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Old 01-13-2011, 06:19 PM   #11
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Again, I am not making or selling alcohol.
Looks to me like you would be producing and selling an alcoholic beverage. You would be providing the equipment, producing the wort, monitoring the fermentation, and packaging the final product. Why does it matter that someone else performs one step in the production process (pitching the yeast)?
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Old 01-13-2011, 06:30 PM   #12
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What's that saying? Possession is 9/10 of the law.....

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Old 01-13-2011, 06:38 PM   #13
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Why not just sell Malt Tea. Then if someone wants to take it home and pitch and package they are making the alcohol.

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Old 01-13-2011, 06:40 PM   #14
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If you are doing it in your home with no license, not only do you risk health code violations, but you likely risk violating both federal and state laws related to selling beer you are making in your home.

Even with a BOP license, or the OR equivalent, you typically cannot assist in fermenting or packaging the beer. Under TTB rules, you cannot even touch a bottle that is getting filled. If you are making the wort on your own and handing people a vial of yeast to pitch, you may not be able to prove you are within the BOP requirements as much as you are somebody just trying to create a loophole that doesn't exist in the law.

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Old 01-14-2011, 01:46 AM   #15
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The only way I could see this working is if you sell just the wort. It would be up to the customer to ferment, but then again, some states require homebrew permits.

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Old 01-14-2011, 02:29 AM   #16
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I think you would be better selling the wort, in a home depot/lowes $2 bucket and a yeast package for them to pitch on their own when they got home. Not sure how they would bottle, but that would at least seem to make it more legal. Of course you appear to be in OR which is a bit looser on these things than some other states.

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Old 01-14-2011, 03:14 AM   #17
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Considering that fermentation is 9/10ths of the final result, I don't think you'd have very happy customers if you just sold wort.

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Old 01-14-2011, 03:55 AM   #18
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Quote:
Originally Posted by slinky0390 View Post
The only way I could see this working is if you sell just the wort. It would be up to the customer to ferment, but then again, some states require homebrew permits.
really? Do you have anything showing which states? Iowa is pretty strict, and it may be of concern to me.
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Old 01-14-2011, 04:19 AM   #19
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Some things to consider about selling wort...

You may need to pass local health codes to sell a food product. While many people sell other food products out of their house, anything alcohol-related is sure to throw up more red flags by the nature of the product.

In spite of not fermenting it, your state laws may be interpreted to include that activity, without a license, as violating the liquor laws. Defending yourself from a penalty could still run in the thousands.

There are various liabilities you take on anytime you hold yourself out as a merchant of a particular product. Imagine the customer that buys your tub of wort and leaves it sealed up, warm, in their garage and forgets about it for a few weeks. They come back around and find it and take a sip. Well, that might not be a problem except it may be infected with e. coli (and almost assuredly it will), various other bacteria and if the environment in the bucket became anaerobic, botulism. Do you want to pay for the medical expenses -- out of your own pocket? Although extreme, you could consider the more likely situation that somebody takes your bucket of wort in the car, the lid pops off and floods their car with sticky liquid that will take hours of detailing to remove. Again, want to pay for all that?



I'm not saying that there may not be a way to do what you are looking at, but you can't just think you've found a secret loophole in the law to exploit and there aren't consequences or other considerations.

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Old 01-14-2011, 04:29 AM   #20
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Even if you found a way to make it all legal, I can't see to many people going for it.

Buy 5 gallons of liquid, then have to keep it sanitary and at proper temp for weeks and then go through bottling and carbonation and then wait weeks more for the beer?

99.9% of people would rather just go and buy beer.

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