Firearms, P.O. Box 385, Washington, DC 20044-0385, 202566-7806.

SUPPLEMENTARY INFORMATION: The Treasury Department and the Bureau of Alcohol, Tobacco and Firearms are announcing that T.D. ATF-66, 45 FR 40538 (June 13, 1980), requiring ingre

dient labeling of alcoholic beverages will be mandatory on February 8, 1984. The Treasury Department and ATF are making this announcement pursuant to the order of the United States District Court for the District of Columbia, in Center for Science in the Public Interest v. Department of the Treasury, Civil Action No. 82-610.

By order dated February 8, 1983, the court vacated and set aside T.D. ATF94, 46 FR 55093 (November 6, 1981) which rescinded T.D. ATF-66. The court further ordered the Department to announce within 30 days a new date, not to exceed one year from the date of its order, upon which T.D. ATF-66 will be mandatory. The Government subsequently moved the court to amend its order to allow the Government 60 days in which to announce a new effective date so that the Government could decide whether to appeal before announcing a new mandatory This compliance date.

motion was denied.

Publication of this notice is without prejudice to, and not a waiver of, the Government's right to appeal the district court's decision, seek a stay of the court mandated effective date of T.D. ATF-66 or take other appropriate administrative action. Such appeal, stay, or other action which the Government is still considering could result in a change in the mandatory date.

Signed: March 8, 1983.

Stephen E. Higgins,

Acting Director.

Approved: March 9, 1983.

David Q. Bates,

Acting Assistant Secretary (Enforcement and Operations).

[FR Doc. 83-6441 Filed 3-10-83; 8:45 am] BILLING CODE 4810-31-M

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Subpart G-Miscellaneous

1.55 Recalling permits for correction. 1.56 Oaths and affirmations.

1.57

Procedure.

1.58 Filing of permits.

1.59 Public information as to applications acted upon.

AUTHORITY: 27 U.S.C. 203, 204.

SOURCE: T.D. 6521, 25 FR 13831, Dec. 29, 1960, unless otherwise noted.

Subpart A-Scope

§ 1.1 General.

The regulations in this part relate to requirements governing the issuance, amendment, denial, revocation, suspension, automatic termination, and annulment of basic permits and the duration of permits, except that the provisions of Part 200, Rules of Practice in Permit Proceedings, of this chapter are hereby made applicable to administrative proceedings with respect to the application for, and to the suspension, revocation, or annulment of, basic permits under the Federal Alcohol Administration Act.

[T.D. 6521, 25 FR 13831, Dec. 29, 1960, as amended by T.D. ATF-48, 44 FR 55837, Sept. 28, 1979]

§ 1.2 Territorial extent.

The provisions of this part are applicable to the several States of the United States, the District of Columbia and Puerto Rico.

§ 1.3 Forms prescribed.

(a) The Director is authorized to prescribe all forms 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. Gov

ernment 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. Request for the appropriate forms upon which to apply for basic permits also may be directed to the regional director (compliance).

[T.D. ATF-92, 46 FR 46911, Sept. 23, 1981]

Subpart B-Definitions

§1.5 Meaning of terms.

As used in this part, unless the context otherwise requires, terms shall have the meaning ascribed in this subpart.

Act. The Federal Alcohol Administration Act.

Applicant. Any person who has filed with the regional director (compliance) an application for a basic permit under the Federal Alcohol Administration Act.

Basic permit. A formal document issued under the Act in the form prescribed by the Director, authorizing the person named therein to engage in the activities specified at the location stated.

Director. The Director, Bureau of Alcohol, Tobacco and Firearms, the Department of the Treasury, Washington, D.C.

Other term. Any other term defined in the Federal Alcohol Administration Act and used in this part shall have the same meaning assigned to it by the Act.

Permittee. Any person holding a basic permit issued under the Federal Alcohol Administration Act.

Person. Any individual, partnership, joint-stock company, business trust, association, corporation, or other form of business enterprise, including a receiver, trustee, or liquidating agent.

Regional director (compliance). The principal ATF regional official responsible for administering regulations in this part.

Resale at wholesale. A sale to any trade buyer.

Trade buyer. Any person who is a wholesaler or retailer of distilled spirits, wine, or malt beverages.

[T.D. ATF-48, 43 FR 13532, Mar. 31, 1978; 44 FR 55837, Sept. 28, 1979]

Subpart C-Basic Permits

WHEN REQUIRED

§1.20 Importers.

No person, except pursuant to a basic permit issued under the act, shall:

(a) Engage in the business importing into the United States distilled spirits, wine, or malt beverages; or

(b) While so engaged, 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.

§ 1.21 Domestic producers, rectifiers, blenders, and warehousemen.

No person, except pursuant to a basic permit issued under the Act, shall:

(a) 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

(b) While so engaged, 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.

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No person, except pursuant to a basic permit issued under the Act, shall:

(a) Engage in the business of purchasing for resale at wholesale, distilled spirits, wine, or malt beverages; or,

(b) While so engaged, receive, 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. § 1.23 State agencies.

This subpart shall not apply to any agency of a State or political subdivi

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