Can distilled spirits that are not rendered unfit for beverage use be legally withdrawn from an AFP?
No. The provisions of 27 CFR 19.728 require that before spirits may be withdrawn from an AFP, they must be made unfit for beverage use as provided in 27 CFR, part 19, subpart X. Specifically, § 19.746 lists the authorized materials for rendering distilled spirits unfit for beverage use. Further, 27 CFR 19.726 states that no person shall withdraw, use, sell, or otherwise dispose of distilled spirits (including fuel alcohol) produced under 27 CFR, part 19, subpart X for other than fuel use.
As discussed in AFP23 below, criminal penalties apply to persons who withdraw, use, sell or otherwise dispose of distilled spirits (including fuel alcohol) produced under 27 CFR, part 19, subpart X for uses other than fuel use.
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