TREASURY DEPARTMENT REGULATIONS REGULATIONS 60 (As amended) RELATIVE TO THE MANUFACTURE, SÁLE, BARTER, ARTICLE I. DEFINITIONS. SECTION 1. When used in these regulations: (a) The word "act" shall mean the act of October 28, 1919. (b) The word "liquor" or the phrase "intoxicating liquor" shall be construed to include alcohol, brandy, whisky, rum, gin, beer, ale, porter, and wine, and in addition thereto any spirituous, vinous, malt, or fermented liquor, liquids, and compounds, whether medicated, proprietary, patented, or not, and by whatever name called, containing one-half of 1 per cent or more of alcohol by volume which are fit for use for beverage purposes. This definition includes all preparations listed in Article XI as being fit for use as beverages or for intoxicating beverage purposes; homeopathic potencies, attenuations and dilutions which are fit for use as beverages; and all other alcoholic compounds containing onehalf of 1 per cent or more of alcohol by volume which do not conform to the standards prescribed in Article XI. Such definition does not include denatured alcohol or denatured rum; vinegar; medicinal and other alcoholic preparations which are unfit for use as beverages or for intoxicating beverage purposes according to the standards prescribed in Article XI; preserved sweet cider; dealcoholized wine; nor any beverages or liquids produced by the process by which beer, ale, porter, or wine is produced which contain less than one-half of 1 per cent of alcohol by volume, provided such beverages or liquids are made and marketed as prescribed in Article VI of these regulations and are otherwise denominated than as beer, ale, or porter. (c) The word "person" shall mean and include natural persons, associations, co-partnerships and corporations. (d) The word "Commissioner" shall mean the Federal Prohibition Commissioner. (e) The word "Director" or the phrase "Federal Prohibition Director" shall mean the person having charge of the administration of Federal Prohibition in any State. (f) The word "physician" shall mean any person duly licensed to practice medicine and actively engaged in the practice of such profession in the State, Territory or in the District of Columbia in which licensed. This definition does not include osteopaths or chiropractors. (g) The word "pharmacist" shall mean any person who is licensed under the laws of any State, Territory, or the District of Columbia to compound and dispense medicines prescribed by a duly licensed physician and who is actively engaged in the practice of such profession in such State, Territory, or in the District of Columbia. (h) The term "alcohol" means that substance known as ethyl alcohol, hydrated oxide or ethyl, or spirit of wine, from whatever source or process produced, having a proof of 160 degrees or more, and does not include the substances commonly known as whisky, brandy, rum, or gin. (i) Words importing the plural number may include the singular; words importing the masculine gender may be applied to females, associations, co-partnerships, and corporations. (j) The initials "U. S. P." and "N. F." shall mean United States Pharmacopoeia and National Formulary, respectively. ARTICLE II. LAWFUL AND UNLAWFUL MANUFACTURE OF AND TRAFFIC IN INTOXICATING LIQUOR IN GENERAL. SEC. 2. On and after January 17, 1920, the kinds of intoxicating liquors enumerated below may be manufactured, sold, bartered, transported, imported, exported, delivered, furnished, purchased, possessed, and used for non-beverage purposes as indicated below, but only under the conditions and requirements hereinafter provided: (a) Distilled spirits (alcohol, whisky, rum, brandy, etc.) and wines manufactured as provided by Article IV hereof: (1) In the manufacture of medicinal preparations in accordance with formulae prescribed by the U. S. P., N. F., or the American Institute of Homeopathy, which are unfit for use for beverage purposes; in the manufacture of patented, patent, proprietary, and other medicines that are unfit for use for beverage purposes; and in the manufacture of certain other medicinal preparations which are fit for use for beverage purposes. (See Article XI.) 2. By retail druggists or pharmacists in the compounding of medicinal preparations unfit for use for beverage purposes on physicians' prescriptions, and for dispensing as such for medicinal purposes upon physicians' prescriptions. (See Articles XII and XIII.) 3. By physicians in the practice of their profession. (See Article XII.) 4. By persons conducting hospitals and sanatoriums for medicinal, scientific, and manufacturing purposes. (See Article XII.) 5. (Potable distilled spirits only.) In manufacturing and industrial establishments for first-aid treatment. (See Article XII.) 6. (Rum only.) In the manufacture of denatured rum as provided by Regulations No. 61. (b) Alcohol manufactured as provided by Article IV, in addition to the purposes recited in paragraph (a): (1) In the manufacture of denatured alcohol as provided by Regulations No. 61. (2) In the manufacture of toilet and antiseptic preparations and solutions that are unfit for use for beverage purposes. (See Article XI.) (3) In the manufacture of flavoring extracts and sirups that are unfit for use as beverages or for intoxicating-beverage purposes. (See Article XI.) (4) For medication by druggists or pharmacists. (See Article XI.) (5) For laboratory purposes and in general manufacturing and technical processes. (See Article XII.) (6) By dentists and veterinarians in the course of their practice. (See Article XII.) (7) (Tax-free alcohol.) By the United States or any governmental agency thereof, or by the several States and Territories or any municipal subdivision thereof or by the District of Columbia, or for the use of any scientific university, or college of learning, any laboratory for use exclusively in scientific research, or for use in any hospital or sanatorum. (See Regulations No. 61.) (c) Wines manufactured as provided by Article IV, in addition to the purposes enumerated in paragraph (a): (1) For conversion into beverages containing less than one-half of 1 per centum of alcohol by volume, as provided by Article VI. (2) For sacramental purposes or like religious rites, as provided in Article VII. (d) Intoxicating liquor, such as beer, ale, porter, or wine, produced as provided in Article VI: (1) In the manufacture of beverages containing less than one-half of 1 per centum of alcohol by volume under the procedure outlined in Article VI: Provided, however, that intoxicating liquors produced for this purpose may not be exported. (e) Alcoholic medicinal preparations, fit for use as beverages, manufactured as provided in Article XI. (1) In the manufacture of other alcoholic medicinal preparations which are unfit for beverage purposes according to the standards prescribed in Article XI. (2) By retail druggists or pharmacists in the compounding of medicinal preparations unfit for use as beverages on physicians' certificates and for dispensing as such for medicinal purposes upon physicians' prescriptions. (See Arts. XII and XIII.) (3) By persons conducting hospitals and sanatoriums, for medicinal purposes. (See Art. XII.) (4) By physicians for administering to patients in the practice of their profession. (See Art. XII.) (f) Cider and other intoxicating liquors specified in Article V. (1) In the production of vinegar as provided in Article V. SEC. 3. Intoxicating liquor may be possessed in the private dwelling of the owner for beverage consumption, and, upon a change in the location of such dwelling, may be transported to the new location. thereof under the conditions prescribed in Articles XV and XVI. SEC. 4. On and after January 17, 1920, intoxicating liquor may not be manufactured, sold, bartered, transported, imported, exported, delivered, furnished, purchased, possessed, or used for any other purposes or by any other persons than specifically authorized herein, except for such non-beverage purposes for which the commissioner may in his discretion issue permits. SEC. 5. Warehouse certificates covering distilled spirits in government bonded warehouses may be sold and purchased without the necessity of obtaining permits under these regulations and without involving the seller in special tax liability as liquor dealer under the internal-revenue laws. Ownership of such certificates confers the right of possession in government bonded warehouses of the distilled spirits covered thereby, but does not convey the right to remove such distilled spirits from bond except for non-beverage purposes under the procedure prescribed herein. ARTICLE III. PROCEDURE FOR FILING APPLICATIONS AND OBTAINING PERMITS FOR AUTHORIZED ACTS. SEC. 6. All persons desiring to manufacture, sell, barter, transport, import, export, deliver, furnish, prescribe, purchase, possess or use intoxicating liquor for the non-beverage purposes herein authorized must procure permits therefor in the manner hereinafter prescribed, except that no permit is required to be obtained under these regulations by a person operating an industrial alcohol plant or a person using liquor in the manufacture of denatured alcohol or rum who has obtained permit under Regulations No. 61; by persons procuring liquor for medicinal purposes upon prescriptions of physicians holding permits to prescribe; by rabbis, ministers of the gospel, priests, or officials duly authorized for the purpose by a church or congregation, to procure its use or furnish wines for sacramental purposes or like religious rites; by persons to whom wines are furnished by such rabbis, ministers of the gospel, priests, or officials for sacramental purposes or like religious rites; or by persons owning warehouse certificates to cover possession of the distilled spirits covered thereby. SEC. 7. Except as to the restrictions and limitations imposed by these regulations or other regulations issued by the Commissioner of Internal Revenue or the Federal Prohibition Commissioner not inconsistent herewith: All permits to manufacture intoxicating liquor confer the right to sell, barter, deliver, furnish, and possess the liquor manufactured under authority of such permits. Permits to sell, use, import, or export liquor also confer the right to procure liquor upon furnishing permits to purchase and to possess such liquor for the purposes authorized in the permits. Permits to sell intoxicating liquor also confer the right to barter, furnish, or deliver liquor, with or without sale, to persons presenting permits to purchase. |