§ 5204 Gauging

OLRC 119-134 · eCFR 2026-10-19 · 3 amending Acts · cited by 1 sections

Enacted 1958 · Pub. L. 85-859 Amended · 3 Acts

Prior provisions 2
  • Provisions similar to those comprising this section were contained in prior sections of act Aug. 16, 1954, prior to the general revision of this chapter by Pub. L. 85–859, as follows: Present subsecs.:Prior sections (a)5193(a), 5194(g), 5245, 5282(b). (b)5212. (c)5193(d), 5250(b), 5282(b), 5306.
  • The prior sections, act Aug. 16, 1954, ch. 736, are set out in 68A Stat. 633, 634, 636, 639, 647, 649, 652, 657.
Connections Cited by 1 · Cites 0
§ 5204 Gauging

    (a) 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.

    Amended 1976, 1979
    • 1979 Pub. L. 96-39 Pub. L. 96–39 struck out “, in addition to those specified in section 5202(f),” after “spirits for such purposes”.
    • 1976 Pub. L. 94-455 Pub. L. 94–455 struck out “or his delegate” after “Secretary” wherever appearing.

    (b) 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.

    Amended 1976
    • 1976 Pub. L. 94-455 Pub. L. 94–455 struck out “or his delegate” after “Secretary” wherever appearing.

    (c) 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.

    Amended 1976, 1984
    • 1984 Pub. L. 98-369 Pub. L. 98–369 struck out “stamping,” before “marking” in heading and text.
    • 1976 Pub. L. 94-455 Pub. L. 94–455 struck out “or his delegate” after “Secretary” wherever appearing.
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