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LegalText 26 U.S.C. § 5392 Definitions us united_states_code code_section 26 INTERNAL REVENUE CODE 51 DISTILLED SPIRITS, WINES, AND BEER 5392 26 U.S.C. § 5392 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc26@119-100.zip /us/usc/t26/s5392 data/legal/raw/us/code/title-26/usc26.xml 1504767d09fd268206e04302b84a8f0b6aa89df8db1b0566ad04ab1f402c84df a261f094809116f42a96648a3d5eee80fa010379d67412551c21dd5c900b27f4 4b46f0d61e6dd8de98ae32b94342f34ddc6bef226dc6b8d9fa54eb1dd58872f0 2026-07-04 official
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26 U.S.C. § 5392 - Definitions

Text

(a) Standard wine For purposes of this subchapter the term “standard wine” means natural wine, specially sweetened natural wine, special natural wine, and standard agricultural wine, produced in accordance with the provisions of sections 5381, 5385, 5386, and 5387, respectively.

(b) Heavy bodied blending wine For purposes of this subchapter the term “heavy bodied blending wine” means wine made from fruit without added sugar, and with or without added wine spirits, and conforming to the definition of natural wine in all respects except as to maximum total solids content.

(c) Pure sugar For purposes of this subchapter the term “pure sugar” means pure refined sugar, suitable for human consumption, having a dextrose equivalent of not less than 95 percent on a dry basis, and produced from cane, beets, or fruit, or from grain or other sources of starch. Invert sugar syrup produced from such pure sugar by recognized methods of inversion may be used to prepare any sugar syrup, or solution of water and pure sugar, authorized in this subchapter.

(d) Total solids For purposes of this subchapter the term “total solids”, in the case of wine, means the degrees Brix of the dealcoholized wine.

(e) Same kind of fruit For purposes of this subchapter the term “same kind of fruit” includes, in the case of grapes, all of the several species and varieties of grapes. In the case of fruits other than grapes, this term includes all of the several species and varieties of any given kind; except that this shall not preclude a more precise identification of the composition of the product for the purpose of its designation.

(f) Own production For purposes of this subchapter the term “own production”, when used with reference to wine in a bonded wine cellar, means wine produced by fermentation in the same bonded wine cellar, whether or not produced by a predecessor in interest at such bonded wine cellar. This term may also include, under regulations, wine produced by fermentation in bonded wine cellars owned or controlled by the same or affiliated persons or firms when located within the same State; the term “affiliated” shall be deemed to include any one or more bonded wine cellar proprietors associated as members of any farm cooperative, or any one or more bonded wine cellar proprietors affiliated within the meaning of section 117(a)(5) of the Federal Alcohol Administration Act, as amended (27 U.S.C. 211).

(g) Liquid sugar For purposes of this subchapter the term “liquid sugar” means a substantially colorless pure sugar and water solution containing not less than 60 percent pure sugar by weight (60 degrees Brix.)

(Added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1387; amended Pub. L. 8944, title VIII, § 806(b)(3), June 21, 1965, 79 Stat. 163; Pub. L. 94455, title XIX, § 1905(a)(21), Oct. 4, 1976, 90 Stat. 1820; Pub. L. 115141, div. U, title IV, § 401(a)(246), Mar. 23, 2018, 132 Stat. 1195.)

Notes

Editorial Notes

Prior ProvisionsA prior section 5392, act Aug. 16, 1954, ch. 736, 68A Stat. 672, consisted of provisions similar to those comprising this section, prior to the general revision of this chapter by Pub. L. 85859.

Amendments2018—Subsec. (f). Pub. L. 115141 substituted “section 117(a)(5)” for “section 17(a)(5)”. 1976—Subsec. (f). Pub. L. 94455 struck out “49 Stat. 990;” before “27 U.S.C. 211”. 1965—Subsec. (c). Pub. L. 8944, § 806(b)(3)(A), added fruit, grain, or other sources of starch to cane and beets as sources of “pure sugar”. Subsec. (g). Pub. L. 8944, § 806(b)(3)(B), added subsec. (g).

Statutory Notes and Related Subsidiaries

Effective Date of 1976 AmendmentAmendment by Pub. L. 94455 effective on first day of first month which begins more than 90 days after Oct. 4, 1976, see section 1905(d) of Pub. L. 94455, set out as a note under section 5005 of this title.

Effective Date of 1965 AmendmentAmendment by Pub. L. 8944 effective Jan. 1, 1966, see section 806(d)(2) of Pub. L. 8944, set out as a note under section 5383 of this title.