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Old 05-05-2009, 04:52 PM   #1
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Default Homebrewing Legality by State

I would like to get a consolidated list together of homebrewing laws in all the states. Please quote the actual text. I do not what, 'yep it legal in ____'.

Quote the statute and post a link if there is one.


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

http://www.beertown.org/statutes/usa.htm

Quote:
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 Amendment XXI (1933) of the United States Constitution repealed the prohibition of intoxicating liquor (Amendment XVIII [1919]).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.
WISCONSIN

http://www.legis.state.wi.us/statutes/Stat0125.pdf

Quote:
125.02 Definitions. Except as otherwise provided, in this
chapter:...

(6) “Fermented malt beverages” means any beverage made by
the alcohol fermentation of an infusion in potable water of barley
malt and hops, with or without unmalted grains or decorticated
and degerminated grains or sugar containing 0.5% or more of
alcohol by volume.

(22) “Wine” means products obtained from the normal alcohol
fermentation of the juice or must of sound, ripe grapes, other
fruits or other agricultural products, imitation wine, compounds
sold as wine, vermouth, cider, perry, mead and sake, if such products
contain not less than 0.5 percent nor more than 21 percent of
alcohol by volume.

§125.06 License and permit exceptions. No license or permit
is required under this chapter for:

(3) HOMEMADE WINE OR FERMENTED MALT BEVERAGES. The
manufacture of wine or fermented malt beverages of any alcoholic
content by any person at his or her home, farm or place of residence
if the wine or fermented malt beverages is to be consumed
by that person or his or her family and guests, and if the person
manufacturing the wine or fermented malt beverages receives no
compensation.

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Old 05-05-2009, 04:56 PM   #2
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Well I don't know if you know it, but they are all evidently compiled on beertown.org, because to find it, that's where I was taken...

Michigan

Quote:
Updated: 3/08
State: Michigan
Status: Permitted

Statute:
Michigan Compiled Laws Chapter 436, Act 58 of 1998, Chapter 2, Section 436.1207, creates an exception to the Michigan Liquor Control Code for home manufacture of beer, wine, mead, honey-based beer, or cider and allows for gifting of such beverages of up-to 20 gallons per year.

State Alcohol Beverage Control Agency: Michigan Liquor Control Commission DLEG - Liquor Control Commission

Applicable Statutory Material:
436.1207 Exceptions to act.

(b) Beer, wine, mead, honey-based beer, or cider of any alcoholic content made on the premises by the owner or lessee of those premises provided those premises are used and occupied by that owner or lessee as a dwelling and the beer, wine, mead, honey-based beer, or cider is made for family use and home consumption.

(c) The gift to an individual for noncommercial use or consumption of up to 20 gallons of beer, wine, mead, honey-based beer, or cider produced under the circumstances described in subdivision (b). This subdivision does not allow a person less than 21 years of age to possess, receive as a gift, or give beer, wine, mead, honey-based beer, or cider produced under the circumstances described in subdivision (b).
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Old 05-05-2009, 04:59 PM   #3
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Wow... I just spent a long time researching stuff and never found that..... don't I feel dumb. Oh well, maybe it would be good to have our own list anyway.

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Old 05-05-2009, 05:03 PM   #4
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Updated: 1/09
State: Oklahoma
Status: Not Statutorily Recognized

Statute:

Oklahoma presently has no legislation legalizing the production of beer in the home for personal or family use. However, Title 37 section 505 provides for the legal home production of cider and wine. Oklahoma statute 37-506(5) defines the term "Beer". Pursuant to 37-505 the manufacture, sale, possession, etc. of any alcoholic beverage except as provided for in the act is prohibited. Violation of 37-505 can result in a 30 day suspension of a state alcohol license, and/or $3,000 fine.

Discussion:

Oklahoma state statute Title 37 section 505 provides that nothing shall prevent the making of cider, or of wine, not to exceed 200 gallons in any one year pursuant to a license first obtained from the Alcoholic Beverage Laws Enforcement (ABLE) Commission, by simple fermentation and without distillation, if made solely for the use of the maker, his family and guests.
Several individuals in Oklahoma have attempted to introduce legislation to allow for the production of beer in the home. These efforts, while sincere, have had no effect on modifying the existing law. To date we are aware of no enforcement action by state authorities.

The current feeling among the homebrewing community in Oklahoma suggests a growing frustration with legislative reform in the area of beer production in the home for personal or family use. However, the recent influx of brew pubs in the state may aid efforts to amend section 37-505 to include the production of beer in the home.

Note: A free annual permit may be obtained for the production of wine and cider by contacting the licensing supervisor at the ABLE offices.
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Old 05-05-2009, 05:03 PM   #5
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Quote:
Originally Posted by Boerderij_Kabouter View Post
Wow... I just spent a long time researching stuff and never found that..... don't I feel dumb. Oh well, maybe it would be good to have our own list anyway.
It surprised me too on teh googelz, I wasn't even paying attention to WHERE the link was taking me, and it was a surprising when I noticed the familiar brown beertown backdrop on the page.

Here's the link...there's a drop down to select states.

http://www.beertown.org/homebrewing/legal.html
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Old 05-05-2009, 05:04 PM   #6
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I say we just sticky that link and abandon this thread

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Old 05-05-2009, 05:06 PM   #7
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I agree sticky and kill.

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Old 05-05-2009, 05:12 PM   #8
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http://www.tabc.state.tx.us/laws/cod.../AllTitles.pdf


TEXAS

Quote:
SUBCHAPTER B. HOME PRODUCTION OF WINE, ALE,
MALT LIQUOR, OR BEER
Sec. 109.21. HOME PRODUCTION OF WINE, ALE, MALT LIQUOR, OR BEER. (a) The head of a family or an unmarried adult may produce for the use of his family or himself not more than 200 gallons of wine, ale, malt liquor, or beer, per year. No license or permit is required.
(b) The commission may prohibit the use of any ingredient it finds detrimental to health or susceptible of use to evade this code. Only wine made from the normal alcoholic fermentation of the juices of dandelions or grapes, raisins, or other fruits may be produced under this section. Only ale, malt liquor, or beer made from the normal alcoholic fermentation of malted barley with hops, or their products, and with or without other malted or unmalted cereals, may be produced under this section. The possession of wine, ale, malt liquor, or beer produced under this section is not an offense if the person making it complies with all provisions of this section and the wine, ale, malt liquor, or beer is not distilled, fortified, or otherwise altered to increase its alcohol content.
(c) There is no annual state fee for beverages produced in compliance with this section.
Sec. 109.22. DELIVERY OF HOME-PRODUCED WINE, ALE, MALT LIQUOR, OR BEER FOR CERTAIN PURPOSES. (a) This section applies only to a person who is authorized under Section 109.21(a) to produce wine, ale, malt liquor, or beer.
(b)
For the purpose of participating in an organized tasting, evaluation, competition, or literary review, a person to whom this section applies may deliver wine, ale, malt liquor, or beer produced and manufactured by the person to locations that are not licensed under this code for the purpose of submitting those products to an evaluation at an organized tasting competition that is closed to the general public or by a reviewer whose reviews are published if:
(1)
no charge of any kind is made for the wine, ale, malt liquor, or beer, for its delivery, or for attendance at the event; and
(2) the commission consents in writing to the delivery.
(c)
Nothing in this section shall be construed to authorize an increase in the quantity of wine, ale, malt liquor, or beer authorized to be produced by a person under the authority of Section 109.21(a) of this code.
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Old 05-05-2009, 05:39 PM   #9
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Did I understand correctly that out of NJ,PA,NY and DE only NJ requires a permit for homebrewing?

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Old 05-05-2009, 05:44 PM   #10
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Quote:
Originally Posted by Revvy View Post
It surprised me too on teh googelz, I wasn't even paying attention to WHERE the link was taking me, and it was a surprising when I noticed the familiar brown beertown backdrop on the page.

Here's the link...there's a drop down to select states.

Legalization / Laws for Homebrewing
I never even checked my state statutes on it until now. I didn't know I could only brew 100 gal. a year. No more including the year when I write the 'Filled on' date.
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