Page:United States Statutes at Large Volume 48 Part 1.djvu/45

This page needs to be proofread.

73d CONGRESS . SESS. I. CH. 4. MARCH 22, 1933 .

19 (d) This section shall have the same geographical application as ca Geo graphical appli- the National P rohibition Ac t, as amended and supplemen ted . SEC . 5. Except to the extent provided in section 4 (b) (2), nothing conen prohibited. oli c in section 1 or 4 of this Act shall be construed as in any manner author izing or mak ing l awful the ma nufact ure o f any beer, ale, porter, wine, similar fermented malt or vinous liquor, or fruit juice, which at the time of sale or removal for consumption or sale contains more than 3 .2 per centum of alcohol by weight . SEC . 6 . In order that beer, ale, porter, wine, similar fermented int erstate ship ment . malt or vinous liquor, and fruit juice, containing 3 .2 per centum or less of alcohol by weight, m ay be divested of their int erstate character in certain cases, the shipment or transportation thereof in any manner or by any mea ns whatsoever , from one Sta te, Terri- tory, or District of the United States, or place noncontiguous to but subject to the jurisdiction thereof, or from any foreign country, into any State, Territory, or District of the United States, or place noncontiguous to but subject to the jurisdiction there of, which fermented malt or vinous liquor or fruit juice, is intended, by any person interested therein, to be received, possessed, sold, or in any manner used, either in the original package or otherwise, in viola- tion of any law of such State, Territory, or District of the United States, or place noncontiguous to but subject to the jurisdiction thereof, is hereby prohibited . Nothing in this section shall be con- Transportation into State con trary to its strued as making lawful the shipment or transportation of any laws . liquor or frui t juice the s hipment or tr ansportation of which is U.S.C. psupp . vI, prohibited by the Act of March 1, 1913, entitled "An Act divesting P-598- intoxicating liquors of their interstate character in certain cas es" (U. S. C., Supp. VI, title 27, sec. 122) . SEC . 7. Who ever orders, purchases, or causes beer, ale, porter, Penalty for violation . wine, similar fermented malt or vinous liquor, or fruit juice, con- taining 3 .2 per centum or less of alcohol by weight, to be trans- ported in interstate commerce, except for scientific, s acra ment al, medicinal, or mechanical purposes, into any State, Territory, or the District of Columbia, the laws of which State, Territory, or District prohibit the manufacture or sale therein of such fermented malt or vinous liquor or fruit juice for beverage purposes, shall be fi ned not more than $1,000 or imprisoned not more than six months, or both ; and for any subsequent offense shall be imprisoned for not more than one year . If any person is convicted under this section Re vocationofpe rmit any permit issued to him shall be revoked . Nothing in this section Adver tisem ents, etc, shall be construed as making lawful the shipment or transportation of any liquor or fruit juice the shipment or transportation of which is prohibited by section 5 of the Act entitled "An Act making appro- vos . c 9 s P . 106. VI, priations for the service of the Post Office Department for the fiscal p .598 year ending June 30, 1918, and for other purposes," approved March 3, 1917, as amended and supplemented (U . S . C ., Supp . VI, title 27, sec. 123). SE C. 8. Any o ffense commi tted, or an y righ t accr ued, or any rights sting offenses . penalty or obligation incurred, or any seizure or forfeiture made, prior to the effective date of this Act, under the provisions of the National Prohibition Act, as amended and supplemented, or under any permit o r regulation issued thereu nder, may be p rosecuted or enforced in the same manner and with the same effect as if this Act had not been enacted . SEC . 9 . This Act shall take effect on the expiration of fifte en Effective date . days after the date of its enactment, except that permits referred to under section 4 may be issued at any time after the date of enact- ment, and except that liquor taxable under section 1 may be removed prior to the effective date of this Act for bottling and storage on