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Home Brew Forums > Home Brewing Beer > General Beer Discussion > US Law: 100 Gallons of Homebrew Per Year - Fines?
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Old 07-14-2012, 01:08 AM   #1
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Default US Law: 100 Gallons of Homebrew Per Year - Fines?

via: http://en.wikipedia.org/wiki/Homebrewing

Individual states remain free to restrict or prohibit the manufacture of beer, mead, hard cider, wine and other fermented alcoholic beverages at home.[18] For example, Ala. Code § 28-1-1 addresses the illegal manufacture of alcoholic beverages in Alabama, and no other provision of Alabama law provides an exception for personal use brewing.
However, most states permit homebrewing, allowing 100 gallons of beer per adult per year and up to a maximum of 200 gallons per household annually when there are two or more adults residing in the household.[19] Because alcohol is taxed by the federal government via excise taxes, homebrewers are restricted from selling any beer they brew. This similarly applies in most Western countries. In 1979, President Jimmy Carter signed into law a bill allowing home beers, which was at the time not permitted without paying the excise taxes as a holdover from the prohibition of alcoholic beverages (repealed in 1933).[18] This change also exempted home brewers from posting a "penal bond" (which is currently $1000.00) which had the prohibitive effect of economically preventing brewers of small quantities from pursuing their hobby.
A lot of us talk about what we're brewing here. I just did my 7th batch of the year so I'm at 35 gallons so not too bad. I'm wondering, by posting all of our brews here, aren't we sort of giving the evidence to face the fines?

Is any home brewer actually worried about this cap or challenging the US Government to prove it? I'm not asking for legal advice, just curious how people here stand on the matter.
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Old 07-14-2012, 01:13 AM   #2
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Pretty sure I'm very near 100g already this year. I guess it's a good thing I'm married(and Mrs Baggins doesn't like beer).

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Old 07-14-2012, 01:14 AM   #3
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I've thought about this. The way I look at it..... I can say I've brewed 500 gallons a year if I want, but that's just hear-say. They'd still have to prove that I did, either way. There are a tremendous amount of us on this forum, so it would take quite a lot of time to investigate. I doubt if any legal entities would take the time.

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Old 07-14-2012, 01:15 AM   #4
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Originally Posted by MaddBaggins View Post
Pretty sure I'm very near 100g already this year. I guess it's a good thing I'm married(and Mrs Baggins doesn't like beer).
You're allowed 100 gallons per adult (up to 200 gallons max per household) in each household, so you still got another 100 to go!
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Old 07-14-2012, 01:17 AM   #5
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Quote:
Originally Posted by Stauffbier View Post
You're allowed 100 gallons per adult (up to 200 gallons max per household) in each household, so you still got another 100 to go!


I know, right?
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Old 07-14-2012, 01:24 AM   #6
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Don't worry...we'll just get someone to change the wikipedia page. ::grabs screwdriver::

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Old 07-14-2012, 01:35 AM   #7
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there are laws in most states still on the books that prohibit certain intamate relations or acts between a husband and wife, point being that if it doesn't cause any problems or hurt anyone and is done in the confines of your own home, law or not,does anyone really care?It's one thing to sell homebrew but if you happen to drink more than your 100 gal. of homebrew per year, that's your own business.

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Old 07-14-2012, 01:38 AM   #8
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I'm wondering what the fine is as well, as it would a bunch of research to figure out what an individual member actually brews per year. I kinda thought about it to now that I buy my bulk in grain, but I guess I could always say I make nothing but barley wines and use the whole sack for 6 gallons, with ****ty efficiency lol

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Old 07-14-2012, 01:50 AM   #9
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I'm wondering what the fine is as well, as it would a bunch of research to figure out what an individual member actually brews per year. I kinda thought about it to now that I buy my bulk in grain, but I guess I could always say I make nothing but barley wines and use the whole sack for 6 gallons, with ****ty efficiency lol
I use all of the bulk grains I buy for baking, cooking, and making unfermented malt beverages!
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Old 07-14-2012, 02:01 AM   #10
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Is any home brewer actually worried about this cap or challenging the US Government to prove it?
The burden of proof is on the State, not the accused. They have to prove you did. You don't have to prove you didn't.

As for me, I brew 100.5 gallons of beer every year, run a 300-watt power amp on my CB, and I regularly travel the Interstate highway system at speeds well in excess of 100 miles per hour. All of these statements, of course, are dramatized embellishments and completely untrue.

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