General
The Secretary may by regulations require the gauging of distilled spirits for such purposes, as he may deem necessary, and all required gauges shall be made at such times and under such conditions as he may by regulations prescribe.
Gauging instruments
For the determination of tax and the prevention and detection of frauds, the Secretary may prescribe for use such hydrometers, saccharometers, weighing and gauging instruments, or other means or methods for ascertaining the quantity, gravity, and producing capacity of any mash, wort, or beer used, or to be used, in the production of distilled spirits, and the strength and quantity of spirits subject to tax, as he may deem necessary; and he may prescribe regulations to secure a uniform and correct system of inspection, weighing, marking, and gauging of spirits.
Gauging, marking, and branding by proprietors
The Secretary may by regulations require the proprietor of a distilled spirits plant, at the proprietor’s expense and under such supervision as the Secretary may require, to do such gauging, marking, and branding and such mechanical labor pertaining thereto as the Secretary deems proper and determines may be done without danger to the revenue.
Pub. L. 85–859, title II, § 20172 Stat. 1358Pub. L. 94–455, title XIX, § 1906(b)(13)(A)90 Stat. 1834Pub. L. 96–39, title VIII, § 807(a)(23)93 Stat. 283Pub. L. 98–369, div. A, title IV, § 454(c)(4)98 Stat. 821(Added , , ; amended , , ; , , ; , , .)
Editorial Notes
Prior Provisions
Present subsecs.: | Prior sections |
|---|---|
(a) | 5193(a), 5194(g), 5245, 5282(b). |
(b) | 5212. |
(c) | 5193(d), 5250(b), 5282(b), 5306. |
act Aug. 16, 1954, ch. 73668A Stat. 633The prior sections, , are set out in , 634, 636, 639, 647, 649, 652, 657.
Amendments
Pub. L. 98–3691984—Subsec. (c). struck out “stamping,” before “marking” in heading and text.
Pub. L. 96–391979—Subsec. (a). struck out “, in addition to those specified in section 5202(f),” after “spirits for such purposes”.
Pub. L. 94–4551976—Subsecs. (a) to (c). struck out “or his delegate” after “Secretary” wherever appearing.
Statutory Notes and Related Subsidiaries
Effective Date of 1984 Amendment
Pub. L. 98–369section 456(b) of Pub. L. 98–369section 5101 of this titleAmendment by effective , see , set out as an Effective Date note under .
Effective Date of 1979 Amendment
Pub. L. 96–39section 810 of Pub. L. 96–39section 5001 of this titleAmendment by effective , see , set out as a note under .