United States Code · Section
§ 5171 — Establishment
26 U.S.C. § 5171
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(a) Except as otherwise provided by law, operations as a distiller, warehouseman, or processor may be conducted only on the bonded premises of a distilled spirits plant by a person who is qualified under this subchapter.
(b) A distilled spirits plant may be established only by a person who intends to conduct at such plant operations as a distiller, as a warehouseman, or as both.
(1) Each person shall, before commencing operations at a distilled spirits plant (and at such other times as the Secretary may by regulations prescribe), make application to the Secretary for, and receive notice of, the registration of such plant.
(2) No operation in addition to those set forth in the application made pursuant to paragraph (1) may be conducted at a distilled spirits plant until the person has made application to the Secretary for, and received notice of, the registration of such additional operation.
(3) The Secretary may by regulations prescribe for each type of operation minimum capacity and level of activity requirements for qualifying premises as a distilled spirits plant.
(4) No plant (or additional operation) shall be registered under this section until the applicant has complied with the requirements of law and regulations in relation to the qualification of such plant (or additional operation).
(1) Each person required to file an application for registration under subsection (c) whose distilled spirits operations (or any part thereof) are not required to be covered by a basic permit under the Federal Alcohol Administration Act (27 U.S.C. secs. 203 and 204) shall, before commencing the operations (or part thereof) not so covered, apply for and obtain a permit under this subsection from the Secretary to engage in such operations (or part thereof). Subsections (b), (c), (d), (e), (f), (g), and (h) of section 5271 are hereby made applicable to persons filing applications and permits required by or issued under this subsection.
(2) Paragraph (1) shall not apply to any agency of a State or political subdivision thereof or to any officer or employee of any such agency, and no such agency, officer, or employee shall be required to obtain a permit thereunder.
(1) For penalty for failure of a distiller or processor to file application for registration as required by this section, see section 5601(a)(2).
(2) For penalty for the filing of a false application by a distiller, warehouseman, or processor of distilled spirits, see section 5601(a)(3).
Implementing Regulations
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§ 19.111 Scope.27 C.F.R. § 19.111
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§ 19.71 Registration and permits in general.27 C.F.R. § 19.71
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§ 19.1 Definitions.27 C.F.R. § 19.1
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§ 19.80 Approved notice of registration.27 C.F.R. § 19.80
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§ 19.115 Change in officers, directors, members, or managers27 C.F.R. § 19.115
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§ 19.51 Home production of distilled spirits prohibited.27 C.F.R. § 19.51
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§ 19.123 Statement of plant security.27 C.F.R. § 19.123
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§ 19.38 Approval of required documents.27 C.F.R. § 19.38
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§ 19.693 Operating requirements for alternating proprietorships.27 C.F.R. § 19.693
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§ 19.112 General rules for amending a registration.27 C.F.R. § 19.112
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§ 19.120 Change in operations.27 C.F.R. § 19.120
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§ 27.11 Meaning of terms.27 C.F.R. § 27.11
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§ 71.49a Applications for operating permits and industrial use permits.27 C.F.R. § 71.49a
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§ 26.11 Meaning of terms.27 C.F.R. § 26.11
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§ 71.5 Meaning of terms.27 C.F.R. § 71.5
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§ 19.95 Issuance of operating permits.27 C.F.R. § 19.95
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§ 19.72 General requirements for registration.27 C.F.R. § 19.72
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§ 19.76 Statement of plant security.27 C.F.R. § 19.76
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§ 19.73 Information required in application for registration.27 C.F.R. § 19.73
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§ 19.91 Operating permit.27 C.F.R. § 19.91
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§ 71.48 Operating permits and industrial use permits.27 C.F.R. § 71.48
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§ 19.692 Qualifying for alternating proprietorship.27 C.F.R. § 19.692
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§ 6.3 Proceedings covered.31 C.F.R. § 6.3
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PART 71—RULES OF PRACTICE IN PERMIT PROCEEDINGS27 C.F.R. pt. 71
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§ 19.134 Change in location.27 C.F.R. § 19.134
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§ 19.94 Trade names.27 C.F.R. § 19.94
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§ 19.135 Change in operations.27 C.F.R. § 19.135
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§ 19.126 General rules for amending an operating permit.27 C.F.R. § 19.126
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§ 19.132 Change in proprietorship.27 C.F.R. § 19.132
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§ 19.131 Changes in officers, directors, members, or managers.27 C.F.R. § 19.131
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§ 19.403 Application to receive spirits in bond.27 C.F.R. § 19.403
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§ 19.92 Information required in application for operating permit.27 C.F.R. § 19.92
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§ 19.130 Changes in stockholders or persons with interest.27 C.F.R. § 19.130
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§ 19.402 Authorized transfers in bond.27 C.F.R. § 19.402
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§ 19.662 Definitions.27 C.F.R. § 19.662