Page:United States Statutes at Large Volume 102 Part 5.djvu/514

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PUBLIC LAW 100-000—MMMM. DD, 1988

102 STAT. 4520

Regulations.

PUBLIC LAW 100-690—NOV. 18, 1988

"(b) The statement required by subsection (a) of this section shall be located in a conspicuous and prominent place on the container of such beverage, as determined by the Secretary, shall be in type of a size determined by the Secretary, and shall appear on a contrasting background. The Secretary shall make such determinations within 90 days after the date of enactment of this title. "(c) Subsection (a) of this section shall not apply with respect to alcoholic beverages that are manufactured, imported, bottled, or labeled for export from the United States, or for delivery to a vessel or aircraft, as supplies, for consumption beyond the jurisdiction of the internal revenue laws of the United States: Provided, That this exemption shall not apply with respect to alcoholic beverages that are manufactured, imported, bottled, or labeled for sale, distribution, or shipment to members or units of the Armed Forces of the United States, including those located outside the United States. "(d) The Secretary shall— "(1) have the power to— "(A) ensure the enforcement of the provisions of this title, and "(B) issue regulations to carry out this title, and "(2) consult and coordinate the health awareness efforts of the labeling requirements of this title with the Surgeon General of the United States. "PREEMPTION

27 USC 216.

"SEC. 205. No statement relating to alcoholic beverages and health, other than the statement required by section 204 of this title, shall be required under State law to be placed on any container of an alcoholic beverage, or on any box, carton, or other package, irrespective of the material from which made, that contains such a container. "REPORT TO CONGRESS

27 USC 217.

"SEC. 206. If, after appropriate investigation and consultation with the Surgeon General carried out after the expiration of the 24month period following the date of enactment of this title, the Secretary finds that available scientific information would justify a change in, addition to, or deletion of the statement, or any part thereof, set forth in section 204(a) of this title, the Secretary snail promptly report such information to the Congress together with specific recommendations for such amendments to this title as the Secretary determines to be appropriate and in the public interest. "CIVIL PENALTIES

27 USC 218.

"SEC. 207. Any person who violates the provisions of this title shall be subject to a civil penalty of not more than $10,000, and each day shall constitute a separate offense. "INJUNCTION PROCEEDINGS; COMPROMISE OF LIABILITY

27 USC 219.

"SEC. 208, (a) The several district courts of the United States are vested with jurisdiction, for cause shown, to prevent and restrain violations of this title upon the application of the Attorney General of the United States acting through the several United States attorneys in their several districts.