§ 1263. — Marks and labels on packages.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC1263]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 59--LIQUOR TRAFFIC
Sec. 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, Sec. 1, Sept. 26,
1968, 82 Stat. 872; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(H),
Sept. 13, 1994, 108 Stat. 2147.)
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., Sec. 390 (Mar. 4, 1909, ch.
321, Sec. 240, 35 Stat. 1137; June 25, 1936, ch. 815, Sec. 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.
