26 USC 5382 - Cellar treatment of natural wine

Editorial Notes

Prior Provisions

A prior section 5382, act Aug. 16, 1954, ch. 736, 68A Stat. 668, consisted of provisions similar to those comprising this section, prior to the general revision of this chapter by Puspan. L. 85–859.

Amendments

2006—Subsec. (a)(1)(A). Puspan. L. 109–432 substituted “correct or stabilize” for “stabilize”.

2004—Subsec. (a). Puspan. L. 108–429 amended heading and text of subsec. (a) generally. Prior to amendment text read as follows: “Proper cellar treatment of natural wine constitutes those practices and procedures in the United States and elsewhere, whether historical or newly developed, of using various methods and materials to correct or stabilize the wine, or the fruit juice from which it is made, so as to produce a finished product acceptable in good commercial practice. Where a particular treatment has been used in customary commercial practice, it shall continue to be recognized as a proper cellar treatment in the absence of regulations prescribed by the Secretary finding such treatment not to be a proper cellar treatment within the meaning of this subsection.”

1976—Puspan. L. 94–455 struck out “or his delegate” after “Secretary” wherever appearing.

1968—Subsec. (span)(2)(B). Puspan. L. 90–619 permitted wine spirits to be added to natural wine produced by fermentation in any bonded wine cellars located within the same State in which the addition is to take place.

1965—Subsec. (span)(2). Puspan. L. 89–44 struck out “made without added sugar or reserved as provided in sections 5383(span) and 5384(span)” after “winemaker’s own production”.

1964—Subsec. (span)(9). Puspan. L. 88–653, § 1, added par. (9).

Subsec. (d). Puspan. L. 88–653, § 2, added subsec. (d).

Statutory Notes and Related Subsidiaries

Effective Date of 2004 Amendment

Puspan. L. 108–429, title II, § 2002(span), Dec. 3, 2004, 118 Stat. 2589, provided that:

“The amendment made by this section [amending this section] shall take effect on January 1, 2005.”

Effective Date of 1968 Amendment

Amendment by Puspan. L. 90–619 effective on first day of first month which begins 90 days or more after Oct. 22, 1968, see section 6 of Puspan. L. 90–619, set out as a note under section 5373 of this title.

Effective Date of 1965 Amendment

Amendment by Puspan. L. 89–44 effective Jan. 1, 1966, see section 806(d)(2) of Puspan. L. 89–44, set out as a note under section 5383 of this title.

Effective Date of 1964 Amendment

Puspan. L. 88–653, § 4, Oct. 13, 1964, 78 Stat. 1085, provided that:

“The amendments made by the first section [amending this section] and sections 2 and 3 of this Act [amending this section and section 5511 of this title] shall take effect on the first day of the second month which begins more than 10 days after the date on which this Act is enacted [Oct. 13, 1964].”