26 USC § 5204 - Gauging

---
identifier: "/us/usc/t26/s5204"
source: "usc"
legal_status: "official_prima_facie"
title: "26 USC § 5204 - Gauging"
title_number: 26
title_name: "INTERNAL REVENUE CODE"
section_number: "5204"
section_name: "Gauging"
chapter_number: 51
chapter_name: "DISTILLED SPIRITS, WINES, AND BEER"
subchapter_number: "C"
subchapter_name: "Operation of Distilled Spirits Plants"
part_number: "I"
part_name: "GENERAL PROVISIONS"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Added Pub. L. 85–859, title II, § 201, Sept. 2, 1958, 72 Stat. 1358; amended Pub. L. 94–455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 96–39, title VIII, § 807(a)(23), July 26, 1979, 93 Stat. 283; Pub. L. 98–369, div. A, title IV, § 454(c)(4), July 18, 1984, 98 Stat. 821.)"
---


# § 5204. Gauging

**(a)** **General** The Secretary may by regulations require the gauging of distilled spirits for such purposes, as he may deem necessary, and all required gauges shall be made at such times and under such conditions as he may by regulations prescribe.

**(b)** **Gauging instruments** For the determination of tax and the prevention and detection of frauds, the Secretary may prescribe for use such hydrometers, saccharometers, weighing and gauging instruments, or other means or methods for ascertaining the quantity, gravity, and producing capacity of any mash, wort, or beer used, or to be used, in the production of distilled spirits, and the strength and quantity of spirits subject to tax, as he may deem necessary; and he may prescribe regulations to secure a uniform and correct system of inspection, weighing, marking, and gauging of spirits.

**(c)** **Gauging, marking, and branding by proprietors** The Secretary may by regulations require the proprietor of a distilled spirits plant, at the proprietor’s expense and under such supervision as the Secretary may require, to do such gauging, marking, and branding and such mechanical labor pertaining thereto as the Secretary deems proper and determines may be done without danger to the revenue.

---

**Source Credit**: (Added Pub. L. 85–859, title II, § 201, Sept. 2, 1958, 72 Stat. 1358; amended Pub. L. 94–455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 96–39, title VIII, § 807(a)(23), July 26, 1979, 93 Stat. 283; Pub. L. 98–369, div. A, title IV, § 454(c)(4), July 18, 1984, 98 Stat. 821.)

## Editorial Notes

### Prior Provisions

> | Present subsecs.: | Prior sections |
> | --- | --- |
> | (a) | 5193(a), 5194(g), 5245, 5282(b). |
> | (b) | 5212. |
> | (c) | 5193(d), 5250(b), 5282(b), 5306. |

Provisions similar to those comprising this section were contained in prior sections of act , prior to the general revision of this chapter by , as follows:

The prior sections, , are set out in , 634, 636, 639, 647, 649, 652, 657.

### Amendments

1984—Subsec. (c).  struck out “stamping,” before “marking” in heading and text.

1979—Subsec. (a).  struck out “, in addition to those specified in section 5202(f),” after “spirits for such purposes”.

1976—Subsecs. (a) to (c).  struck out “or his delegate” after “Secretary” wherever appearing.

## Statutory Notes and Related Subsidiaries

### Effective Date of 1984 Amendment

Amendment by  effective , see , set out as an Effective Date note under .

### Effective Date of 1979 Amendment

Amendment by  effective , see , set out as a note under .