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2026-07-06 10:51:44 -04:00

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---
type: "LegalText"
title: "26 U.S.C. § 5361"
description: "Bonded wine cellar operations"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 26
title_name: "INTERNAL REVENUE CODE"
chapter_number: "51"
chapter_name: "DISTILLED SPIRITS, WINES, AND BEER"
section: "5361"
citation: "26 U.S.C. § 5361"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc26@119-100.zip"
source_identifier: "/us/usc/t26/s5361"
source_file: "data/legal/raw/us/code/title-26/usc26.xml"
source_hash: "71dd3fa843863cd2341baf0d06dc3d0b5e47b68c88c7406c9c187dafc9e66df1"
raw_snapshot_hash: "a261f094809116f42a96648a3d5eee80fa010379d67412551c21dd5c900b27f4"
text_hash: "72c9fa32c16333e067ce63de88a58d46475694fda869b95f826ea75e16e428a9"
retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 26 U.S.C. § 5361 - Bonded wine cellar operations
## Text
In addition to the operations described in section 5351, the proprietor of a bonded wine cellar may, subject to regulations prescribed by the Secretary, on such premises receive taxpaid wine for return to bond, reconditioning, or destruction; prepare for market and store commercial fruit products and by-products not taxable as wines; produce or receive distilling material or vinegar stock; produce (with or without added wine spirits, and without added sugar) or receive on wine premises, subject to tax as wine but not for sale or consumption as beverage wine, (1) heavy bodied blending wines and Spanish-type blending sherries, and (2) other wine products made from natural wine for nonbeverage purposes; and such other operations as may be conducted in a manner that will not jeopardize the revenue or conflict with wine operations.
(Added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1380; amended Pub. L. 94455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 9639, title VIII, § 807(a)(43), July 26, 1979, 93 Stat. 287; Pub. L. 10534, title XIV, § 1416(b)(1), Aug. 5, 1997, 111 Stat. 1048.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 5361, act Aug. 16, 1954, ch. 736, 68A Stat. 664, consisted of provisions similar to those comprising this section, prior to the general revision of this chapter by Pub. L. 85859.
Amendments1997—Pub. L. 10534 struck out “unmerchantable” after “premises receive”. 1979—Pub. L. 9639 substituted “or receive on wine premises” for “or receive on standard wine premises only”. 1976—Pub. L. 94455 struck out “or his delegate” after “Secretary”.
Statutory Notes and Related Subsidiaries
Effective Date of 1997 AmendmentAmendment by Pub. L. 10534 effective on the 1st day of the 1st calendar quarter that begins at least 180 days after Aug. 5, 1997, see section 1416(c) of Pub. L. 10534, set out as a note under section 5044 of this title.
Effective Date of 1979 AmendmentAmendment by Pub. L. 9639 effective Jan. 1, 1980, see section 810 of Pub. L. 9639, set out as a note under section 5001 of this title.
Effective DateSection effective July 1, 1959, see section 210(a)(1) of Pub. L. 85859, set out as a note under section 5001 of this title.