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Old 06-10-2006, 04:38 AM   #1
berkeleybrew
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hey does anyone actually obey the 100/200 gallon or whatever the law is? I guess thats actually a lot, but who cares if it's more than that?

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Old 06-10-2006, 04:55 AM   #2
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ATF cares.

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Old 06-10-2006, 05:01 AM   #3
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Haha, I'm sure ATF does care, but who's to say that I made 400 gallons, meaning im a severe alcoholic, and not 100

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Old 06-10-2006, 12:47 PM   #4
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For many brewers it's hard to brew that much.

Just be grateful noone is checking!

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Old 06-10-2006, 01:48 PM   #5
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I dont think it is enforcable. It is maily there to keep homebrewers from selling their beer.

I "obey" this law mainly because I dont have the capacity for 200+ gallons of bottles, nor the time to brew 200+ gallons a year.

- magno

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Old 06-10-2006, 01:53 PM   #6
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I think Michael might have exceeded that back when we were brewing in Oakland, but since I was brewing with him & he was living with someone, it averaged out ok.

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Old 06-10-2006, 02:05 PM   #7
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whats this 200 gallon law you speak of?

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Old 06-10-2006, 04:15 PM   #8
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I believe for individuals you can only make 100 gallons/year, and for a household, you can make 200 gallons/year.

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Old 06-10-2006, 05:52 PM   #9
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who's counting?

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Old 06-10-2006, 09:19 PM   #10
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Below is the USA law. Go here to select your state law: http://www.beertown.org/homebrewing/legal.html

Legal Status of Homebrewing in the U.S.A.

Updated: 9/95
United States Federal Government
Status: Permitted, subject to age restriction and amount (gallonage).
Statute:
United States Code Title 26, Subtitle E, Chapter 51, Subchapter A, Part I, Subpart D, § 5053 provides an exemption to the code permitting the production of beer for personal or family use. § 5052 provides a definition for beer (see applicable statutory material).

Discussion:
The 1978 amendment to § 5053 added subsection (e) thus federally recognizing the home production of beer. Amendment XXI (1933) of the United States Constitution repealed the prohibition of intoxicating liquor (Amendment XVIII [1919]). However, section 2 of Amendment XXI and state police power gives states the authority to regulate the production, transportation and possession of intoxicating liquors. Therefore the home production of beer is recognized by federal statute so long as such production is not in violation of state law.

Special Provisions:
N/A

Alcohol Beverage Control Agency:
Bureau of Alcohol, Tobacco and Firearms
650 Massachusetts Ave.
Washington, DC 20226
(202) 927-8700

Applicable Statutory Material:
§ 5052 DEFINITIONS

(a) Beer.--For purposes of this chapter (except when used with reference to distilling or distilling material) the term "beer" means beer, ale, porter, stout, and other similar fermented beverages (including sake or similar products) of any name or description containing one-half of 1 percent or more of alcohol by volume, brewed or produced from malt, wholly or in part, or from any substitute therefore.
§ 5053 EXEMPTIONS
(e) Beer for personal or family use.--Subject to regulation prescribed by the Secretary, any adult may, without payment of tax, produce beer for personal or family use and not for sale. The aggregate amount of beer exempt from tax under this subsection with respect to any household shall not exceed--
(1) 200 gallons per calendar year if there are 2 or more adults in such household, or
(2) 100 gallons per calendar year if there is only 1 adult in such household.
For purposes of this subsection, the term "adult" means an individual who has attained 18 years of age, or the minimum age (if any) established by law applicable in the locality in which the household is situated at which beer may be sold to individuals, whichever is greater.

Note: The information presented here is to the best of our knowledge and should not be used as a substitute for legal advice specific to the laws of your state.
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