86 Ill. Adm. Code 420.40
Non-Beverage Alcoholic Preparations and Compounds
Section 420
Section 420.40 Non-Beverage
Alcoholic Preparations and Compounds
a) Manufacturers who hold non-beverage user's licenses under the
Act are not required to pay any gallonage tax when they sell any of the
following products which contain alcoholic liquor, but which are unfit for
beverage purposes: Patent and proprietary medicines; medicinal, antiseptic,
culinary and toilet preparations; flavoring extracts, syrups and food products;
scientific, industrial and chemical products.
b) Manufacturers or importing distributors selling alcoholic
liquor to licensed non-beverage users for use in the manufacture of such
products, or for scientific, chemical, experimental or mechanical purposes, are
not liable for the gallonage tax on such sales. The words "non-beverage
user" include laboratories, hospitals and sanatoria using alcohol for
non-beverage purposes.
c) Bitters:
1) Bitters not capable of being consumed as a beverage in their
original condition as sold are considered to be non-beverage alcoholic
preparations and may be sold without payment of gallonage tax thereon.
2) In general, the Department will regard exclusion of any
bitters from Federal liquor tax by ruling of the United States Department of
Treasury as prima facie evidence that such bitters are not capable of being
consumed as a beverage, and therefore do not carry a liability for State of
Illinois tax.
d) Malt Tonics:
Malt tonics, unless medicated, are deemed to be alcoholic
liquors, and tax must be paid by manufacturers and importing distributors with
respect to the sale or use thereof to the same extent as any other alcoholic
liquor.