Home brewing and the law

Yakima 728
Homebrew Talk - Beer, Wine, Mead, & Cider Brewing Discussion Forum

Help Support Homebrew Talk - Beer, Wine, Mead, & Cider Brewing Discussion Forum:

This site may earn a commission from merchant affiliate links, including eBay, Amazon, and others.
K

kewlio250

Well-Known Member
Joined
Mar 21, 2012
Messages
138
Reaction score
2
Location
temecula
(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.


US law

how would the government be keeping tabs on how many gallons you brew?
provided you dont have over 100 gallons of bottled homebrew just laying around.
 
It's not really an enforceable law. The only way I could even imagine it would be enforceable is if someone complained and they raided your house and snagged your brew logs. Other than that, there's nothing illegal (to my knowledge) about possessing 400 gallons of homebrew... As long as you didn't brew more than 200G/100G in a year.
 
veritas524 said:
It's not really an enforceable law. The only way I could even imagine it would be enforceable is if someone complained and they raided your house and snagged your brew logs. Other than that, there's nothing illegal (to my knowledge) about possessing 400 gallons of homebrew... As long as you didn't brew more than 200G/100G in a year.
Click to expand...

good point, it seemed like a moot law to me, even with brew logs, i dont think they can do anything
 
also does US account for hard cider? here is the definition beer as per US law:

Beer. Beer, ale, porter, stout, and other similar fermented beverages (including saké and similar products) of any name or description containing one-half of one percent or more of alcohol by volume, brewed or produced from malt, wholly or in part, or from any substitute for malt. Standards for the production of beer appear in §25.15.
 
If you ever got caught, unless you have over 100 gallons fermenting at one time you're fine.
 
I've actually know of someone getting busted brewing over the limit. The ATF had been monitoring his grain purchases (why I don't know, but he must have done something to tip/piss them off) and raided his house based on the hundreds of pounds of grain he was buying. He had his limit kegged, bottled was close to 50 gal. Confiscated everything, from unused bottle caps to his keezer, to his sculpture. The fines were outrageous enough that he quit brewing and moved. I don't think it helped that he had a full bar in his garage that was regularly open for all to see... This was in nor cal by the way.
 
I'm willing to bet, that the 'full bar' in the garage caused quite the commotion in the neighborhood, and that there was money changing hands.
 
Domer said:
I've actually know of someone getting busted brewing over the limit. The ATF had been monitoring his grain purchases (why I don't know, but he must have done something to tip/piss them off) and raided his house based on the hundreds of pounds of grain he was buying. He had his limit kegged, bottled was close to 50 gal. Confiscated everything, from unused bottle caps to his keezer, to his sculpture. The fines were outrageous enough that he quit brewing and moved. I don't think it helped that he had a full bar in his garage that was regularly open for all to see... This was in nor cal by the way.
Click to expand...


Yeah, I call shenanigans on this one. It's a "I knew a guy who knew a guy.." kinda story. Why would they be monitoring his grain purchases?? I think the ATF have bigger fish to fry in California than some homebrewer. cough*shenanigans*cough
 
I don't know whether I believe the story either but it's definitely possible. Guy has bar in his garage and people pay for drinks or "tip" for free drinks. He's too obvious about it, word passes around to the fuzz. They contact the state ABC who finds out he's homebrewing and taking cash on it, tells the TTB. Between the back taxes for fed and state plus penalties, that could be some serious cash owed.
 
ReverseApacheMaster said:
I don't know whether I believe the story either but it's definitely possible. Guy has bar in his garage and people pay for drinks or "tip" for free drinks. He's too obvious about it, word passes around to the fuzz. They contact the state ABC who finds out he's homebrewing and taking cash on it, tells the TTB. Between the back taxes for fed and state plus penalties, that could be some serious cash owed.
Click to expand...

This^ And if the grain purchases were that high after the tipoff, they prolly were investigating for an illegal still as well. "With that much grain, how much sugar is he buying?"
 
Domer said:
I've actually know of someone getting busted brewing over the limit. The ATF had been monitoring his grain purchases (why I don't know, but he must have done something to tip/piss them off) and raided his house based on the hundreds of pounds of grain he was buying. He had his limit kegged, bottled was close to 50 gal. Confiscated everything, from unused bottle caps to his keezer, to his sculpture. The fines were outrageous enough that he quit brewing and moved. I don't think it helped that he had a full bar in his garage that was regularly open for all to see... This was in nor cal by the way.
Click to expand...

Sorry I am calling BS!! This would have made the papers...or at least a forum somewhere. Nobody is monitoring grain purchases. Now if he was running a bar out of his garage MAYBE the local authorities would deal with him. Even that though is a stretch.
 
In reality, how many of us will ever really get near the 200 gallon limit? At 5 gallons a batch, I would have to brew a batch nearly every week. I am sure some of you brew that often/much, but I usually only brew every few weeks to once a month or so. (I am the only beer drinker in the household, and am not interested in trying to drink 5 gallons of beer a week!) I doubt I will see 100 gallons this year, much less 200!
 
so anyways, good thing i dont brew alcohol, then the feds would have to monitor my grain purchases
*cough*

on a more serious note, is it illegal to take a donation towards brewing funds?

EDIT:
and im in socal, so the legislation here is ridiculous!
 
It also doesn't make sense from a legal standpoint. ATF has to prove in Federal Court that all the beer that was confiscated was indeed brewed by the defendant in a calendar year. The law only deals with production and NOT possession. You can have over 200 gallons in possession...you just can't brew more than 200 gallons a calendar year. Good luck to the Federal Prosecutor trying to prove that beyond a reasonable doubt!! Not worth their time or trouble.
 
563411_410370855644360_100000143473677_1764194_252967892_n.jpg
We have to many darn laws now!

http://a6.sphotos.ak.fbcdn.net/hphotos-ak-prn1/563411_410370855644360_100000143473677_1764194_252967892_n.jpg
 
I'd say that story is complete bullschist! Monitoring his grain purchases, indeed. Next thing you know, you'll get fined for not having health insurance! :D
 
Stauffbier said:
I believe it is indeed illegal.
Click to expand...

I think it depends on how and when the donations are taken. While drinking.. Probably illegal. While brewing? Iffy. On the way the the brew shop? I think your fine because at that point they are helping pay for grain.
 
Draken said:
I think it depends on how and when the donations are taken. While drinking.. Probably illegal. While brewing? Iffy. On the way the the brew shop? I think your fine because at that point they are helping pay for grain.
Click to expand...

hmmm what if its a tip for any food provided?

do people tip for assorted nuts?
 
Who really cares? If it's not moonshine in the middle of the woods, I highly doubt you get so much as looked at. Hell, I brew in a state where ALL homebrewing is illegal and I tell anyone willing to listen to me, that I brew.
 
Phunhog said:
It also doesn't make sense from a legal standpoint. ATF has to prove in Federal Court that all the beer that was confiscated was indeed brewed by the defendant in a calendar year. The law only deals with production and NOT possession. You can have over 200 gallons in possession...you just can't brew more than 200 gallons a calendar year. Good luck to the Federal Prosecutor trying to prove that beyond a reasonable doubt!! Not worth their time or trouble.
Click to expand...

This.
 
You guys almost sound like you believe in the United States legal system saying this and that aren't possible. They can do whatever they want.
 
I am not saying that they can't get a warrant, arrest and charge someone. Is it right? Is it legal? Are they going to do it anyway if you piss them off?

Shut up and lawyer up.
 
If you get pinched for having more than 200 gallons of brew laying around your house it is a sure sign you need more friends to come over and help reduce your stock.

Although I guess you could argue you are a "Doomsday Prepper" getting ready for the end of civilization......which by the way is just another sign you probably need to get out and make some more friends :drunk:
 
GrantH said:
Who really cares? If it's not moonshine in the middle of the woods, I highly doubt you get so much as looked at. Hell, I brew in a state where ALL homebrewing is illegal and I tell anyone willing to listen to me, that I brew.
Click to expand...

What state would that be?
 

Similar threads

jrgtr42
West Virgina Home Distillation
Replies
2
Views
348
smcinco
S
M
For Sale Water Distiller, 50 gallon
Replies
0
Views
344
MichelleC
M
HBT_Admin
  • Locked
Spring 2024 Corny Keg Giveaway
9 10 11
Replies
417
Views
8K
HBT_Admin
HBT_Admin
CurtHagenlocher
For Sale FREE - All my stuff for local pickup in Seattle area
Replies
6
Views
707
Climb
Climb
HBT_Admin
  • Locked
Summer 2023 Corny Keg "Giveaway
5 6 7
Replies
264
Views
12K
HBT_Admin
HBT_Admin

Latest posts

Back
Top