U.S. Code, Title 18, Crimes and Criminal Procedure

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Author: "U.S. Congress, Office of the Law Revision Counsel"

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§ 1263. Marks and Labels on Packages

     Whoever knowingly ships into any place within the United States any package containing any spirituous, vinous, malted, or other fermented liquor, or any compound containing any spirituous, vinous, malted, or other fermented liquor fit for use for beverage purposes, unless such shipment is accompanied by copy of a bill of lading, or other document showing the name of the consignee, the nature of its contents, and the quantity contained therein, shall be fined under this title or imprisoned not more than one year, or both.

(June 25, 1948, ch. 645, 62 Stat. 761; Pub. L. 90–518, § 1, Sept. 26, 1968, 82 Stat. 872; Pub. L. 103–322, title XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.)

Historical and Revision Notes

     Based on title 18, U.S.C., 1940 ed., § 390 (Mar. 4, 1909, ch. 321, § 240, 35 Stat. 1137; June 25, 1936, ch. 815, § 8, 49 Stat. 1930.)

     Reference to persons causing or procuring was omitted as unnecessary in view of definition of "principal" in section 2 of this title.

     References to Territory, District, etc., were revised and same changes made as in section 1264 of this title.

     The provision that "such liquor shall be forfeited to the United States" was omitted as covered by section 3615 of this title, which was derived from section 224 of title 27, U.S.C., 1940 ed., Intoxicating Liquors.

     The provision that such liquor "may be seized and condemned by like proceedings as those provided by law for the seizure and forfeiture of property imported into the United States contrary to law" was likewise omitted as covered by section 3615 of this title, which provides for seizure and forfeiture under the internal revenue laws rather than under provisions of law "for the seizure and forfeiture of property imported into the United States contrary to law" or, in other words, rather than under the customs laws. Section 224 of title 27, U.S.C., 1940 ed., Intoxicating Liquors, on which said section 3615 of this title is based, was derived from the Liquor Enforcement Act of 1936 (Act June 25, 1936, ch. 815, 49 Stat. 1928). Said section 224 included, in its coverage, section 390 of title 18, U.S.C., 1940 ed., on which this revised section is based, even though the Liquor Enforcement Act of 1936, in another section thereof, in amending said section 390, retained the provision that seizures and forfeitures thereunder should be under the customs laws. By eliminating this conflicting provision, a uniform procedure for seizures and forfeitures, under the internal revenue laws, is established under said section 3615 of this title.

Amendments

     1994—Pub. L. 103–322 substituted "fined under this title" for "fined not more than $1,000".

     1968—Pub. L. 90–518 struck out "of or package" after "any package" and substituted "shipment is accompanied by copy of a bill of lading, or other document showing" for "package is so labeled on the outside cover as to plainly show".

Effective Date of 1968 Amendment

     Section 3 of Pub. L. 90–518 provided that: "This Act [amending this section] shall become effective ninety days after the date of its enactment [Sept. 26, 1968]."

Congressional Disclaimer of Intent To Preempt State Regulation of Shipments of Intoxicating Liquor

     Section 2 of Pub. L. 90–518 provided that: "Nothing contained in this Act [amending this section] shall be construed as indicating an intent on the part of Congress to deprive any State of the power to enact additional prohibitions with respect to the shipment of intoxicating liquors."

Section Referred to in Other Sections

     This section is referred to in section 3667 of this title.

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Chicago: "U.S. Congress, Office of the Law Revision Counsel", "§ 1263. Marks and Labels on Packages," U.S. Code, Title 18, Crimes and Criminal Procedure in U.S. Code, Title 18, Crimes and Criminal Procedure (Washington, D.C.: Government Printing Office, 2002), Original Sources, accessed February 3, 2023, http://www.originalsources.com/Document.aspx?DocID=94AX6KIIXWTJ8XQ.

MLA: "U.S. Congress, Office of the Law Revision Counsel". "§ 1263. Marks and Labels on Packages." U.S. Code, Title 18, Crimes and Criminal Procedure, in U.S. Code, Title 18, Crimes and Criminal Procedure, Washington, D.C., Government Printing Office, 2002, Original Sources. 3 Feb. 2023. http://www.originalsources.com/Document.aspx?DocID=94AX6KIIXWTJ8XQ.

Harvard: "U.S. Congress, Office of the Law Revision Counsel", '§ 1263. Marks and Labels on Packages' in U.S. Code, Title 18, Crimes and Criminal Procedure. cited in 2002, U.S. Code, Title 18, Crimes and Criminal Procedure, Government Printing Office, Washington, D.C.. Original Sources, retrieved 3 February 2023, from http://www.originalsources.com/Document.aspx?DocID=94AX6KIIXWTJ8XQ.