free of tax otherwise than in the fortification of wine intended for exportation, and for the due exportation of the wine so fortified, as may be prescribed by the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury; and all of the provisions of law governing the exportation of distilled spirits free of tax, so far as applicable, shall apply to the withdrawal and use of wine-spirits and the exportation of the same in accordance with this section; and the Commissioner of Internal Revenue is authorized, subject to approval by the Secretary of the Treasury, to prescribe that wine spirits intended for the fortification of wines under this section shall not be introduced into such wines except under the immediate supervision of an officer of internal revenue, who shall make returns describing the kinds and quantities of wine so fortified, and shall affix such stamps and seals to the packages containing such wines as may be prescribed by the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury. Whenever such wine-spirits are withdrawn as provided herein for the fortification of wines intended for exportation by sea they shall be introduced into such wines only after removal from storage and arrival alongside of the vessel which is to transport the same; and whenever transportation of such wines is to be effected by land carriage the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, shall prescribe such regulations as to sealing packages and vehicles containing the same, and as to the supervision of transportation from the point of departure, which point shall be determined as the place where such wine-spirits may be introduced into such wines to the point of destination as may be necessary to insure the due exportation of such fortified wines. The above section was amended by act of October 22, 1914, section 24 of which provided that the taxes levied under the act were to be no longer levied and collected after December 31, 1915. This limitation was extended to December 31, 1916, by Resolution of December 17, 1915. Act of September 8, 1916, expressly repealed the act of October 22, 1914, with certain exceptions, and the Resolution of December 17, 1915; and the act of September 8, 1916, was expressly repealed by act of February 24, 1919. Provisions of Regulations 29, governing the exportation of distilled spirits, extended to withdrawal of brandy for use in fortifying wines for export, and to the exportation of such fortified wines. (T. D. 1663.) SEC. 47. [Act of October 1, 1890 (26 Stat., 623).] Reimportation. That all provisions of law relating to the re-importation of any goods of domestic growth or manufacture which were originally liable to an internal-revenue tax shall be, as far as applicable, enforced against any domestic wines sought to be re-imported; and duty shall be levied Penalty for using spirits in and collected upon the same when re-imported, as an original importation. This section was not expressly repealed, but is covered by Par. P, Section IV, act of October 3, 1913 (38 Stat., 201), reading as follows: "That upon the reimportation of articles once exported, of the growth, product, or manufacture of the United States, upon which no internal tax has been assessed or paid, or upon which such tax has been paid and refunded by allowance or drawback, there shall be levied, collected, and paid a duty equal to the tax imposed by the internal-revenue laws upon such articles, except articles manufactured in bonded warehouses and exported pursuant to law, which shall be subject to the same rate · of duty as if originally imported, but proof of the identity of such articles shall be made under general regulations to be prescribed by the Secretary of the Treasury.” SEC. 48. [Act of October 1, 1890 (26 Stat., 623).] fortifying wines That any person using wine spirits or other spirits which contrary to law. have not been tax-paid in fortifying wine otherwise than as provided for in this act, shall be guilty of a misdemeanor, and shall, on conviction thereof, be punished for each offense by a fine of not more than two thousand dollars, and for every offense other than the first also by imprisonment for not more than one year. Restrictions on use of food materials. Superseded by section 620, act of February 24, 1919, as far as violations of such act are concerned. SEC. 49. [Act of October 1, 1890 (26 Stat., 623), as amended by sec. 2, act of June 7, 1906 (34 Stat., 215).] Superseded by section 618 (a), act of February 24, 1919. SEC. 15. [Act of August 10, 1917 (40 Stat., 276).] That from and after thirty days from the date of the approval of this act no foods, fruits, food materials, or feeds shall be used in the production of distilled spirits for beverage purposes: Provided, That, under such rules, regulations, and bonds as the President may prescribe, such materials may be used in the production of distilled spirits exclusively for other than beverage purposes, or for the fortification of pure sweet wines as defined by the act entitled "An act to increase the revenue, and for other purposes," approved September eighth, nineteen hundred and sixteen. Nor shall there be imported into the United States any distilled spirits. Whenever the President shall find that limitation, regulation, or prohibition of the use of foods, fruits, food materials, or feeds in the production of malt or vinous liquors for beverage purposes, or that reduction of the alcoholic content of any such malt or vinous liquor is essential in order to assure an adequate and continuous supply of food, or that the national security and defense will be subserved thereby, he is authorized, from time to time, to prescribe and give public notice of the extent of the limitation, regulation, prohibition, or reduction so necessitated. Whenever such notice shall have been given and shall remain unrevoked no person shall, after a reasonable time prescribed in such notice, use any foods, fruits, food materials, or feeds in the production of malt or vinous liquors, or import any such liquors except under license issued by the President and in compliance with rules and regulations determined by him governing the production and importation of such liquors and the alcoholic content thereof. Any person who willfully violates the provisions of this section, or who shall use any foods, fruits, food materials, or feeds in the production of malt or vinous liquors, or who shall import any such liquors, without first obtaining a license so to do when a license is required under this section, or who shall violate any rule or regulation made under this section, shall be punished by a fine not exceeding $5,000 or by imprisonment for not more than two years, or both: Provided further, That nothing in this section shall be construed to authorize the licensing of the manufacture of vinous or malt liquors in any State, Territory, or the District of Columbia, or any civil subdivision thereof, where the manufacture of such vinous or malt liquor is prohibited. A PROCLAMATION. Whereas, under and by virtue of an act of Congress entitled "An act to provide further for the national security and defense by encouraging the production, conserving the supply, and controlling the distribution of food products and fuel," approved by the President on August 10, 1917, it is provided in section 15, among other things, as follows: "Whenever the President shall find that limitation, regulation, or prohibition of the use of foods, fruits, food materials, or feeds in the production of malt or vinous liquors for beverage purposes, or that reduction of the alcoholic content of any such malt or vinous liquor, is essential, in order to assure an adequate and continuous supply of food, or that the national security and defense will be subserved thereby, he is authorized, from time to time, to prescribe and give public notice of the extent of the limitation, regulation, prohibition, or reduction so necessitated. Whenever such notice shall have been given and shall remain unrevoked, no person shall, after a reasonable time prescribed in such notice, use any foods, fruits, food materials, or feeds in the production of malt or vinous liquors, or import any such liquors except under license issued by the President and in compliance with rules and regulations determined by him governing the production and importation of such liquors and the alcoholic content thereof." Now, therefore, I, Woodrow Wilson, President of the United States of America, by virtue of the powers conferred on me by said act of Congress, do hereby find and determine that it is essential, in order to assure an adequate and continuous supply of food, in order to subserve the national security and defense, and because of the increasing requirements of war industries for the fuel productive capacity of the country, the strain upon transportation to serve such industries, and the shortage of labor caused by the necessity of increasing the armed forces of the United States, that the use of sugar, glucose, corn, rice, or any other foods, fruits, food materials and feeds in the production of malt liquors, including near beer, for beverage purposes, be prohibited. And by this proclamation I prescribe and give public notice that on and after October 1, 1918, Penalty. no person shall use any sugar, glucose, corn, rice, or any other foods, fruits, food materials, or feeds, except hops and malt now already made, in the production of malt liquors, including near beer, for beverage purposes, whether or not such malt liquors contain alcohol, and on and after December 1, 1918, no person shall use any sugar, glucose, corn, rice, or any other foods, fruits, food materials, or feeds, including malt, in the production of malt liquors, including near beer, for beverage purposes, whether or not such malt liquors contain alcohol. In witness whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done in the District of Columbia, this 16th day of September in the year of our Lord One Thousand Nine Hundred and Eighteen, and of the Independence of the United States of America the One Hundred and Forty-third. WOODROW WILSON. By the President: ROBERT LANSING, Secretary of State. RULES AND REGULATIONS GOVERNING THE PRODUCTION OF MALT LIQUORS AND THE ALCOHOLIC CONTENTS THEREOF. "Promulgated by the President under the authority of section 15, of the act of Congress, approved August 10, 1917, entitled 'An act to provide further for the national security and defense by encouraging the production, conserving the supply, and controlling the distribution of food products and fuel,' and in accordance with proclamations concerning malt liquor, issued December 8, 1917, and September 16, 1918. Rule 1. During the period from October 1, 1918, to December 1, 1918, only malt and hops shall be used in the production of any malt liquor, provided that any dextrinous or other syrups which have been specially prepared for the manufacture of near-beer and which are in the licensee's possession or shipped to him prior to October 1, 1918, may be used in the manufacture of such near-beer. Rule 2. The limitations on quantity of malt and hops used in the manufacture of beer or near-beer, contained in the proclamation of December 8, 1917, shall not apply during the period from October 1, 1918, to December 1, 1918, but nothing in this rule shall be construed to modify in any way the limitation on alcoholic content of malt liquor prescribed by said proclamation of December 8, 1917. Rule 3. No person shall import any malt liquor for beverage purposes on and after December 1, 1918. Rule 4. The prohibitions contained in the proclamation of September 16, 1918, shall not apply to material actually in process of manufacture prior to the dates named in said proclamation, but the fact that material is on hand in the brewery or factory shall not authorize any exception to be made other than that referred to in Rule 1. The foregoing regulations are approved on this 30th day of September, 1918, superseding all prior regulations inconsistent herewith." WOODROW WILSON. Instructions as to sale and use of wines for other than beverage purposes under the food control act of August 10, 1917. (T. D. 2788.) Modified by T. D. 2854; also by T. D. 2912 as to wines for sacramental purposes. Alternative form of application for sacramental wines set forth in T. D. 2888. Procedure in securing permits and giving bonds for sale and use of distilled spirits and wines for other than bever age purposes, including wines for sacramental purposes. Production of wines containing more than 24 per cent manufacture of SEC. 1. [Act of November 21, 1918 (40 Stat., 1046) Use of food Extract.] After May first, nineteen hundred and nine-products in teen, until the conclusion of the present war and thereafter wine. until the termination of demobilization, the date of which shall be determined and proclaimed by the President of the United States, no grains, cereals, fruit, or other food product shall be used in the manufacture or production of wine, or other intoxicating * vinous liquor for beverage purposes. After June thirtieth, nineteen hundred and nineteen, until the conclusion of the present war and thereafter until the termination of demobilization, the date of which shall be determined and proclaimed by the President of the United States, no wine, or other intoxicating * vinous liquor shall be sold for beverage purposes except for export. The Commissioner of Internal Revenue is hereby authorized and directed to prescribe rules and regulations, subject to the approval of the Secretary of the Treasury, in regard to the manufacture, sale, and distribution of wine for sacramental, medicinal, or other than beverage uses. After the approval of this Act no vinous, or other intoxicating liquors shall be imported into the United States during the continuance of the present war and period of demobilization: Provided, That this provision against importation shall not apply to shipments en route to the United States at the time of the passage of this Act. * * Any person who violates any of the foregoing pro- Penalty. visions shall be punished by imprisonment not exceeding one year, or by fine not exceeding $1,000, or by both such imprisonment and fine: Provided, That the President of the United States be, and hereby is, authorized and empowered, at any time after the passage of this Act, to establish zones of such size as he may deem advisable about coal mines, munition factories, shipbuilding plants, and such other plants for war material as may seem to him to require such action whenever in his opinion the creation of such zones is necessary to, or advisable in, the proper prosecution of the war, and that he is hereby authorized and empowered to prohibit the sale, manufacture, or distribution of intoxicating liquors in such zones, and that any violation of the President's regulations in this regard shall be punished by imprisonment for not more than one year, or by fine of not more than $1,000, or by both such fine and imprisonment: Provided further, That nothing in this Act shall be construed to interfere with the power conferred upon the President by section fifteen of the food-control Act, approved August tenth, nineteen hun |