I want to sell my home brew!

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sifer16

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Does anyone know how I get this done here in CA? I understand the 3 tier system, but think there has got to be a way. I'm only looking at approx 1 barrel a year production, and I'm not looking to even turn a profit it would be more of a hobby than anything else. Anyone have any thoughts? How can I get this done?
Please help!
 
Well your going to need to get paperwork from the atf the your local abc, then an approved plan by your helth dept.. your looking at 8-12 mos just in paperwork and waiting. When you have to deal with the whole alphabet soup things take forever
 
I'm not out there in CA, but my understanding is that it is pretty much the same basic idea everywhere. You cannot legally sell homebrew. If you want to sell beer you brew you must be properly licensed as a brewery. At that point it is not homebrew (because you cannot operate a brewery out of your home). It's not really something you can do as a hobby.
 
I think that it would cost you more money that it would be worth. Plus you have to have everything inspected and that in itself can just be a pain.

Welcome to the board!
 
Oh my thank you everyone for the help. Thank you Gear101 for the welcome as well. I guess I don't mind spending the time to become a "brewery" or a "nano-brewery". I look at it as a potential project or fun for me (I know probably weird). My only concern is being forced to maintain a minimum capability that is well above my financial ability, and well over what I would ever use. Don't mind the regulation (i say that now :) ) just wondering if a 1000 gallon nano-brewery is legal.
Thx Revvy for the link!
 
Sorry thinking more like 1000 gallons (which I realize isn't much more)
 
I love these threads!

Can you send me a sample of your beer? I'd love to try the next best thing out there in CA!
 
I've written several marketing and business plans for nanobreweries in the past year. You can't sell beer from home in CA and the cost for opening a small nanobrewery is usually around $20k-$50k. And this includes the average cost for permits and license which is about $2,300. And as far as waiting to be approved, this is something that is becoming more of a myth since legislation is really starting to recognize craft brewing as a job Creator. It normally takes 3-6months to get approved.

Hit me back if your really interested in this. I really like doing market research and building business plans. Its my other hobbies besides making beer.
 
Since you are in CA check out....https://www.facebook.com/pages/Old-Hangtown-Beer-Works/112091415508385
https://www.facebook.com/pages/Chappell-Brewery/116053911754681
http://www.healdsburgbeerco.com/Hea...mpany_-_Californias_Original_Nanobrewery.html

They are all fully licensed nanobreweries AND they all operate on the property of their principle residence. You can't do it in your residence but you can do it on your property...subject to local zoning laws. Really not that radical of an idea...think of a winery.
 
I don't know if this is legal or not but why not just set up a donation basket for a future brewery and with every ten dollar donation the person gets a free six pack then you see what people like and you earn money to start one
 
I don't know if this is legal or not but why not just set up a donation basket for a future brewery and with every ten dollar donation the person gets a free six pack then you see what people like and you earn money to start one

No, it's certainly not legal. A "donation basket" is selling homebrew, and in some states it's not even legal to give beer away.

There are no loopholes. In order to sell/trade/barter homebrew, you must get a brewery license and be legal.
 
I don't know if this is legal or not but why not just set up a donation basket for a future brewery and with every ten dollar donation the person gets a free six pack then you see what people like and you earn money to start one

*sigh*

Because ANY medium of exchange, either explicit or implicit for homebrew is ILLEGAL...there' s no if and or butts about it. Any little way you think you can circumvent a very simple law....that selling HOMEBREW is illegal.....Is Illegal.

This HOBBY isn't one like knitting, or canning fruit or painting rocks, where you can sell your wares at the local craft fair. You ever hear about a little "experiment" called prohibition? Because of that Alcohol production is one of the most regulated thingsin North America and for moral issues, probably the entire planet. So much so that even the hobby of homebrewing beer, was still illegal in 1976 over 40 years AFTER all the other aspect of prohibition was over turned. And the biggest thing in the phrasing of the law that made it legal (except for the states where it is still illegal) is a little phrase "personal consumation" and it little mention about how selling or trading it or whatever you may think you can get away with, is ILLEGAL....
 
I don't know if this is legal or not but why not just set up a donation basket for a future brewery and with every ten dollar donation the person gets a free six pack then you see what people like and you earn money to start one

Because that is selling homebrew which is against the law
 
I suppose one way you could fund your brewery is to do a Kickstarter campaign. Of course you can not offer beer as a reward for pledging.....it would have to be something else. Once you receive your funding you can give away free beer.........subject to your state law of course.
 
I suppose one way you could fund your brewery is to do a Kickstarter campaign. Of course you can not offer beer as a reward for pledging.....it would have to be something else. Once you receive your funding you can give away free beer.........subject to your state law of course.

Wasn't there a brewery kickstart on here within the last couple of years?
 
Wasn't there a brewery kickstart on here within the last couple of years?

There has been several brewery kickstarters here over the years. I am talking about someone having a Kickstarter campaign to fund their HOMEbrewing. As long as you aren't giving out beer as "rewards" I don't see the problem. You can have various brewing gifts for your supporters...stickers, t-shirts, bottle openers, brew sessions, etc. This way they can support the homebrewery, get a little schwag, and not feel bad when I give them free beer. I give away a lot of beer and won't/can't accept money when people come over for a growler fill. It makes a lot of people uneasy to just get free beer and not reciprocate in someway. Of course even if they didn't donate they would get free beer.
 
Revvy said:
*sigh*

Because ANY medium of exchange, either explicit or implicit for homebrew is ILLEGAL...there' s no if and or butts about it. Any little way you think you can circumvent a very simple law....that selling HOMEBREW is illegal.....Is Illegal.

This HOBBY isn't one like knitting, or canning fruit or painting rocks, where you can sell your wares at the local craft fair. You ever hear about a little "experiment" called prohibition? Because of that Alcohol production is one of the most regulated thingsin North America and for moral issues, probably the entire planet. So much so that even the hobby of homebrewing beer, was still illegal in 1976 over 40 years AFTER all the other aspect of prohibition was over turned. And the biggest thing in the phrasing of the law that made it legal (except for the states where it is still illegal) is a little phrase "personal consumation" and it little mention about how selling or trading it or whatever you may think you can get away with, is ILLEGAL....

I didn't think it would be legal but maybe in the gray area of the law but thank you for informing me and everyone else who had the same idea.
 
I have to wonder if some government agency watches sites and threads like these. I know I have seen a few that people were selling their brew by donation.

Simple thing to do is just dont break the law.
 
I have to wonder if some government agency watches sites and threads like these. I know I have seen a few that people were selling their brew by donation.

Simple thing to do is just dont break the law.

You are right...just don't break the law. However I seriously doubt the government watches sites like these. The "rate of return" is just too low for them to bother. Much easier for them to audit the books of existing, licensed breweries looking for beer that didn't get taxed then to try and find homebrewers who "sell" their beer.
 
You are right...just don't break the law. However I seriously doubt the government watches sites like these. The "rate of return" is just too low for them to bother. Much easier for them to audit the books of existing, licensed breweries looking for beer that didn't get taxed then to try and find homebrewers who "sell" their beer.

That, and the ATF hasn't had a meaningful budget increase in a long time and without a director for 6 years now (thanks NRA!)....I doubt they have the time to look at places like this either.
 
don't need a human to crawl these sites, just need one to release the spiders

(disclosure: I worked for the S&T division at ATF back before 9/11. they are not stupid people working there. well... not anymore)
 
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.
 
Revenuers will still be interested in unreported income

remember... Capone didn't do time for bootlegging, it was for tax evasion

but, you're much smarter than the Taxman and Capone, right?
 
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.
 
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.
 
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.
 
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.
 
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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