Public Law 91–673

section 5056 of the Internal Revenue Code of 1954 (relating to refund and credit of tax, or relief from liability) is amended to read as follows:

“SEC. 5056. REFUND AND CREDIT OF TAX, OR RELIEF FROM LIABILITY.

“(a)“(a)

Beer Returned or Voluntarily Destroyed.—

Any tax paid by any brewer on beer produced in the United States may be refunded or credited to the brewer, without interest, or if the tax has not been paid, the brewer may be relieved of liability therefor, under such regulations as the Secretary or his delegate may prescribe, if such beer is returned to any brewery of the brewer or is destroyed under the supervision required by such regulations. In determining the amount of tax due on beer removed on any day, the quantity of beer returned to the same brewery from which removed shall be allowed, under such regulations as the Secretary or his delegate may prescribe, as an offset against or deduction from the total quantity of beer removed from that brewery on the day of such return.

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“(b)“(b)

Beer Lost by Fire, Theft, Casualty, or Act of God.—

Subject to regulations prescribed by the Secretary or his delegate, the tax paid by any brewer on beer produced in the United States may be refunded or credited to the brewer, without interest, or if the tax has not been paid, the brewer may be relieved of liability therefor, if such beer is lost, whether by theft, or otherwise, or is destroyed or otherwise rendered unmerchantable by fire, casualty, or act of God before the transfer of title thereto to any other person. In any case in which beer is lost or destroyed, whether by theft or otherwise, the Secretary or his delegate may require the brewer to file a claim for relief from the tax and submit proof as to the cause of such loss. In every case where it appears that the loss was by theft, the first sentence shall not apply unless the brewer establishes to the satisfaction of the Secretary or his delegate that such theft occurred before removal from the brewery and occurred without connivance, collusion, fraud, or negligence on the part, of the brewer, consignor, consignee, bailee, or carrier, or the employees or agents of any of them.

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“(c)“(c)

Limitations.—

No claim under this section shall be allowed (1) unless filed within 6 months after the date of the return, loss, destruction, or rendering unmerchantable or (2) if the claimant was indemnified by insurance or otherwise in respect of the tax.”

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Section 5052(c) (2) of such Code (relating to definition of removed for consumption or sale) is amended to read as follows:

“(2)“(2)

Removals.—

Any removal of beer from the brewery.”

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Section 5401(b) of the Internal Revenue Code of 1954 (relating to bonds) is amended by striking out the last sentence and inserting in lieu thereof the following: “Once in every 4 years, or whenever required so to do by the Secretary or his delegate, the brewer shall execute a new bond or a continuation certificate, in the penal sum prescribed in pursuance of this section, and conditioned as above provided, which bond or continuation certificate shall be in lieu of any former bond or bonds, or former continuation certificate or certificates, of such brewer in respect to all liabilities accruing after its approval. If the contract of surety between the brewer and the surety on an expiring bond or continuation certificate is continued in force between the parties for a succeeding period of not less than 4 years, the brewer may submit, in lieu of a new bond, a certificate executed, under penalties of perjury, by the brewer and the surety attesting to continuation of the bond, which certificate shall constitute a bond subject to all previsions of law applicable to bonds given pursuant to this section.”

Section 5402(a) of such Code (relating to definition of brewery)

72 Stat. 1389.

26 USC 5402.

is amended to read as follows:

“(a)“(a)

Brewery.—

The brewery shall consist of the land and buildings described in the brewer’s notice. The continuity of the brewery must be unbroken except where separated by public passageways, streets, highways, waterways, or carrier rights-of-way, or partitions; and if parts of the brewery are so separated they must abut on the dividing medium and be adjacent to each other. Notwithstanding the preceding sentence, facilities under the control of the brewer for case packing, loading, or storing which are located within reasonable proximity to the brewery packaging facilities may be approved by the Secretary or his delegate as a part of the brewery if the revenue will not be jeopardized thereby.”

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Section 5411 of such Code (relating to use of brewery) is amended to read as follows:

“SEC. 5411. USE OF BREWERY.

“The brewery shall be used under regulations prescribed by the Secretary or his delegate only for the purpose of producing, packaging, and storing beer, cereal beverages containing less than one-half of 1 percent of alcohol by volume, vitamins, ice, malt, malt sirup, and other byproducts and of soft drinks; for the purpose of processing spent grain, carbon dioxide, and yeast; and for such other purposes as the Secretary or his delegate by regulation may find will not jeopardize the revenue.”

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Section 5412 of such Code (relating to removal of beer in containers, etc.) is amended by striking out “barrels, kegs, bottles,” and inserting “packages,”.

“(e)“(e)

Section 5416 of such Code (relating to definitions of bottle and bottling) is amended to read as follows:

“SEC. 5416. DEFINITIONS OF PACKAGE AND PACKAGING.

“For purposes of this subchapter, the term ‘package’ means a bottle, can, keg, barrel, or other original consumer container, and the term ‘packaging’ means the filling of any package.”

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Part II of subchapter G of chapter 51 of the Internal Revenue Code of 1954 (relating to operations) is amended by adding

26 USC 5411.

at the end thereof the following new section:

“SEC. 5417. PILOT BREWING PLANTS.

“Under such regulations as the Secretary or his delegate may prescribe, and on the filing of such bonds and applications as he may require, pilot brewing plants may, at the discretion of the Secretary or his delegate, be established and operated off the brewery premises for research, analytical, experimental, or development purposes with regard to beer or brewery operations. Nothing in this section shall be construed as authority to waive the filing of any bond or the payment of any tax provided for in this chapter.”

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The table of sections for part II of subchapter G of chapter 51 of such Code is amended by striking out the last’ item and inserting in lieu thereof the following: