§ 211. — Miscellaneous provisions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 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.
