§ 215. — Labeling requirement.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 27USC215]
TITLE 27--INTOXICATING LIQUORS
CHAPTER 8--FEDERAL ALCOHOL ADMINISTRATION ACT
SUBCHAPTER II--ALCOHOLIC BEVERAGE LABELING
Sec. 215. Labeling requirement
(a) Statement required on container
On and after the expiration of the 12-month period following
November 18, 1988, it shall be unlawful for any person to manufacture,
import, or bottle for sale or distribution in the United States any
alcoholic beverage unless the container of such beverage bears the
following statement:
``GOVERNMENT WARNING: (1) According to the Surgeon General, women
should not drink alcoholic beverages during pregnancy because of the
risk of birth defects. (2) Consumption of alcoholic beverages impairs
your ability to drive a car or operate machinery, and may cause health
problems.''.
(b) Conspicuous and prominent location of statement on container
The statement required by subsection (a) of this section shall be
located in a conspicuous and prominent place on the container of such
beverage, as determined by the Secretary, shall be in type of a size
determined by the Secretary, and shall appear on a contrasting
background. The Secretary shall make such determinations within 90 days
after November 18, 1988.
(c) Alcoholic beverages intended for export; beverages intended for
Armed Forces of the United States
Subsection (a) of this section shall not apply with respect to
alcoholic beverages that are manufactured, imported, bottled, or labeled
for export from the United States, or for delivery to a vessel or
aircraft, as supplies, for consumption beyond the jurisdiction of the
internal revenue laws of the United States: Provided, That this
exemption shall not apply with respect to alcoholic beverages that are
manufactured, imported, bottled, or labeled for sale, distribution, or
shipment to members or units of the Armed Forces of the United States,
including those located outside the United States.
(d) Powers of Secretary; rules and regulations; consultation and
coordination with Surgeon General
The Secretary shall--
(1) have the power to--
(A) ensure the enforcement of the provisions of this
subchapter, and
(B) issue regulations to carry out this subchapter, and
(2) consult and coordinate the health awareness efforts of the
labeling requirements of this subchapter with the Surgeon General of
the United States.
(Aug. 29, 1935, ch. 814, title II, Sec. 204, as added Pub. L. 100-690,
title VIII, Sec. 8001(a)(3), Nov. 18, 1988, 102 Stat. 4519.)
References in Text
The internal revenue laws of the United States, referred to in
subsec. (c), are classified generally to Title 26, Internal Revenue
Code.
Section Referred to in Other Sections
This section is referred to in sections 216, 217 of this title.