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Old 05-05-2009, 05:47 PM   #21
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I want actual legal citations. All we have to go on at this point is hearsay. "Some guy on this one show said it was legal...."

I want to see the text.

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Old 05-05-2009, 05:55 PM   #22
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I think that the biggest problem with this method is that there are no laws restricting or allowing it.

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Old 05-05-2009, 06:01 PM   #23
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Laws don't seem to be written to allow behavior, they are written to restrict behavior. If there isn't a law against it then it is legal. If there is no law then there will not be a legal citation to allow it.

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Old 05-05-2009, 06:05 PM   #24
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OK. I stated this thread for legal stuff.

http://www.homebrewtalk.com/f14/home...-state-117719/

I think this is within the law, although the potential for legal action is always present. For example, Wisconsin has an open carry law which the state attorney has backed up, but the police have openly stated that they will detain and arrest anyone open carrying a weapon.

Point being, the enforcers of the law can do as they please and ruin your day, but I believe the courts would hold up the legality of fractional freezing beer for the purposes of making a common beer style (e.g., Eisbock).

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Old 05-05-2009, 06:06 PM   #25
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Here is some text from Chapter 51 of the Internal Revenue Service:

(4) Distiller

The term ``distiller'' includes any person who--
(A) produces distilled spirits from any source or substance,
(B) brews or makes mash, wort, or wash fit for distillation
or for the production of distilled spirits (other than the
making or using of mash, wort, or wash in the authorized
production of wine or beer, or the production of vinegar by
fermentation),
(C) by any process separates alcoholic spirits from any
fermented substance, or

(D) making or keeping mash, wort, or wash, has a still in
his possession or use.

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Old 05-05-2009, 06:07 PM   #26
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Quote:
Originally Posted by phillc View Post
Is it REALLY that bad to simply discuss these things? I have no interest in doing this whatsoever, I am now aware that there are legal issues, and yet I find the discussion interesting. What's wrong with that?
AS much as I think the distlling threads should get closed because it's not what we do here, I think closing a thread because it's an illegal topic wrong.

We don't close threads ever that mention Marijuana.
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Old 05-05-2009, 06:09 PM   #27
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Quote:
Originally Posted by Boerderij_Kabouter View Post
OK. I stated this thread for legal stuff.

http://www.homebrewtalk.com/f14/home...-state-117719/

I think this is within the law, although the potential for legal action is always present. For example, Wisconsin has an open carry law which the state attorney has backed up, but the police have openly stated that they will detain and arrest anyone open carrying a weapon.

Point being, the enforcers of the law can do as they please and ruin your day, but I believe the courts would hold up the legality of fractional freezing beer for the purposes of making a common beer style (e.g., Eisbock).
How can they do this? Could you not just sue imediataley for wrongful arrest?
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Old 05-05-2009, 06:10 PM   #28
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See that is the kicker. You are not separating alcoholic spirits from any fermented substance, you are separating water.

That's the big difference. At the end of the process you are left with water, and beer. Not any distilled or alcoholic spirit.

Great work on the citation. I think I am appeased that this process is legal.

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Old 05-05-2009, 06:11 PM   #29
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How can they do this? Could you not just sue imediataley for wrongful arrest?
Ha... good one. I don't want to bring it up here, but police can do as they please under the guise of public disturbance and safety.
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Old 05-05-2009, 06:17 PM   #30
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Quote:
Originally Posted by Boerderij_Kabouter View Post
See that is the kicker. You are not separating alcoholic spirits from any fermented substance, you are separating water.

That's the big difference. At the end of the process you are left with water, and beer. Not any distilled or alcoholic spirit.

Great work on the citation. I think I am appeased that this process is legal.
Sir, I believe you are correct. However, the kicker would be if there were an actual law preventing this process. So far I have seen nothing like that in any of the federal information on spirits.

Plus, wikipedia (yeah, I know, but it's was handy) claims spirits have to be 20% ABV or higher, so you would be safe up to that point regardless.
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