§ 8.10 Meaning of terms.

As used in this part, unless the context otherwise requires, terms shall have the meaning ascribed in this part.

Act. "Act" means the Federal Alcohol Administration Act.

Distilled spirits. "Distilled spirits" mean ethyl alcohol, hydrated oxide of ethyl, spirits of wine, whisky, rum, brandy, gin, and other distilled spirits, including all dilutions and mixtures thereof, for non-industrial use.

Malt beverage. "Malt beverage" means a beverage made by the alco

holic fermentation of an infusion or decoction, or combination of both, in potable brewing water, of 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.

Wine. "Wine" means (1) wine as defined in section 610 and section 617 of the Revenue Act of 1918 (U.S.C., title 26, secs. 441 and 444), 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.

(26 U.S.C. 7805 (68A Stat. 917), 27 U.S.C. 205 (49 Stat. 981 as amended), 18 U.S.C. 926 (82 Stat. 959), and Sec. 38, Arms Export Control Act (22 U.S.C. 2778, 90 Stat. 744)) [T.D. ATF-48, 43 FR 13534, Mar. 31, 1978]

Subpart C-Prohibited Extensions of Credit

§ 8.20 Statutory provisions.

Pursuant to clause 6, subsection (b), section 5, Federal Alcohol Administration Act (27 U.S.C. 205(b)(6)), the credit period usual and customary to the industry is hereby ascertained to be thirty days from date of delivery in the case of all sales of distilled spirits, wine, and malt beverages.

§ 8.21 Circumstances in which extension prohibited.

The extension of credit to a retailer, by any person engaged in business as a distiller, brewer, rectifier, blender, or other producer, or as an importer or wholesaler, of distilled spirits, wine, or malt beverages, or as a bottler, or warehouseman and bottler, of distilled

spirits, for a period of time in excess of thirty days from date of delivery, is prohibited when the extension of such credit induces any retailer engaged in the sale of distilled spirits, wine, or malt beverages to purchase any such products from such person to the exclusion in whole or in part of distilled spirits, wine, or malt beverages sold or offered for sale by other persons in interstate or foreign commerce, if such inducement is made in the course of interstate or foreign commerce, or if such person engages in the practice of using such means to such an extent as to substantially restrict or prevent transactions in interstate or foreign commerce in any such products, or if the direct effect of such inducement is to prevent, deter, hinder or restrict other persons from selling or offering for sale any such products to such retailer in interstate or foreign commerce.

PLATS AND FLOW PLANS

18.61

General requirements.

18.62 Preparation.

18.63 Depiction of premises.

18.64

Flow plans.

18.65

Certificate of accuracy.

18.66

Revised plats and plans. 18.67 Additional requirements.

CHANGES AFTER ORIGINAL EstablishMENT

18.71 General requirements.

18.72 Change in name of proprietor. 18.73 Change in proprietorship. 18.74 Adoption of plat and plans. 18.75 Continuing partnerships.

18.76 Change in location.

18.77 Changes in equipment. 18.78 Change in process.

18.79 Suspension and resumption of oper

ations.

18.80 Notice of permanent discontinuance.

18.81 Change in officers and directors.

18.82 Change in stockholders.

Subpart F-Bonds and Consents of Surety

18.91 Bond, Form 1694.

18.92 Corporate surety.

18.93 Filing of powers of attorney. 18.94 Execution of powers of attorney. 18.95 Deposit of securities in lieu of corporate surety.

18.96 Consents of surety.

18.23 Alternate methods or procedures; and emergency variations from require

ments.

18.24 Approval of documents.

18 97 18.98

Strengthening bonds. New bond.

TERMINATION OF BONDS

18.99 Termination of Bond.

erate, pursuant to their prior qualification, after the effective date of the regulations in this part: Provided, That any changes subsequent to that date were in conformity with the requirements of 27 CFR Part 198. All changes in such plants, and all other plants, whether established prior to the effective date of this part or hereafter established, shall be in conformity with this part. Operations of all plants shall be conducted pursuant to the provisions of this part.

Subpart B-Definitions

§ 18.11 Meaning of terms.

When used in this part and in forms prescribed under this part, where not otherwise distinctly expressed or manifestly incompatible with the intent thereof, terms shall have the meaning ascribed in this section. Words in the plural form shall include the singular, and vice versa, and words importing the masculine gender shall include the feminine. The terms "includes" and "including" do not exclude things not enumerated which are in the same general class.

ATF officer. An officer or employe of the Bureau of Alcohol, Tobacco, and Firearms (ATF) authorized to perform any function relating to the administration or enforcement of this part.

Bonded wine cellar. Premises established under the provisions of 26 CFR Part 240 for the production, blending, cellar treatment, storage, bottling, or packaging of untaxpaid wine, and includes premises designated as "bonded winery."

Bureau. Bureau of Alcohol, Tobacco, and Firearms, the Department of the Treasury, Washington, D.C. 20226.

Concentrate. Any volatile fruitflavor concentrate (essence) produced by any process which includes evaporation from any fruit mash or juice.

Concentrate plant. An establishment qualified under this part for the production of concentrates.

Director. The Director, Bureau of Alcohol, Tobacco, and Firearms, the Department of the Treasury, Washington, D.C. 20226.

Executed under penalties of perjury. Signed with the prescribed declaration

under the penalties of perjury as provided on or with respect to the application, report, form, or other document or, where no form of declaration is prescribed, with the declaration: "I declare under the penalties of perjury that this (insert type of

document, such as application or report), including the documents submitted in support thereof, has been examined by me and, to the best of my knowledge and belief, is true, correct and complete."

Flashed mash or juice. The spent fruit mash or juice from which the volatile fruit flavors have been removed.

Fold. The ratio of the volume of the fruit mash or juice to the volume of the concentrate produced from such fruit mash or juice. For example, one galion of concentrate of 100-fold would be the product from 100 gallons of fruit mash or juice.

Fruit. All products commonly known and classified as fruit, berries, or grapes.

High-proof concentrate. For the purposes of this part, "high-proof concentrate" shall mean a concentrate (essence), as defined in this section, having an alcohol content of more than 24 percent by volume but which is deemed unfit for beverage use because of its natural constituents.

Person. An individual, trust, estate, partnership, association, company, or corporation.

Processing material. The fruit mash or juice from which concentrate is to be made.

Proprietor. The person qualified under this part to operate the volatile fruit-flavor concentrate plant.

Regional regulatory administrator. The principal ATF regional official responsible for administering regulations in this part.

Registry number. The number assigned to a volatile fruit-flavor concentrate plant by the regional regulatory administrator.

U.S.C. The United States Code.

(26 U.S.C. 7805 (68A Stat. 917), 27 U.S.C. 205 (49 Stat. 981 as amended), 18 U.S.C. 926 (82 Stat. 959), and Sec. 38, Arms Export Control Act (22 U.S.C. 2778, 90 Stat. 744))

(T.D. ATF-48, 43 FR 13534, Mar. 31, 1978, as amended by T.D. ATF-50, 43 FR 37180, Aug. 22, 1978]

Subpart C-Administrative and

Miscellaneous Provisions

§ 18.21 Forms prescribed.

The Director is authorized to prescribe all forms required by this part. All of the information called for in each form shall be furnished, as indicated by the headings on the forms and the instructions thereon or issued in respect thereto, and as required by this part.

§ 18.22 Other business.

The Director may authorize (a) the establishment of a concentrate plant on premises where fruit products, other than concentrates, are made or (b) the carrying on of such other businesses on premises of a concentrate plant where he finds such establishment of a concentrate plant or the carrying on of such other business will not jeopardize the revenue, hinder effective administration of this part, or be contrary to law.

§ 18.23 Alternate methods or procedures; and emergency variations from requirements.

(a) Alternate methods or procedures. The proprietor, on specific approval by the Director as provided in this paragraph, may use an alternate method or procedure in lieu of a method or procedure specifically prescribed in this part. The Director may approve an alternate method or procedure, subject to stated conditions, when he finds that

(1) Good cause has been shown for the use of the alternate method or procedure;

(2) The alternate method or procedure is within the purpose of, and consistent with the effect intended by, the specifically prescribed method or procedure, and affords equivalent security to the revenue; and

(3) The alternate method or procedure will not the contrary to any provision of law, and will not result in an increase in cost to the Government or

hinder the effective administration of this part.

No alternate method or procedure relating to the giving of any bond shall be authorized under this paragraph. Where the proprietor desires to employ an alternate method or procedure, he shall submit a written application so to do, in triplicate, to the regional regulatory administrator, for transmittal to the Director. The application shall specifically describe the proposed alternate method or procedure, and shall set forth the reasons therefor. Alternate methods or procedures shall not be employed until the application has been approved by the Director. The proprietor shall, during the period of authorization of an alternate method or procedure, comply with the terms of the approved application. Authorization for any alternate method or procedure may be withdrawn whenever in the judgment of the Director the revenue is jeopardized or the effective administration of this part is hindered by the continuation of such authorization. As used in this paragraph, alternate methods or procedures shall include alternate construction or equipment.

(b) Emergency variations from requirements. The Director may approve construction, equipment, and methods of operation other than as specified in this part, where he finds that an emergency exists and the proposed variations from the specified requirements are necessary, and the proposed variations

(1) Will afford the security and protection to the revenue intended by the prescribed specifications;

(2) Will not hinder the effective administration of this part; and

(3) Will not be contrary to any provisions of law.

Variations from requirements granted under this paragraph are conditioned on compliance with the procedures, conditions, and limitations with respect thereto set forth in the approval of the application. Failure to comply in good faith with such procedures, conditions, and limitations shall automatically terminate the authority for such variations, and the proprietor thereupon shall fully comply with the

prescribed requirements of regulations from which the variations were authorized. Authority for any variation may be withdrawn whenever in the judgment of the Director the revenue is jeopardized or the effective administration of this part is hindered by the continuation of such variation. When the proprietor desires to employ such variation, he shall submit a written application so to do, in triplicate, to the regional regulatory administrator for transmittal to the Director. The application shall describe the proposed variations and set forth the reasons therefor. Variations shall not be employed until the application has been approved.

§ 18.24 Approval of documents.

The regional regulatory administrator is authorized to approve, except as otherwise provided in this part, all qualifying documents, bonds and consents of surety required by this part.

§ 18.25 Installation of meters, tanks, and other apparatus.

The regional regulatory administrator is authorized to require the proprietor to install meters, tanks, pipes, or any other apparatus which the regional regulatory administrator deems advisable for the purpose of protecting the revenue. Any proprietor refusing or neglecting to install such apparatus when so required shall not be permitted to operate.

(72 Stat. 1395; 26 U.S.C. 5552)

§ 18.26 Right of entry and examination.

Any ATF officer may at all times, as well by night as by day, enter any concentrate plant to make examination of the materials, equipment, and facilities thereon; and make such gauges and inventories as he deems necessary. Whenever any ATF officer, having demanded admittance, and having declared his name and office, is not admitted into such premises by the proprietor or other person having charge thereof, he may at all times use such force as is necessary for him to gain entry to such premises.

(72 Stat. 1357, 1392, as amended; 26 U.S.C. 5203, 5511)