Empty Wine bottle legal clarification
 

Evening All-

If this helps, awhile back I posted that you couldn't pick up empty
bottles from restaurants in NYS because it was illegal.

Well, 6 months later and several long calls to the TTB.gov, as well as
NYS's ACB has finally clarified the issue: There is no provision in
federal law pertaining to empty wine/beer bottles. Liquor bottles (as
defined as distilled spirits containers) yes- and unless the wine has
more than 24% alcohol (as defined by taxation rate) it's not a
distilled spirits container.

I must admit, getting a lawyer or the government to put fact into
writing has been difficult. Definitely an eye-opener experience.

If anyone is interested I can post the full synopsis of the law(s) in
question, both Federal and NYS. Obviously your state law may vary.

Jason

Empty Wine bottle legal clarification
 

I would be interested in the Federal law, I'm in PA. I have had
restaurants say they must destroy the bottles each night, others are
more than happy to have you cart them away. I got well over 100 one
night form one local restaurant. The reason I was given for breaking
them was to keep vagrants from 'fishing' out the empties. It sounds
like a bit of overkill to me, but I have seen dumber things...

Joe

Empty Wine bottle legal clarification
 

Sounds like a plan:

My notes he

Federal law makes a very clear distinction about the definition of a
"Liquor Bottle".
In 27CFR Ch 1 194.11 a "Liquor Bottle" is defined as "A bottle made
of glass or earthenware, or of other suitable material approved by the
Food and Drug Administration, which has been designed or is intended
for use as a container for distilled spirits for sale for beverage
purposes and which has been determined by the Director to adequately
protect the revenue."

Wine is defined "... and containing not more than 24 percent of
alcohol by volume...".

Given that the tax rate of wine containing more than 24% ABV is
considered a distilled spirit, a wine bottle is not the same as a
liquor bottle by the previously mentioned definitions.

In 27CFR Ch1 194.263- Possession of used liquor bottles- liquor
bottles are specifically spelled out as (b) being prohibited for sale
for repackaging. In (a) the owner/occupant may collect empty bottles
for destruction, but again these reference liquor bottles.

In 27CFR Ch1 19.638- Disposition of stocks of liquor bottles- again,
liquor bottles must be destroyed by the owner or can be transferred,
with proper paperwork, to a third party- again a distinction is made
with :liquor bottle" being referenced directly, thus this should not
apply to wine bottles.

In 27CFR Ch1 19.639- Use and resale of liquor bottles- "No proprietor
shall use any liquor bottle except for packaging distilled spirits, or
dispose of any empty liquor bottle except to another person authorized
to receive liquor bottles or as provided in 19.638." This clearly
sets the ground rules for disposition of liquor bottles / distilled
spirits but mentions nothing about other types of containers.

To provide further support for the wine bottle / liquor bottle
distinction,
27CFR Ch1 194.262 (a) - Possession of refilled liquor bottles- (a)
"Possess any liquor bottle in which any distilled spirits have been
placed in violation of the provisions of 194.261, or" - Liquor bottles
are clearly specified as Distilled spirits containers.



Their response he
------------------------------
Federal Law section 5301
Jason,

I contacted our Regulation and Rulings Division and they advised me of
the following:

In the definition of "liquor bottle" in 194.11 (31.11), you'll see that
is specific to spirits. Also if you trace the regulation in 194.263
(31.263) back to the law section in the informational cite, 26 U.S.C.
5301, it's clearer that it relates only to spirits. The following is
the law site:


TITLE 26--INTERNAL REVENUE CODE

Subtitle E--Alcohol, Tobacco, and Certain Other Excise Taxes

CHAPTER 51--DISTILLED SPIRITS, WINES, AND BEER

Subchapter E--General Provisions Relating to Distilled Spirits

PART II--REGULATION OF TRAFFIC IN CONTAINERS OF DISTILLED SPIRITS

Sec. 5301. General


(a) Requirements

Whenever in his judgment such action is necessary to protect the
revenue, the Secretary is authorized, by the regulations prescribed by
him and permits issued thereunder if required by him--
(1) to regulate the kind, size, branding, marking, sale, resale,

possession, use, and reuse of containers (of a capacity of not more
than 5 wine gallons) designed or intended for use for the sale of
distilled spirits (within the meaning of such term as it is used in
section 5002(a)(8) for other than industrial use; and
(2) to require, of persons manufacturing, dealing in, or using
any such containers, the submission to such inspection, the keeping
of such records, and the filing of such reports as may be deemed by
him reasonably necessary in connection therewith.

Any requirements imposed under this section shall be in addition to any
other requirements imposed by, or pursuant to, law and shall apply as
well to persons not liable for tax under the internal revenue laws as
to

persons so liable.

(b) Disposition

Every person disposing of containers of the character used for the
packaging of distilled spirits shall, when required by the Secretary
for

protection of the revenue, render a correct return, in such form and
manner as the Secretary may by regulations prescribe, showing the name
and address of the person to whom each disposition was made, with such
details as to the quantities so disposed of or other information which
the Secretary may require as to each such disposition. Every person
required to render a return under this section shall keep such records
as will enable such person to render a correct return. Such records
shall be preserved for such period as the Secretary shall by
regulations

prescribe, and shall be kept available for inspection by any internal
revenue officer during business hours.

(c) Refilling of liquor bottles

No person who sells, or offers for sale, distilled spirits, or agent

or employee of such person, shall--
(1) place in any liquor bottle any distilled spirits whatsoever
other than those contained in such bottle at the time of tax
determination under the provisions of this chapter; or
(2) possess any liquor bottle in which any distilled spirits
have been placed in violation of the provisions of paragraph (1); or
(3) by the addition of any substance whatsoever to any liquor
bottle, in any manner alter or increase any portion of the original
contents contained in such bottle at the time of tax determination
under the provisions of this chapter; or
(4) possess any liquor bottle, any portion of the contents of
which has been altered or increased in violation of the provisions
of paragraph (3);

except that the Secretary may by regulations authorize the reuse of
liquor bottles, under such conditions as he may by regulations
prescribe. When used in this subsection the term ``liquor bottle''
shall

mean a liquor bottle or other container which has been used for the
bottling or packaging of distilled spirits under regulations issued
pursuant to subsection (a).

(d) Closures

The immediate container of distilled spirits withdrawn from bonded
premises, or from customs custody, on determination of tax shall bear a
closure or other device which is designed so as to require breaking in
order to gain access to the contents of such container. The preceding
sentence shall not apply to containers of bulk distilled spirits.

(e) Penalty

For penalty for violation of this section, see section 5606.

-------------------------
Finally, NYS response he
Confirming our earlier communications, the Alcoholic Beverage Control
Law contains no prohibitions concerning how a licensee disposes of
empty bottles.

(bottles in this case refers to wine/beer bottles, as a previous
unquoted note says)

Empty Wine bottle legal clarification
 

Wow. I would hate to have them tell us how to screw in a light bulb;
many trees would have to die...
:)
Thanks,
Joe