U.S. Code » Title 27 » Chapter CHAPTER 8— FEDERAL ALCOHOL ADMINISTRATION ACT › Subchapter SUBCHAPTER I— FEDERAL ALCOHOL ADMINISTRATION

27 U.S.C. § 206

Bulk sales and bottling

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(a) OffensesIt shall be unlawful for any person—(1) To sell or offer to sell, contract to sell, or otherwise dispose of distilled spirits in bulk except, under regulations of the Secretary of the Treasury, for export or to the following, or to import distilled spirits in bulk except, under such regulations, for sale to or for use by the following: A distiller, rectifier of distilled spirits, person operating a bonded warehouse qualified under the internal-revenue laws or a class 8 bonded warehouse qualified under the customs laws, a winemaker for the fortification of wines, a proprietor of an industrial alcohol plant, or an agency of the United States or any State or political subdivision thereof.(2) To sell or offer to sell, contract to sell, or otherwise dispose of warehouse receipts for distilled spirits in bulk unless such warehouse receipts require that the warehouseman shall package such distilled spirits, before delivery, in bottles labeled and marked in accordance with law, or deliver such distilled spirits in bulk only to persons to whom it is lawful to sell or otherwise dispose of distilled spirits in bulk.(3) To bottle distilled spirits unless the bottler is a person to whom it is lawful to sell or otherwise dispose of distilled spirits in bulk.(b) Penalty

Any person who violates the requirements of this section shall, upon conviction thereof, be fined not more than $5,000 or imprisoned for not more than one year or both, and shall forfeit to the United States all distilled spirits with respect to which the violation occurs and the containers thereof.

(c) “In bulk” defined

The term “in bulk” mean in containers having a capacity in excess of one wine gallon.

(Aug. 29, 1935, ch. 814, title I, § 106, formerly § 6, 49 Stat. 985; 1940 Reorg. Plan No. III, § 2, eff. June 30, 1940, 5 F.R. 2108, 54 Stat. 1232; renumbered title I, § 106, Pub. L. 100–690, title VIII, § 8001(a)(1), (2), Nov. 18, 1988, 102 Stat. 4517.)Executive DocumentsTransfer of Functions

“Secretary of the Treasury” was substituted in subsec. (a)(1) for “Administrator”, meaning the Administrator of the Federal Alcohol Administration, pursuant to Reorg. Plan No. III of 1940, see note set out under section 201 of this title.

Notes of Decisions
Cited in 6 cases, 1943–2002 · leading case: United States v. $359,500 in United States Currency, 828 F.2d 930 (2d Cir. 1987).
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United States v. $359,500 in United States Currency, 828 F.2d 930 (2d Cir. 1987). “§ 608a(5) (forfeiture for exceeding commodities quota or allotment); 27 U.S.C. § 206 (b) (distilled spirits conveyed unlawfully in bulk); 30 U.”
Bolick v. Roberts, 199 F. Supp. 2d 397 (E.D. Va. 2002). “37 27 U.S.C. §§ 206 — 207. Accordingly, it is clear that the Federal Alcohol Administration Act does not sanctify or shield the state action at issue in this case.”
Covey v. Am. Distilling Co., 132 F.2d 453 (7th Cir. 1943). “The theory of the petition is that the contract between Zinn and appellee was void ab initio because Zinn at no time was legally qualified to buy it, by virtue of 27 U.S.C.A. § 206 (a) (1) (2) and (c) and Illinois Revised Statutes 1939, Chapter 43, section 115 (a) (b).”
Nat'l Distrib. Co. v. United States Treasury Dep't, 626 F.2d 997 (D.C. Cir. 1980). “The most controversial provision of the bill was its restriction on bulk sales to retailers, Section 6, 27 U.S.C. § 206 . During the lengthy debate on this provision, see especially 79 Cong.”
Schieffelin & Co. & Beitzell & Co. v. United States, 424 F.2d 1396 (C.C.P.A. 1970). “206(a) of the Federal Alcohol Administration Act, *1401 27 U.S.C. § 206 (a), which allows only bottled spirits to be sold to the ultimate consumer.”
Pekin Warehouse Co. v. Parnell Co., 242 F.2d 166 (8th Cir. 1957). · cites it 2× “27 U.S.C.A. § 206 (a) (2). It similarly may be noticed that the State of Missouri too has indicated a measure of special concern about warehouse receipts issued on “intoxicating liquor”, which it has not asserted as to receipts issued on goods in general, in that it prohibits,…”
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