Rules for using tanks greater than 100 gallons

[Foreshot]

We're starting to grow. Our gin is doing really well. Now we're using 52g Speidel tanks for proofing. It works but we are going to need to produce larger amount in the next few months. I would like to upgrade to 100g + tanks. I know that the rules change at that size. So what are the rules on using them? Do they need capacities marked or do they need weighed? I see threads here about using load cells though I think this is above our budget at the moment. We don't have the space to have a forklift so moving tanks to the scale is a no go.

[dhdunbar]

Rules?  Well, there are a few. 

• You must register any tank of greater than 101 gallons capacity by filing an amended registration (§§ 19.75 and 19.122.  The rules say you must do that before you use the tank.
• You must equip all tanks as required by §19.181.  Read that and see that it includes such things as an attached method to gauge.
• You must make tank records (§§ 19.592 and 198.593) instead of package records. 
• If you move a tank you must get it recalibrated before you use it (§19.182(c)).
• You must make a quartely physical inventory of all spirits held in tanks in either the storage account (§19.333) or processing account (19.371).

So why did I begin this reply with "Rules?"  Take a look around you at all of the DSP's that are storing in large totes.  Do I need to add a rhetorical smiley face to that statement?  I've not asked TTB about this because there is a sound principle involving an admonition about kicking sleeping dogs.

Amend the registration to list the tanks, make the records, take the inventories.   

[Foreshot]

Thanks Dave! I appreciate it.

[LuckyGuy]

On 12/29/2020 at 11:39 AM, dhdunbar said:

Rules?  Well, there are a few. 

• You must register any tank of greater than 101 gallons capacity by filing an amended registration (§§ 19.75 and 19.122.  The rules say you must do that before you use the tank.
• You must equip all tanks as required by §19.181.  Read that and see that it includes such things as an attached method to gauge.
• You must make tank records (§§ 19.592 and 198.593) instead of package records. 
• If you move a tank you must get it recalibrated before you use it (§19.182(c)).
• You must make a quartely physical inventory of all spirits held in tanks in either the storage account (§19.333) or processing account (19.371).

So why did I begin this reply with "Rules?"  Take a look around you at all of the DSP's that are storing in large totes.  Do I need to add a rhetorical smiley face to that statement?  I've not asked TTB about this because there is a sound principle involving an admonition about kicking sleeping dogs.

Amend the registration to list the tanks, make the records, take the inventories.   

is there a link to these rules?

[dhdunbar]

I usually cite the sections of regulation that lead to my statements. I did so here.  The rules are in §§ 19.75, 19.122, 19.181, 9.182, 19.592 and 19.593,  as cited.  You can find a link to the regulations on TTB's web site, but here it is for our convenience:

https://www.ecfr.gov/cgi-bin/text-idx?c=ecfr;sid=33fc0c0194b58b6fe95208945b5c637a;rgn=div5;view=text;node=27:1.0.1.1.15;idno=27;cc=ecfr    

Now, what constitutes a tank is not defined.  §19.75 says you don't have to report any portable bulk contains of under 101 gallons capacity unless they are tanks as defined in §19.182.  But §19.182 only says that if you have a tank, then you must equip it as described therein.  It does not say what a tank is. 

To restate the obvious, TTB is not enforcing these requirements.  That is why I said that there are rules, sort of.  I did not make this clear, or even allude to it, but those totes of more than 101 gallons capacity are neither small, portable constrainers of less than 101 gallons, or as far as I can see, tanks either.  But since they are greater than 101 gallons, how do you list them on the list of major equipment.  What are they?  Portable bulk containers of over 101 gallon capacity, I guess. 

So, you have to equip tanks for locking per §19.192(d), but what about those big totes? I  will speculate, the intent is that you have a way of securing and gauging portable bulk containers of any size.  You can find that requirement, sort of, in §19.192(e)(3), which provides that you must have approved locks on any doors from which access may be gained from the outside to rooms or buildings containing spirits stored in portable bulk containers.

What are approved locks?  Don't get me started on that one.