General
In the case of seizure elsewhere than on premises qualified under this chapter of any unregistered still, distilling or fermenting equipment or apparatus, or distilling or fermenting material, for any offense involving forfeiture of the same, where it shall be impracticable to remove the same to a place of safe storage from the place where seized, the seizing officer is authorized to destroy the same. In the case of seizure, other than on premises qualified under this chapter or in transit thereto or therefrom, of any distilled spirits on which the tax has not been paid or determined, for any offense involving forfeiture of the same, the seizing officer is authorized to destroy the distilled spirits forthwith. Any destruction under this subsection shall be in the presence of at least one credible witness. The seizing officer shall make such report of said seizure and destruction and take such samples as the Secretary may require.
Claims
Pub. L. 85–859, title II, § 20172 Stat. 1403Pub. L. 94–455, title XIX, § 1906(b)(13)(A)90 Stat. 1834(Added , , ; amended , , .)
Editorial Notes
Prior Provisions
act Aug. 16, 1954, ch. 73668A Stat. 685Pub. L. 85–859section 5605 of this titleA prior section 5609, , , related to penalty in connection to return of materials used in the manufacture of distilled spirits, prior to the general revision of this chapter by . See .
act Aug. 16, 1954, ch. 73668A Stat. 687Pub. L. 85–859Provisions similar to those comprising this section were contained in prior section 5623, , , prior to the general revision of this chapter by .
Amendments
Pub. L. 94–4551976—Subsecs. (a), (b). struck out “or his delegate” after “Secretary” wherever appearing.