27 C.F.R. Subpart P—Records and Reports
Title 27 - Alcohol, Tobacco Products and Firearms
When requested by the appropriate TTB officer, any person who receives, packages, stores, disposes of, or uses completely denatured alcohol shall keep records of all transactions in completely denatured alcohol which will enable appropriate TTB officers to verify and trace receipt, packaging, storage, usage, and disposal of the spirits, and to determine whether there has been compliance with law and regulations. However, on sales in quantities of less than 5 gallons, only the total quantity disposed of daily need be recorded.
Title 27: Alcohol, Tobacco and Firearms
PART 20—DISTRIBUTION AND USE OF DENATURED ALCOHOL AND RUM
Subpart P—Records and Reports
§ 20.261 Records of completely denatured alcohol.
§ 20.262 Dealer's records of specially denatured spirits.
(a) Each dealer shall maintain separate records of each formula of new specially denatured spirits—
(1) Received, as required by §20.163,
(2) Packaged, as required by §20.180,
(3) Destroyed, as required by §20.222,
(4) Lost, as required by §§20.202–20.204, and
(5) Transferred to another permittee or a distilled spirits plant, as required by §§20.171, 20.216, and 20.231.
(b) Each dealer shall maintain separate records of each formula of recovered specially denatured spirits for each of the transactions listed in paragraphs (a)(1) through (a)(5) of this section.
(c) Once in each calendar year, and when requested by an appropriate TTB officer, each dealer shall perform and record a balanced accounting of each formula of new and recovered specially denatured spirits using the records required by §20.170 and this section.
(d) When requested, the dealer shall submit the accounting required by paragraph (c) of this section to the appropriate TTB officer.
(Approved by the Office of Management and Budget under control number 1512–0337)§ 20.263 User's records of specially denatured spirits.
(a) Each user shall maintain separate records of each formula of new specially denatured spirits—
(1) Received, as required by §20.163,
(2) Recovered, as required by §20.212,
(3) Used, as required by §20.192,
(4) Destroyed, as required by §20.222,
(5) Lost, as required by §§20.202–20.203, and
(6) Transferred to another permittee or a distilled spirits plant, as required by §§20.216, 20.231, and 20.235.
(b) Each user shall maintain separate records of each formula of recovered specially denatured spirits for each of the transactions listed in paragraphs (a)(1) through (a)(6) of this section.
(c) Once in each calendar year, and when requested by an appropriate TTB officer, each user shall perform and record a balanced accounting of each formula of new and recovered specially denatured spirits using the records required by §20.170 and this section.
(d) When requested, the user shall submit the accounting required by paragraph (c) of this section to the appropriate TTB officer.
(Approved by the Office of Management and Budget under control number 1512–0337)§ 20.264 User's records and report of products and processes.
(a) Records. (1) Each user shall maintain separate accountings of—
(i) The number of gallons of each formula of new specially denatured spirits used for each product or process, recorded by the code number prescribed by §21.141 of this chapter.
(ii) The number of gallons of each formula of recovered specially denatured spirits used for each product or process, recorded by the code number prescribed by §21.141 of this chapter.
(2) Each user who recovers specially denatured spirits shall maintain separate accountings of the number of gallons of each formula of specially denatured spirits recovered from each product or process, recorded by the code number prescribed by §21.141 of this chapter.
(3) Product or process code numbers are shown on approved formula and statement of process forms. For an article made in accordance with a general-use formula, the user will refer to §21.141 of this chapter and record the applicable product or process code number.
(b) Report. Each user shall submit an annual report, Form 5150.18, for the period from July 1 through June 30, summarized from the records required by this section. The report shall be filed no later than July 15 following the end of the accounting period.
(Approved by the Office of Management and Budget under control number 1512–0337)§ 20.265 Retention of invoices.
(a) Any person required to keep records under this part shall retain copies of invoices which will enable appropriate TTB officers to readily obtain the details regarding:
(1) Purchases of all essential oils, chemicals, and other materials used in manufacturing articles, including the name and address of the vendor, and the quantity;
(2) Purchases of articles containing specially denatured spirits for reprocessing, or purchases of those articles for bottling, repackaging, and/or resale, including the name and address of the vendor and the quantity; and
(3) Dispositions of all articles manufactured or received, including in each case the name and address of the person to whom sold or otherwise disposed of.
(b) The appropriate TTB officer may, on application filed by the permittee, waive the requirements for retaining invoices if the quantity sold to any person during a calendar month does not exceed 25 gallons, and if a waiver will not hinder the effective administration of this part and will not pose a jeopardy to the revenue.
(Approved by the Office of Management and Budget under control number 1512–0336)§ 20.266 Time for making entries in records.
Any person who conducts an operation which is required to be recorded under this part, shall enter that operation in the records on the same day on which the operation occurred. However, the daily posting of records may be deferred to conform to the permittee's normal accounting cycle if (a) supporting or supplemental records are prepared at the time of the operation, and these supporting or supplemental records are to be used to post the daily record, and (b) the deferral of posting does not pose a jeopardy to the revenue.
§ 20.267 Filing and retaining records.
Any person who is required to maintain records of operations under this part shall file and retain records and copies of reports in the following manner:
(a) Keep on file for a period of not less than 3 years after the date of the report covering the operation, in such a way as to allow inspection by TTB officers, all those records of operations, all supporting or supplemental records, and copies of all reports as required by this part. However, the appropriate TTB officer may require that the records and copies of reports be kept for an additional period, not to exceed 3 years.
(b) File all records and copies of reports at the premises where the operations are conducted.
(c) Make the files of records and copies of reports available to TTB officers during regular business hours for examination.
[T.D. ATF– 199, 50 FR 1962, Mar. 6, 1985, as amended by T.D. ATF–435, 66 FR 5475, Jan. 19, 2001]
§ 20.268 Photographic copies of records.
(a) General. Permittees may record, copy, or reproduce required records. Any process may be used which accurately reproduces the original record, and which forms a durable medium for reproducing and preserving the original record.
(b) Copies of records treated as original records. Whenever records are reproduced under this section, the reproduced records will be preserved in conveniently accessible files, and provisions will be made for examining, viewing, and using the reproduced records the same as if they were the original record, and they will be treated and considered for all purposes as though they were the original record. All provisions of law and regulations applicable to the original are applicable to the reproduced record. As used in this section, “original record” means the record required by this part to be maintained or preserved by the permittee, even though it may be an executed duplicate or other copy of the document.
(Sec. 201, Pub. L. 85–859, 72 Stat. 1395, as amended (26 U.S.C. 5555))
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