Public Law 119-83 (04/13/2026)

26 U.S.C. § 5223

Redistillation of spirits, articles, and residues

(a)

Spirits on bonded premises

The proprietor of a distilled spirits plant authorized to produce distilled spirits may, under such regulations as the Secretary shall prescribe, redistill any distilled spirits which have not been withdrawn from bonded premises.

(b)

Distilled spirits returned for redistillation

Distilled spirits which have been lawfully removed from bonded premises free of tax or without payment of tax may, under such regulations as the Secretary may prescribe, be returned for redistillation to the bonded premises of a distilled spirits plant authorized to produce distilled spirits.

(c)

Redistillation of articles and residues

Articles, containing denatured distilled spirits, which were manufactured under the provisions of subchapter D or on the bonded premises of a distilled spirits plant, and the spirits residues of manufacturing processes related thereto, may be received, and the distilled spirits therein recovered by redistillation, on the bonded premises of a distilled spirits plant authorized to produce distilled spirits, under such regulations as the Secretary may prescribe.

(d)

Denatured distilled spirits, articles, and residues

Distilled spirits recovered by the redistillation of denatured distilled spirits, or by the redistillation of the articles or residues described in subsection (c), may not be withdrawn from bonded premises except for industrial use or after denaturation thereof in the manner prescribed by law.

(e)

Products of redistillation

All distilled spirits redistilled on bonded premises subsequent to production gauge shall be treated the same as if such spirits had been originally produced by the redistiller and all provisions of this chapter applicable to the original production of distilled spirits shall be applicable thereto. Any prior obligation as to taxes, liens, and bonds with respect to such distilled spirits shall be extinguished on redistillation. Nothing in this subsection shall be construed as affecting any provision of law relating to the labeling of distilled spirits or as limiting the authority of the Secretary to regulate the marking, branding, or identification of distilled spirits redistilled under this section.

Pub. L. 85–859, title II, § 20172 Stat. 1365 Pub. L. 89–44, title VIII, § 805(d)79 Stat. 161 Pub. L. 94–455, title XIX, § 1906(b)(13)(A)90 Stat. 1834 Pub. L. 96–39, title VIII, § 807(a)(31)93 Stat. 286 (Added , , ; amended , (f)(8), (10), , , 162; , , ; , , .)

Editorial Notes

Prior Provisions

Pub. L. 85–859

Present subsecs.:

Prior sections

(a)

5194(f), 5217(a), 5305, 5308.

(d)

5194(f).

Provisions similar to those comprising subsecs. (a) and (d) of this section were contained in prior sections of act , prior to the general revision of this chapter by , as follows:

act Aug. 16, 1954, ch. 736 68A Stat. 635 The prior sections, , are set out in , 641, 657.

Amendments

Pub. L. 96–39, § 807(a)(31)(A)1979—Subsec. (c). , inserted “or on the bonded premises of a distilled spirits plant” after “subchapter D,”.

Pub. L. 96–39, § 807(a)(31)(B)Subsec. (e). , struck out provisions relating to the treatment of the processing of distilled spirits, subsequent to production gauge, in the manufacture of vodka in the production facilities of a distilled spirits plant as a redistillation of the spirits for purposes of this subsection, subsection (a), and sections 5025(d) and 5215.

Pub. L. 94–4551976—Subsecs. (a) to (c), (e). struck out “or his delegate” after “Secretary” wherever appearing.

Pub. L. 89–44, § 805(f)(8)1965—, substituted “spirits, articles, and residues” for “spirits” in section catchline.

Pub. L. 89–44, § 805(d)Subsec. (c). , added subsec. (c). Former subsec. (c) redesignated (d).

Pub. L. 89–44, § 805(d)Subsec. (d). , (f)(10), redesignated subsec. (c) as (d), inserted “, articles, and residues” after “distilled spirits” in heading, and inserted “, or by the redistillation of the articles or residues described in subsection (c),” after “denatured distilled spirits” in text. Former subsec. (d) redesignated (e).

Pub. L. 89–11, § 805(d)Subsec. (e). , redesignated former subsec. (d) as (e).

Statutory Notes and Related Subsidiaries

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 .

Effective Date of 1965 Amendment

Pub. L. 89–44section 805(g)(2) of Pub. L. 89–44section 5004 of this titleAmendment by effective , see , set out as a note under .