(a) Location, construction, and arrangement
(A) The premises of a distilled spirits plant shall be as
described in the application required by section 5171(c). The
Secretary shall prescribe such regulations relating to the
location, construction, arrangement, and protection of distilled
spirits plants as he deems necessary to facilitate inspection and
afford adequate security to the revenue.
(B) No distilled spirits plant for the production of distilled
spirits shall be located in any dwelling house, in any shed,
yard, or inclosure connected with any dwelling house, or on board
any vessel or boat, or on premises where beer or wine is made or
produced, or liquors of any description are retailed, or on
premises where any other business is carried on (except when
authorized under subsection (b)).
(C) Notwithstanding any other provision of this chapter
relating to distilled spirits plants the Secretary may approve
the location, construction, arrangement, and method of operation
of any establishment which was qualified to operate on the date
preceding the effective date of this section if he deems that
such location, construction, arrangement, and method of operation
will afford adequate security to the revenue.
(2) Production operations
(A) Any person establishing a distilled spirits plant may, as
described in his application for registration, produce distilled
spirits from any source or substance.
(B) The distilling system shall be continuous and shall be so
designed and constructed and so connected as to prevent the
unauthorized removal of distilled spirits before their production
(C) The Secretary is authorized to order and require -
(i) such identification of, changes of, and additions to,
distilling apparatus, connecting pipes, pumps, tanks, and any
machinery connected with or used in or on the premises, and
(ii) such fastenings, locks, and seals to be part of any of
the stills, tubs, pipes, tanks, and other equipment, as he may
deem necessary to facilitate inspection and afford adequate
security to the revenue.
(3) Warehousing operations
(A) Any person establishing a distilled spirits plant for the
production of distilled spirits may, as described in the
application for registration, warehouse bulk distilled spirits on
the bonded premises of such plant.
(B) Distilled spirits plants for the bonded warehousing of bulk
distilled spirits elsewhere than as described in subparagraph (A)
may be established at the discretion of the Secretary by
proprietors referred to in subparagraph (A) or by other persons
under such regulations as the Secretary shall prescribe.
(4) Processing operations
Any person establishing a distilled spirits plant may, as
described in the application for registration, process distilled
spirits on the bonded premises of such plant.
(b) Use of premises for other businesses
The Secretary may authorize the carrying on of such other
businesses (not specifically prohibited by section 5601(a)(6)) on
premises of distilled spirits plants, as he finds will not
jeopardize the revenue. Such other businesses shall not be carried
on until an application to carry on such business has been made to
and approved by the Secretary.
(c) Cross references
(1) For provisions authorizing the Secretary to require
installation of meters, tanks, and other apparatus, see section
(2) For penalty for distilling on prohibited premises, see
(3) For provisions relating to the bottling of distilled
spirits labeled as alcohol, see section 5235.
(4) For provisions relating to the unauthorized use of
distilled spirits in any manufacturing process, see section