
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 27USC211]

 
                     TITLE 27--INTOXICATING LIQUORS
 
              CHAPTER 8--FEDERAL ALCOHOL ADMINISTRATION ACT
 
              SUBCHAPTER I--FEDERAL ALCOHOL ADMINISTRATION
 
Sec. 211. Miscellaneous provisions


(a) Definitions

    As used in this subchapter--
        (1) The term ``United States'' means the several States and 
    Territories and the District of Columbia; the term ``State'' 
    includes a Territory and the District of Columbia; and the term 
    ``Territory'' means Alaska, Hawaii, and Puerto Rico.
        (2) The term ``interstate or foreign commerce'' means commerce 
    between any State and any place outside thereof, or commerce within 
    any Territory or the District of Columbia, or between points within 
    the same State but through any place outside thereof.
        (3) The term ``person'' means individual, partnership, joint 
    stock company, business trust, association, corporation, or other 
    form of business enterprise, including a receiver, trustee, or 
    liquidating agent and including an officer or employee of any agency 
    of a State or political subdivision thereof; and the term ``trade 
    buyer'' means any person who is a wholesaler or retailer.
        (4) The term ``affiliate'' means any one of two or more persons 
    if one of such persons has actual or legal control, directly or 
    indirectly, whether by stock ownership or otherwise, of the other or 
    others of such persons; and any one of two or more persons subject 
    to common control, actual or legal, directly or indirectly, whether 
    by stock ownership or otherwise.
        (5) The term ``distilled spirits'' means ethyl alcohol, hydrated 
    oxide of ethyl, spirits of wine, whiskey, rum, brandy, gin, and 
    other distilled spirits, including all dilutions and mixtures 
    thereof, for non-industrial use.
        (6) The term ``wine'' means (1) wine as defined in section 610 
    and section 617 of the Revenue Act of 1918 as now in force or 
    hereafter amended, and (2) other alcoholic beverages not so defined, 
    but made in the manner of wine, including sparkling and carbonated 
    wine, wine made from condensed grape must, wine made from other 
    agricultural products than the juice of sound, ripe grapes, 
    imitation wine, compounds sold as wine, vermouth, cider, perry and 
    sake; in each instance only if containing not less than 7 per centum 
    and not more than 24 per centum of alcohol by volume, and if for 
    non-industrial use.
        (7) The term ``malt beverage'' means a beverage made by the 
    alcoholic fermentation of an infusion or decoction, or combination 
    of both, in potable brewing water, or malted barley with hops, or 
    their parts, or their products, and with or without other malted 
    cereals, and with or without the addition of unmalted or prepared 
    cereals, other carbohydrates or products prepared therefrom, and 
    with or without the addition of carbon dioxide, and with or without 
    other wholesome products suitable for human food consumption.
        (8) The term ``bottle'' means any container, irrespective of the 
    material from which made, for use for the sale of distilled spirits, 
    wine, or malt beverages at retail.

(b) Right to amend or repeal

    The right to amend or repeal the provisions of this subchapter is 
expressly reserved.

(c) Separability

    If any provision of this subchapter, or the application of such 
provision to any person or circumstance, is held invalid, the remainder 
of the chapter and the application of such provision to persons or 
circumstances other than those as to which it is held invalid, shall not 
be affected thereby.

(Aug. 29, 1935, ch. 814, title I, Sec. 117, formerly Sec. 17, 49 Stat. 
989; 1940 Reorg. Plan No. III, Sec. 2, eff. June 30, 1940, 5 F.R. 2108, 
54 Stat. 1232; renumbered title I, Sec. 117, and amended Pub. L. 100-
690, title VIII, Sec. 8001(a)(1), (2), (b)(2), Nov. 18, 1988, 102 Stat. 
4517, 4521.)

                       References in Text

    The Revenue Act of 1918, referred to in subsec. (a)(6), is act Feb. 
24, 1919, ch. 18, 40 Stat. 1057. Sections 610 and 617 of the Revenue Act 
of 1918, relating to the definition of ``wine'', were originally 
classified to sections 441 and 444 of former Title 26, and were 
thereafter included as sections 3036, 3044 and 3045 of the Internal 
Revenue Code of 1939. Provisions of the Internal Revenue Code of 1986 
relating to the definition and classification of wine appear in sections 
5373(a), 5381 to 5388, and 5392 of Title 26, Internal Revenue Code.

                          Codification

    As originally enacted subsection (a)(1) of this section defined the 
term ``Administrator'' whose appointment was authorized under section 
202 of this title. This definition is no longer effective since Reorg. 
Plan No. III of 1940, set out in the Appendix to Title 5, Government 
Organization and Employees, abolished the Federal Alcohol Administration 
and provided that its functions, funds, personnel, and property should 
be transferred to the Secretary of the Treasury to be administered 
through the Bureau of Internal Revenue [now Internal Revenue Service]. 
See, also, Transfer of Functions note set out under section 201 of this 
title.


                               Amendments

    1988--Pub. L. 100-690, Sec. 8001(b)(2), substituted ``this 
subchapter'' for ``this chapter'' wherever appearing.


               Admission of Alaska and Hawaii to Statehood

    Alaska was admitted into the Union on Jan. 3, 1959, on issuance of 
Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, and Hawaii was 
admitted into the Union on Aug. 21, 1959, on issuance of Proc. No. 3309, 
Aug. 21, 1959, 24 F.R. 6868, 73 Stat. c74. For Alaska Statehood Law, see 
Pub. L. 85-508, July 7, 1958, 72 Stat. 339, set out as a note preceding 
section 21 of Title 48, Territories and Insular Possessions. For Hawaii 
Statehood Law, see Pub. L. 86-3, Mar. 18, 1959, 73 Stat. 4, set out as a 
note preceding section 491 of Title 48.

                  Section Referred to in Other Sections

    This section is referred to in title 26 section 5392.
