26 U.S.C. § 5179

Registration of stills

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(a) Requirements

Every person having in his possession or custody, or under his control, any still or distilling apparatus set up, shall register such still or apparatus with the Secretary immediately on its being set up, by subscribing and filing with the Secretary a statement, in writing, setting forth the particular place where such still or distilling apparatus is set up, the kind of still and its capacity, the owner thereof, his place of residence, and the purpose for which said still or distilling apparatus has been or is intended to be used (except that stills or distilling apparatus not used or intended to be used for the distillation, redistillation, or recovery of distilled spirits are not required to be registered under this section).

(b) Cross references(1) For penalty and forfeiture provisions relating to unregistered stills, see sections 5601(a)(1) and 5615(1).(2) For provisions requiring notification to set up a still, boiler, or other vessel for distilling, see section 5101(a)(2).(Added Pub. L. 85–859, title II, § 201, Sept. 2, 1958, 72 Stat. 1355; amended Pub. L. 94–455, title XIX, §§ 1905(b)(6)(C), 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1823, 1834; Pub. L. 98–369, div. A, title IV, § 451(b)(1), July 18, 1984, 98 Stat. 819.)Editorial NotesPrior Provisions

A prior section 5179, act Aug. 16, 1954, ch. 736, 68A Stat. 631, related to “survey of distillery”, prior to the general revision of this chapter by Pub. L. 85–859.

Provisions similar to those comprising this section were contained in prior sections 5174 and 5275(2), act Aug. 16, 1954, ch. 736, 68A Stat. 630, 651, prior to the general revision of this chapter by Pub. L. 85–859.

Amendments

1984—Subsec. (b)(2). Pub. L. 98–369 substituted “notification to set up a still, boiler, or other vessel for distilling, see section 5101(a)(2)” for “permit to set up a still, boiler or other vessel for distilling, see section 5105”.

1976—Subsec. (a). Pub. L. 94–455, § 1906(b)(13)(A), struck out “or his delegate” after “Secretary”.

Subsec. (b)(1). Pub. L. 94–455, § 1905(b)(6)(C), struck out “, 5601(b)(1),” after “5601(a)(1)”.

Statutory Notes and Related SubsidiariesEffective Date of 1984 Amendment

Amendment by Pub. L. 98–369 effective on first day of first calendar month which begins more than 90 days after July 18, 1984, see section 456(a) of Pub. L. 98–369, set out as an Effective Date note under section 5101 of this title.

Effective Date of 1976 Amendment

Amendment by section 1905(b)(6)(C) of Pub. L. 94–455 effective on first day of first month which begins more than 90 days after Oct. 4, 1976, see section 1905(d) of Pub. L. 94–455, set out as a note under section 5005 of this title.

Notes of Decisions

Cited in 63 cases, 1961–2011 · leading case: United States v. John Henry McDuffie, 542 F.2d 236 (5th Cir. 1976).

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United States v. John Henry McDuffie, 542 F.2d 236 (5th Cir. 1976). “Because the sentencing procedure in this case failed to meet this standard, appellant’s sentence must be vacated.”

United States v. Armando Restaino, 369 F.2d 544 (3rd Cir. 1966). “The five-count indictment included the usual allegations: possession and custody of distilling apparatus without registering it with the Secretary of the Treasury, 26 U.S.C. §§ 5179 (a), 5601(a) (1); carrying on the business of a distiller without first having obtained a bond,…”

Melvin Edmond Surrett & Billy Charles Walden v. United States, 421 F.2d 403 (5th Cir. 1970). “§ 5222 (a); and (4) possessing an unregistered distillery, in violation of 26 U.S.C. § 5179 (a). The district court, sitting without a jury, found both defendants guilty on all counts.”

United States v. Jody Smith, Sr., 456 F. App'x 200 (4th Cir. 2011). “A person in the business of distilling spirits is required to, among other things, register the still or distilling apparatus, 26 U.S.C. § 5179 , provide a bond covering the operation of the still or distilling apparatus, id.”

Robert F. O'Neal v. United States, 411 F.2d 131 (5th Cir. 1969). “In Count 1 appellant was charged with possession and custody of and control over an unregistered moonshine still, in violation of 26 U.S.C. §§ 5179 (a) and 5601(a); in Count 2 with carrying on the business of a distiller without having given bond, in violation of 26 U.”

United States v. Roy Whitehead, 424 F.2d 446 (6th Cir. 1970). · cites it 2× “§§ 5205 (a) (2) and 5604(a) (1); on count 5 for possessing an unregistered still in violation of 26 U.S.C. §§ 5179 (a) and 5601(a) (1); and on count 8 for carrying and delivering raw materials to an unlawful distillery at which no sign was posted in violation of 26 U.”

Ralph Dupoint v. United States, 388 F.2d 39 (5th Cir. 1968). “A jury in the Valdosta Division of the United States District Court for the Middle District of Georgia convicted the appellant of the possession of an unregistered distillery, 26 U.S.C.A. §§ 5179 (a), 5601(a), and of working at such a place where the required signs had not been…”

United States v. LaBerge, 267 F. Supp. 686 (D. Maryland 1967). · cites it 2× “Count one charges unlawful possession and custody of a still and distillery apparatus, which was not registered with the Secretary of the Treasury or his delegates as required by 26 U.S.C. §§ 5179 and 5601(a) (1). Count two charges the defendants with failure to give bond as…”

James D. Atwell & Melvin Edmon Surrett v. United States, 414 F.2d 136 (5th Cir. 1969). “1 The count charged a *138 violation of 26 U.S.C. § 5179 (a), unlawful possession of an unregistered distilling apparatus.”

United States v. Frank Warren Price & William Riley, 345 F.2d 256 (2d Cir. 1965). “Frank Price and William Riley were indicted for possessing an unregistered still, 26 U.S.C.A. § 5179 (a), fermenting mash for alcohol in an unauthorized distillery, 26 U.”

United States v. Leon J. Lewis, 392 F.2d 377 (2d Cir. 1968). “LUMBARD, Chief Judge: Leon Lewis appeals from a judgment of conviction on one count of an eleven count indictment: possession, custody and control of an unregistered still in violation of 26 U.S.C. §§ 5179 (a), 5601 (a) (1). Prior to trial Judge Mansfield denied a motion to…”

United States v. Frank Romano, John Ottiano, Edward Romano & Antonio Vellucci, 330 F.2d 566 (2d Cir. 1964). “§ 5601 (a) (1), possession of a distilling apparatus not registered as required by 26 U.S.C. § 5179 (a). With appellants Edward Romano and Antonio Vellucci, they were also found guilty of violating § 5601(a) (8), producing distilled spirits when not being authorized to do so by…”

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