beoir00

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Hi All -- I was chatting with a couple friends that also brew and I couldn't quite explain why specifically home brewers can't legally sell their beer. I know there's something with taxes but I'm sure there's more to it beyond that. Does someone know where it's explained fully?

Thanks!

BigKahuna

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Taxes is the big part, the other is commercial production of food or beverage, (you'd need to be USDA Inspected). It's a pain in the ass, but you sure could license to produce beer and wine for sale. Check the BATF web page, I'm guessing they have info there.

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boo boo

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Basically because it's not licenced and inspected.

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How do you BBQ an elephant....first you get your elephant....

McKBrew

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Taxes and the three tier distribution system are part of the issue. Additionally there are federal, state, and local laws in regards to food handling and preparation. As far as a specific federal law, you aren't going to find one. Each state has it's own rules on top of the federal ones.

Check out these links for more discussion
http://www.homebrewtalk.com/archive/index.php/t-1205.html

http://beeradvocate.com/forum/read/996862

beoir00

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thanks bigkahuna, boo boo, and mckbrew. funny how that works. people can make jam or brownies or pasta sauce in their kitchen and go sell it at a farmers market unregulated but homebrew's a no-no

david_42

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No, one of the homebrewers I know used to make chocolates at home & sell them. He got nailed by the health inspectors. One hit was for having a cat in the house.

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Yooper

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Exactly- even to sell jam or other things, you have to have a commercial kitchen inspected yearly by the health department. One time events like church bake sales are generally excluded, but I'm not sure that even all church bake sales are legal.

I have friends who make BBQ sauce and sell it. They used to rent a commercial kitchen once a month to make the sauce, so they could be legal. Eventually, they built onto their house for this commercial kitchen to make one product. I would guess that beer/wine to sell would be more than three times the government red tape, due to state liquor laws as well as the commercial food laws.

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Broken Leg Brewery
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McKBrew

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Every state has different rules regarding food sales at farmer's markets, etc... Right or wrong, the rules regarding alcohol sales are pretty much the same everywhere.