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Old 02-04-2013, 04:26 PM   #31
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Let's restate the legality of selling Homebrew: It is illegal.

It is illegal to trade, barter, swap, etc. ad nauseum.

There is no way around it that the court will allow.

Selling your homebrew gives the rest of us a bad image. We don't need that. What we could use is to join or contribute to the AHA and/or lobby your legislature to allowing it in the future. This tactic has been slowly getting the last few states to allow homebrewing and increasing the restraints on a lot of other states as well.

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Old 02-04-2013, 04:38 PM   #32
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i understand it's illegal so no worries

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Old 02-04-2013, 05:43 PM   #33
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sorry, didn't mean to jump on your case. just that suggesting ways around it doesn't help

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Old 02-04-2013, 06:02 PM   #34
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ya i understand, its ok. i agree i probably shouldn't have suggested anything.

However, maybe it differs by state, but I was under the impression that (federally) it is only illegal to sell the beer and the law doesn't mention anything about trading, swaping, etc...

United States Code of Federal Regulations Title 27, Part 25, Subpart L, Section 25.205 and Section 25.206
Beer For Personal or Family Use

§ 25.205 Production.

(a) Any adult may produce beer, without payment of tax, for personal or family use and not for sale. An adult is any individual who is 18 years of age or older. If the locality in which the household is located requires a greater minimum age for the sale of beer to individuals, the adult shall be that age before commencing the production of beer. This exemption does not authorize the production of beer for use contrary to State or local law.

(b) The production of beer per household, without payment of tax, for personal or family use may not exceed:

(1) 200 gallons per calendar year if there are two or more adults residing in the household, or

(2) 100 gallons per calendar year if there is only one adult residing in the household.

(c) Partnerships except as provided in §25.207, corporations or associations may not produce beer, without payment of tax, for personal or family use.

§ 25.206 Removal of beer.

Beer made under §25.205 may be removed from the premises where made for personal or family use including use at organized affairs, exhibitions or competitions such as homemaker's contests, tastings or judging. Beer removed under this section may not be sold or offered for sale.


I guess "sold or offered for sale" could be broadened to include that though.

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Old 02-04-2013, 08:27 PM   #35
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Never mind

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Old 02-04-2013, 09:06 PM   #36
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OK, I am not trying to piss people off so sorry if I am bringing that up. This has got me more curious now though which is why I threw up my last post. I for one do not intend to ever sell homebrew. Just wanted to make that clear.

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Old 02-04-2013, 09:29 PM   #37
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Quote:
Originally Posted by Hopper5000 View Post
The only way I have heard about getting around the selling part is if you per say throw a party and do it that way. Instead of calling it a party you would call it a beer judging event and all judges would ahve to pay an entry fee to judge. Although if it really came down to it that probably wouldn't hold up in court.
Actually there was an event in San Francisco that did that!! It was wildly successful....sometimes they would have 500 attendees. They were using the competition loophole.....everyone was a judge and got to vote for their favorite beer. I guess the ABC got involved and they said that a judging panel had to be of reasonable size (5-7 people). Of course they pulled that one out of their arse...no where in the text of the law does it stipulate the number of judges allowed.
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Old 02-04-2013, 10:08 PM   #38
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Quote:
Originally Posted by Phunhog View Post
Actually there was an event in San Francisco that did that!! It was wildly successful....sometimes they would have 500 attendees. They were using the competition loophole.....everyone was a judge and got to vote for their favorite beer. I guess the ABC got involved and they said that a judging panel had to be of reasonable size (5-7 people). Of course they pulled that one out of their arse...no where in the text of the law does it stipulate the number of judges allowed.
I see, that's quite interesting...
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