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Bureau of Alcohol, Tobacco and Firearms, Treasury Pt. 21 and which forms a durable medium for 21.39 Formula No. 6–B. reproducing and preserving the original 21.40 Formula No. 12–A. record. 21.41 Formula No. 13–A. (b) Copies of records treated as original 21.42 Formula No. 17. records. Whenever records are repro- 21.43 Formula No. 18. duced under this section, the repro- 21.44 Formula No. 19. 21.45 Formula No. 20. duced records will be preserved in con- 21.46 Formula No. 22. veniently accessible files, and provi- 21.47 Formula No. 23–A. sions will be made for examining, view- 21.48 Formula No. 23–F. ing, and using the reproduced records 21.49 Formula No. 23–H. the same as if they were the original 21.50 Formula No. 25. record, and they will be treated and 21.51 Formula No. 25–A. considered for all purposes as though 21.52 Formula No. 27. 21.53 Formula No. 27–A. they were the original record. All pro- 21.54 Formula No. 27–B. visions of law and regulations applica- 21.55 Formula No. 28–A. ble to the original are applicable to the 21.56 Formula No. 29. reproduced record. As used in this sec- 21.57 Formula No. 30. tion, ‘‘original record’’ means the 21.58 Formula No. 31–A. record required by this part to be 21.59 Formula No. 32. maintained or preserved by the per- 21.60 Formula No. 33. 21.61 Formula No. 35. mittee, even though it may be an exe- 21.62 Formula No. 35–A. cuted duplicate or other copy of the 21.63 Formula No. 36. document. 21.64 Formula No. 37. 21.65 Formula No. 38–B. (Sec. 201, Pub. L. 85–859, 72 Stat. 1395, as 21.66 Formula No. 38–C. amended (26 U.S.C. 5555)) 21.67 Formula No. 38–D. 21.68 Formula No. 38–F. PART 21—FORMULAS FOR 21.69 Formula No. 39. DENATURED ALCOHOL AND RUM 21.70 Formula No. 39–A. 21.71 Formula No. 39–B. Subpart A—General Provisions 21.72 Formula No. 39–C. 21.73 Formula No. 39–D. Sec. 21.74 Formula No. 40. 21.1 Scope of regulations. 21.75 Formula No. 40–A. 21.2 Forms prescribed. 21.76 Formula No. 40–B. 21.3 Stocks of discontinued formulas. 21.77 Formula No. 40–C. 21.4 Related regulations. 21.78 Formula No. 42. 21.5 Denatured spirits for export. 21.79 Formula No. 44. 21.6 Incorporations by reference. 21.80 Formula No. 45. 21.7 Delegations of the Director. 21.81 Formula No. 46. Subpart B—Definitions Subpart E—Specifications for Denaturants 21.11 Meaning of terms. 21.91 General. 21.92 Denaturants listed as U.S.P. or N.F. Subpart C—Completely Denatured 21.93 Acetaldehyde. Alcohol Formulas 21.94 Acetaldol. 21.95 Alpha terpineol. 21.21 General. 21.96 Ammonia, aqueous. 21.22 Formula No. 18. 21.97 Benzene. 21.23 Formula No. 19. 21.98 Bone oil (Dipple’s oil). 21.24 Formula No. 20. 21.99 Brucine alkaloid. 21.100 n-Butyl alcohol. Subpart D—Specially Denatured Spirits 21.101 tert-Butyl alcohol. Formulas and Authorized Uses 21.102 Caustic soda, liquid. 21.103 Chloroform. 21.31 General. 21.104 Cinchonidine. 21.32 Formula No. 1. 21.105 Citronella oil, natural. 21.33 Formula No. 2–B. 21.106 Diethyl phthalate. 21.34 Formula No. 2–C. 21.107 Ethyl acetate. 21.35 Formula No. 3–A. 21.108 Ethyl ether. 21.36 Formula No. 3–B. 21.109 Gasoline. 21.37 Formula No. 3–C. 21.110 Gasoline, unleaded. 21.38 Formula No. 4. 21.111 Gentian violet. 467 VerDate Apr<18>2002 11:33 May 15, 2002 Jkt 197099 PO 00000 Frm 00467 Fmt 8010 Sfmt 8010 Y:\SGML\197099T.XXX pfrm15 PsN: 197099T §21.1 27 CFR Ch. I (4–1–02 Edition) 21.112 Heptane. mation called for in each form shall be 21.113 Isopropyl alcohol. furnished as indicated by the headings 21.114 Kerosene. on the form and the instructions on or 21.115 Kerosene (deodorized). pertaining to the form. In addition, in- 21.116 Methyl alcohol. 21.117 Methyl isobutyl ketone. formation called for in each form shall 21.118 Methyl n-butyl ketone. be furnished as required by this part. 21.119 Nicotine solution. The form will be filed in accordance 21.120 Nitropropane, mixed isomers of. with the instructions for the form. 21.121 Phenyl mercuric benzoate. (b) Forms may be requested from the 21.122 Pyridine bases. ATF Distribution Center, P.O. Box 21.123 Pyronate. 21.124 Quassin. 5950, Springfield, Virginia 22150–5950, or 21.125 Rubber hydrocarbon solvent. by accessing the ATF web site (http:// 21.126 Safrole. www.atf.treas.gov/). 21.127 Shellac (refined). 21.128 Sodium (metallic). [T.D. ATF–133, 48 FR 24673, June 2, 1983, as 21.129 Spearmint oil, terpeneless. amended by T.D. ATF–249, 52 FR 5961, Feb. 21.130 Spike lavender oil, natural. 27, 1987; T.D. 372, 61 FR 20724, May 8, 1996; 21.131 Sucrose octaacetate. T.D. ATF–435, 66 FR 5475, Jan. 19, 2001] 21.132 Toluene. 21.133 Vinegar. §21.3 Stocks of discontinued formulas. Subpart F—Uses of Specially Denatured Denaturers, or specially denatured Alcohol and Specially Denatured Rum spirits dealers or users, having on hand 21.141 List of products and processes using stocks of denaturants or formulas of specially denatured alcohol and rum, and specially denatured spirits no longer formulas authorized therefor. authorized by this part may— (a) Continue to supply or use those Subpart G—Denaturants Authorized for stocks in accordance with existing per- Denatured Spirits mits until the stocks are exhausted; 21.151 List of denaturants authorized for de- (b) Use up those stocks in any manu- natured spirits. facturing process approved by the ap- propriate ATF officer, pursuant to an Subpart H—Weights and Specific Gravities application filed with him on ATF of Specially Denatured Alcohol Form 5150.19, Formula for Articles 21.161 Weights and specific gravities of spe- made with Specially Denatured Alco- cially denatured alcohol. hol and Rum; AUTHORITY: 5 U.S.C. 552(a); 26 U.S.C. 5242, (c) On approval of an application, 7805. filed with the appropriate ATF officer and approved by such officer, destroy SOURCE: T.D. ATF–133, 48 FR 24673, June 2, those stocks under whatever super- 1983, unless otherwise noted. vision the appropriate ATF officer re- EDITORIAL NOTE: Nomenclature changes to quires; or part 21 appear by T.D. ATF–435, 66 FR 5475, (d) Otherwise dispose of those stocks Jan. 19, 2001. in a manner satisfactory to the appro- Subpart A—General Provisions priate ATF officer, pursuant to ap- proval of an application. §21.1 Scope of regulations. [T.D. ATF–133, 487 FR 24673, June 2, 1983, as The regulations in this part relate to amended by T.D. ATF–435, 66 FR 5475, Jan. the formulation of completely dena- 19, 2001] tured alcohol, specially denatured alco- §21.4 Related regulations. hol, and specially denatured rum; to the specifications for denaturants; and The procedural and substantive re- to the uses of denatured spirits. quirements relative to the production §21.2 Forms prescribed. of denatured alcohol and specially de- natured rum are prescribed in Part 19 (a) General. The appropriate ATF offi- of this chapter, and those relative to cer is authorized to prescribe all forms the distribution and use of denatured required by this part. All of the infor- alcohol and specially denatured rum 468 VerDate Apr<18>2002 11:33 May 15, 2002 Jkt 197099 PO 00000 Frm 00468 Fmt 8010 Sfmt 8010 Y:\SGML\197099T.XXX pfrm15 PsN: 197099T Bureau of Alcohol, Tobacco and Firearms, Treasury §21.11 are prescribed in Part 20 of this chap- Society for Testing and Materials, 1916 ter. Race Street, Philadelphia, Pennsyl- [T.D. ATF–133, 48 FR 24673, June 2, 1983, as vania 19103. amended by T.D. ATF–199, 50 FR 9183 Mar. 6, (c) Material from the ‘‘Official Meth- 1985] ods of Analysis of the Association of Official Analytical Chemists (13th Edi- §21.5 Denatured spirits for export. tion 1980)’’ (AOAC) is incorporated by Spirits may be denatured in accord- reference in this part. This incorpora- ance with formulas prescribed by the tion by reference was approved by the government of a foreign country to Director of the Federal Register. This which the denatured spirits will be ex- publication may be inspected at the Of- ported. However, the denaturer must fice of the Federal Register, 800 North first apply for and obtain written per- Capitol Street, NW., suite 700, Wash- mission from the appropriate ATF offi- ington, DC, and is available from the cer. The application shall be submitted Association of Official Analytical to the appropriate ATF officer and Chemists, 11 North 19th Street, Suite shall contain the following informa- 210, Arlington, Virginia 22209. tion: (Pub. L. 89–554, 80 Stat. 383 as amended (5 (a) A complete list of ingredients for U.S.C. 552(a))) the spirits to be denatured. (b) The exact amount of each ingre- §21.7 Delegations of the Director. dient to be used in denaturing the spir- All of the regulatory authorities of its. the Director contained Part 21 of the (c) A copy (accompanied by an English translation as necessary) of regulations are delegated to appro- the law or regulations of the foreign priate ATF officers. These ATF officers country to which the denatured spirits are specified in ATF Order 1130.9, Dele- will be exported, specifying the dena- gation Order—Delegation of the Direc- tured spirits formulation prescribed by tor’s Authorities in 27 CFR Parts 20, 21 that country. and 22. ATF delegation orders, such as ATF Order 1130.9, are available to any §21.6 Incorporations by reference. interested person by mailing a request (a) ‘‘The United States Pharma- to the ATF Distribution Center, PO copoeia (Twentieth Revision, Official Box 5950, Springfield, Virginia 22150– from July, 1980) and the National For- 5950, or by accessing the ATF web site mulary (Fifteenth Edition, Official ((http://www.atf.treas.gov/). from July 1, 1980)’’ published together [T.D. ATF–435, 66 FR 5475, Jan. 19, 2001] as ‘‘The USP and NF Compendia,’’ are incorporated by reference in this part. Subpart B—Definitions This incorporation by reference was ap- proved by the Director of the Federal §21.11 Meaning of terms. Register. The publication may be in- spected at the Office of the Federal When used in this part and in forms Register, 800 North Capitol Street, prescribed under this part, unless the NW., suite 700, Washington, DC, and is context otherwise requires, terms have available from the United States Phar- the meanings given in this section. macopoeia Convention, Inc., 12601 Words in the plural form include the Twinbrook Parkway, Rockville, Mary- singular, and vice versa, and words in- land 20852. dicating the masculine gender include (b) Material from Parts 23, 25, and 29 the feminine. The terms ‘‘includes’’ of the 1980 Annual Book of ASTM and ‘‘including’’ do not exclude things Standards is incorporated by reference not mentioned which are in the same in this part. This incorporation by ref- general class. erence was approved by the Director of Alcohol. The spirits known as ethyl the Federal Register. These publica- alcohol, ethanol, or spirits of wine, tions may be inspected at the Office of from whatever source or by whatever the Federal Register, 800 North Capitol process produced. The term does not Street, NW., suite 700, Washington, DC, include such spirits as whisky, brandy, and are available from the American rum, gin, or vodka. 469 VerDate Apr<18>2002 11:33 May 15, 2002 Jkt 197099 PO 00000 Frm 00469 Fmt 8010 Sfmt 8010 Y:\SGML\197099T.XXX pfrm15 PsN: 197099T §21.21 27 CFR Ch. I (4–1–02 Edition) Appropriate ATF officer. An officer or as twice the percent of ethyl alcohol by employee of the Bureau of Alcohol, To- volume. bacco and Firearms (ATF) authorized Rum. Any spirits produced from sugar to perform any functions relating to cane products and distilled at less than the administration or enforcement of 190 proof in such manner that the spir- this part by ATF Order 1130.9, Delega- its possess the taste, aroma, and char- tion Order—Delegation of the Direc- acteristics generally attributed to rum. tor’s Authorities in 27 CFR Parts 20, 21 S.D.A. Specially denatured alcohol. and 22. Specially denatured alcohol. Those CFR. The Code of Federal Regula- spirits known as alcohol, as defined in tions. this section, denatured pursuant to the C.D.A. Completly denatured alcohol. specially denatured alcohol formulas Completely denatured alcohol. The authorized under subpart D of this spirits known as alcohol, as defined in part. this section, denatured pursuant to Specially denatured rum. Those spirits completely denatured alcohol formulas known as rum, as defined in this sec- prescribed in subpart C of this part. tion, denatured pursuant to the spe- Denaturant. A material authorized by cially denatured rum formula author- this part to be added to spirits in order ized under subpart D of this part. to make those spirits unfit for bev- Spirits or distilled spirits. Alcohol or erage or internal human medicinal use. rum as defined in this part. Denatured spirits. Alcohol or rum to U.S.C. The United States Code. which denaturants have been added as U.S.P. The United States Pharma- provided in this part. copoeia. The latest edition is intended Director. The Director, Bureau of Al- unless otherwise specified. The des- cohol, Tobacco and Fireams, the De- ignations ‘‘U.S.P.’’ and ‘‘N.F.’’ are con- partment of the Treasury, Washington, sidered interchangeable when prepara- DC 20226. tions are transferred from one publica- Essential oil. Any of the volatile odor- tion to the other. (For incorporation iferous natural oils found in plants, by reference, see §21.6(a).) which impart to such plants odor, and [T.D. ATF–133, 48 FR 24673, June 2, 1983, as often other characteristic properties; amended by T.D. ATF–199, 50 FR 9183, Mar. 6, also, imitations of such natural oils, as 1985; T.D. ATF–435, 66 FR 5475, Jan. 19, 2001] well as aromatic substances, and syn- Subpart C—Completely thetic oils, which possess the denatur- ing characteristics of such natural oils. Denatured Alcohol Formulas Gallon. The liquid measure equiva- lent to the volume of 231 cubic inches. §21.21 General. Manufacturer or user. A person who (a) Alcohol shall be completely dena- holds a permit, issued under part 20 of tured only in accordance with formulas this chapter, to withdraw and use spe- prescribed in this subpart (or in accord- cially denatured alcohol or specially ance with §21.5). denatured rum, or to recover com- (b) Denaturers may be authorized to pletely or specially denatured alcohol, add a small quantity of an odorant, or specially denatured rum, or articles rust inhibitor, or dye to completely de- manufactured with denatured spirits, natured alcohol. Any such addition or a distilled spirits plant proprietor shall be made only on approval by the qualified under Part 19 of this chapter appropriate ATF officer. Request for as a processor. such approval shall be submitted to the N.F. The National Formulary. The appropriate ATF officer. lastest edition is intended unless other- (c) Odorants or perfume materials wise specified. The designations may be added to denaturants author- ‘‘U.S.P.’’ and ‘‘N.F.’’ are considered ized for completely denatured alcohol interchangeable when preparations are in amounts not greater than 1 part to transferred from one publication to the 250, by weight. However, such addition other. (For incorporation by reference, shall not decrease the denaturing value see §21.6(a).) nor change the chemical or physical Proof. The ethyl alcohol content of a constants beyond the limits of the liquid at 60 degrees Fahrenheit, stated specifications for these denaturants as 470 VerDate Apr<18>2002 11:33 May 15, 2002 Jkt 197099 PO 00000 Frm 00470 Fmt 8010 Sfmt 8010 Y:\SGML\197099T.XXX pfrm15 PsN: 197099T
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