CH. 51
DISTILLED SPIRITS, WINES, AND BEER
631
as would enable the distiller to defraud the United States; and in case of such refusal the distiller may appeal to the Secretary or his delegate, whose decision in the matter shall be jBnal. (d)
PENALTY.—
For penalty for improper approval of distiller's bond, see section 5605, and for general provisions relating to approval, disapproval and appeal on bonds, see section 5551. SEC. 5178. PLAN OF DISTILLERY. Every distiller and every person intending to engage in the business of a distUler shall, previous to the approval of his bond, submit an accurate plan and description of the distillery and its equipment, and disclosing such information, in such detail, and in the number of copies as the Secretary or his delegate shall by regulations prescribe. One copy of such plan and description shall be kept in the distillery available for examination by government officers. The accuracy of every such plan and description shall be verified by the Secretary or his delegate, the draftsman, and the distiller; and no alteration shall be made in such distillery without the consent, in advance, of the Secretary or his delegate. Any alteration so made shall be shown on the original, or by a supplemental plan and description, as the Secretary or his delegate may direct; and any such supplemental plan and description shall be executed and preserved in the same manner as the original. SEC. 5179. SURVEY OF DISTILLERY. (a) REQUIREMENTS.—On receipt of notice that any person, firm, or corporation wishes to commence the business of distUling, the Secretary or his delegate shall proceed in person, at the expense of the United States, for the purpose of making surveys of distilleries in that district, to make a survey of such distillery for the purpose of estimating and determining its true spirit-producing capacity for a day of 24 hours. In all surveys 45 gallons of mash or beer brewed or fermented from grain shall represent not less than one bushel of grain, and 7 gallons of mash or beer brewed or fermented from molasses shall represent not less than one gallon of molasses; except that in distilleries operated on the sour-mash principle, 60 gallons of beer brewed or fermented from grain shall represent not less than one bushel of grain; and except that in distilleries where the filtration-aeration process is used with the approval of the Secretary or his delegate (that is, where the mash after it leaves the mash tub is passed through a filtering machine before it is run into the fermenting tub, and only the filtered liquor passes into the fermenting tub) there shall be no limitation on the number of gallons of water which may be used in the process of mashing or filtration for fermentation; but the Secretary or his delegate in order to protect the revenue, shall be authorized to prescribe by regulation such character of survey as he may find suitable for distilleries using such filtration-aeration process. The provisions hereof relating to filtration-aeration process shall apply only to sweetmash distilleries. A written report of such survey shall be made of which one copy shall be delivered to the distiller and one copy shall be retained by the officer designated by the Secretary or his delegate and the survey shall take effect upon the delivery of such copy to the distiller. Whenever the Secretary or his delegate is satisfied that any report of the capacity of a distillery is incorrect or needs a revision, he shall direct an officer to make in like manner another survey of § 5179(a)
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