New homebrew laws in Wisconsin

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Grinder12000

Grinder12000

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Fitz's addendum. Pathetic.

You must file for a permit to brew at home

They will limit homebrew events to licensed establishments to 2 times per year, that includes meetings, and no contest prizes for competitions.

The amount of home brew will be limited to 100 gallons per year.


The department shall promulgate rules and forms necessary to protect the public health and safety as it relates to homemade wine and fermented malt beverages and home maker’s events including the development of a form that can be used to collect data in connection with any homemade wine or fermented malt beverages available at a home maker’s event including a person’s name and contact information, date(s) of manufacturing, amount provided at the home maker’s event and a certification that the person has not manufactured more than 100 gallons during a calendar year.
 
I don't see myself moving to Wisconsin now.

(never did before, but now I have an excuse)

I hope that this does not pass, what a bunch of crap.
 
Wisconsin must be a crappy state to live in. I own an old military Jeep truck (M715) and the sites I go on concerning that always seem to have threads about Wisconisin gov't tryin to limit military vehicle ownership and whatnot. Now homebrewing too? The must have a strong anti-hobby lobby. Less fun, more cheese!
 
Dude:

I think you got it backwrds. From All About Beer Magazine, from 3 days ago. Sounds like big beer is trying to muddy the waters, IMHO.

"The bill was introduced after the state’s Department of Revenue determined in 2011 that current law prohibits brewers from transporting a homemade beverage outside their residences. It suddenly made the normal practice of local brew tasting events and competitions illegal, despite taking place for several years.

The bill would allow brewers to transport their homemade beer and wine, and allow them to make it outside their home. It would also exempt them from permit requirements and taxes. They’re limited in how much they can brew every year, which would be 100 gallons for one person in a household or 200 gallons for two people in a household. As with current law, brewers cannot sell any beverage they make.

But representatives with the Wisconsin Beer Distributors Association and the Wisconsin Wine and Spirit Institute argued against the bill,
Rep. Dean Kaufert, R-Neenah, who helped introduce the bill, said the legislation is common sense and not aimed at illegal business activity.

“I was a little surprised that all of a sudden all these groups were having a problem with it,” he said. “The intent of this is for the little guy to share some beer among friends. I sense the big guys are trying to blow it out of proportion and create scenarios to try to get people riled up. Suddenly, it’s become David vs. Goliath.”
 
You know this cam up a few years ago pushed by the democrats. They actually wanted you to keep a log of how much and tax it. I can see b microbreweries pushing the event thing. Who knows why this is being pushed and by who on the outside but most likely some religious group. Tim
 
Lets get the facts straight. The is no new law to restrict homebrewing. For some reason the Wisconsin Department of Revenue reinterpreted existing law making homebrew transportation and competitions illegal. It is Republican State Sen. Michael Ellis who has introduced a bill to put things back the way they were before and protect hombrewing in Wisconsin.

http://allaboutbeer.com/daily-pint/whats-brewing/2012/02/wisconsin-homebrew-laws-heat-up/

http://www.greenbaypressgazette.com...e-could-take-up-Wisconsin-homebrew-bill-today
 
No no - There is more they are sneaking in now as - I can't upload the attachment but. This goes INTO your Bill

Homemade Wine and Beer Substitute Amendment

Objectives:

• Create a new statute regulating homemade wine and fermented malt beverages.

• Continue to require homemade wine and fermented malt beverages to be manufactured at a home, farm or place of residence with an exception if the beverages are made in an instructional setting and incidental to an educational purpose.

• Subject homemade wine and fermented malt beverages to an annual limit of no more than 100 gallons person, per calendar year with a 200 gallon maximum, per household.

• Permit homemade wine and fermented malt beverages to be transported to and consumed at other homes, farms or places of residence if the wine or fermented malt beverages are to be consumed by the owner of the home, his or her family and guests.

• Permit homemade wine or fermented malt beverages to be transported to and consumed at home maker’s events held on licensed premises.

• Permit home maker’s events to be held at “Class B” (homemade wine) or Class “B” (fermented malt beverages) licensed premises provided that no more than two home maker’s event per calendar year can be held per licensed premise.

• Permit storage of homemade wine or fermented malt beverages on licensed premises for no more than 24 hours before or after a home maker’s event.

• Require that any individual providing wine or fermented malt beverages for a home maker’s event complete and then file a form that is developed by the Department of Revenue and includes information that the Department believes is necessary to address any concerns on public health and safety, including the individual’s name, contact information, dates of production, amount provided to the home maker’s event and a certification that the individual has not produced more than 100 gallons during that calendar year.

• Make clear that homemade wine or fermented malt beverages may not be made for a commercial purpose including that:

• the person who makes the wine or fermented malt beverages may not receive any compensation;

• compensation includes cash and noncash prize to any individual who makes homemade wine or fermented malt beverages and prohibit anything of value from being provided to these individuals for the use of their homemade wine or fermented malt beverages; and,

• homemade wine or fermented malt beverages may not be sold or offered for sale but a licensed retailer may charge an admission fee to attend a home maker’s event.

125.20 of the statutes is created to read:

125.20 Homemade wine or fermented malt beverages.

(1) DEFINITIONS. In this section:

(a) “Homemade” with respect to making of wine and fermented malt beverages, means wine and fermented malt beverages made by a person’s own efforts, not for a commercial purpose and by any person at his or her home, farm or other place of residence.

(b) “Home maker’s event” means an exhibition, demonstration, judging, tasting, or sampling or as part of a contest or competition where homemade wine or fermented malt beverages are made available for consumption.

(2) AUTHORIZED ACTIVITIES OF PERSONS MANUFACTURING HOMEMADE WINE AND FERMENTED MALT BEVERAGES.

(a) A person of legal drinking age may manufacture up to 100 gallons of homemade wine or fermented malt beverages in a calendar year provided that no more than 200 gallons of homemade wine and fermented malt beverages may be manufactured per household, per calendar year.

(b) Homemade wine and fermented malt beverages may be consumed by the person who made it or his or her family and guests.

(c) Homemade wine and fermented malt beverages may be transported to and consumed at home maker’s events.

(3) HOME MAKER’S EVENTS.

(a) All home maker’s events must be held on a licensed or permitted premise.

(b) A Class “B” or “Class B” licensee, brewer, brewpub or winery under this chapter, may conduct, sponsor, or host on its licensed or permitted premises, a home maker’s event provided that no more than two home maker’s events in a calendar year may held at a single premise.

(c) A licensee or permittee may allow for the homemade wine or fermented malt beverages to be stored on the premises but for no more than 24 hours before and after such an event and only if the homemade wine or fermented malt beverages are clearly identified and kept separate from any other alcohol beverages owned by the licensee or permittee.

(d) Prior to participating in a home maker’s event, any person providing homemade wine or fermented malt beverages must complete and file a form developed by the department, including a certification that the person has abided by the annual gallonage limits in sub par (2)(a).

(e) A licensee or permittee may charge an admission fee for a home maker’s event but may not share any of the proceeds with any person providing the home made wine or fermented malt beverages for the event.

(4) WINE OR FERMENTED MALT BEVERAGES MADE FOR EDUCATIONAL PURPOSES.

Notwithstanding sub par (1)(a), the manufacture of wine or fermented malt beverages for educational purposes of teaching individuals how to make homemade wine or fermented malt beverages may occur in a location conducive to instruction provided that attendance is limited to those receiving instruction and the wine or fermented malt beverages are not sold or offered for sale.

(5) PROHIBITED ACTIVITIES.

(a) Homemade wine or fermented malt beverages may not be sold or offered for sale.

(b) A person who makes homemade wine or fermented malt beverages shall not be compensated in any manner for the use or consumption of his or her homemade wine or fermented malt beverages.

(c) At a home maker’s event, no prizes or anything of value may be awarded or otherwise provided to a person who is a maker of homemade wine or fermented malt beverages.

(6) DEPARTMENT OVERSIGHT.

The department shall promulgate rules and forms necessary to protect the public health and safety as it relates to homemade wine and fermented malt beverages and home maker’s events including the development of a form that can be used to collect data in connection with any homemade wine or fermented malt beverages available at a home maker’s event including a person’s name and contact information, date(s) of manufacturing, amount provided at the home maker’s event and a certification that the person has not manufactured more than 100 gallons during a calendar year.
 
Grinder12000 said:
• Require that any individual providing wine or fermented malt beverages for a home maker’s event complete and then file a form that is developed by the Department of Revenue and includes information that the Department believes is necessary to address any concerns on public health and safety, including the individual’s name, contact information, dates of production, amount provided to the home maker’s event and a certification that the individual has not produced more than 100 gallons during that calendar year.
Click to expand...

yikes.
 
I would like all those rules be even more broad, but the fact remains that transportation and competitions are illegal right now. At least this law allows it again.

There is no permit need. They mean the law permits or allows home brewing.

The 100gal per person or 200 per house hold is standard.

Events only twice per year sucks, but right now it is zero.

Homebrew clubs are testifying in favor. I would think you would support this to.
 
motobrewer said:
Grinder12000 said:
• Require that any individual providing wine or fermented malt beverages for a home maker’s event complete and then file a form that is developed by the Department of Revenue and includes information that the Department believes is necessary to address any concerns on public health and safety, including the individual’s name, contact information, dates of production, amount provided to the home maker’s event and a certification that the individual has not produced more than 100 gallons during that calendar year.
Click to expand...

yikes.
Click to expand...

Agreed this one is scary, but again right now now competition and events are illegal. Better to have to fill out a form then have no event at all. Grinder12000 call your representative and ask this clause to be removed.
 
I think the reason for the form is so that they can keep track of who brought what in the case anyone gets sick from a bad brew. It probably won't happen, but they're covering their butts. I can't blame them for trying to avoid lawsuits.

As has been said, right now it's illegal all together. I just started into homebrewing. I can't figure out why this law would be a bad thing, as of yet. It's not overly restricting, nor really broad. And it's obvious in its intent. I say pass it.
 
fifelee said:
I would like all those rules be even more broad, but the fact remains that transportation and competitions are illegal right now. At least this law allows it again. You are right that transportation is technically illegal now however the only right we wanted was to be able to legally do what has not been an issue or problem in the past. No more no less.

There is no permit need. They mean the law permits or allows home brewing. Agreed

The 100gal per person or 200 per house hold is standard. Agreed. this has been the law, we are not seeking a change here.

Events only twice per year sucks, but right now it is zero. Agreed but this will put a major damper on current activities. As an active member of two homebrew clubs I cannot imagine the impact that it will have on those clubs as both clubs currently meet, with proprietor permission, on licensed premises. I cannot in my pea sized little brain see how this truly affects anything other than the fact that the major opposing group here is the Wisconsin Tavern League, and THEY managed to get it written in that now they can hold events and profit from the homebrewers' efforts. Money is the major and only driving force of the WTL in this situation. Proof can be had in the fact that their major argument against the original legislation dealt with distilling activities in India.

Homebrew clubs are testifying in favor. I would think you would support this to. We were in favor of the original legislation prior to being influenced by the WTL.
Click to expand...

VP - Sun Prairie Wort Hogs
 
Rottnme said:
VP - Sun Prairie Wort Hogs
Click to expand...

Great comments. I feel for you guys. I hope someday government is shrunk so small homebrewing is the last thing they have time to bother with. Keep up the fight to get the stupid clauses removed. Hopefully you don't have to decide between a restrictive law and leaving it as is with no events or transportation.
 
Obviously by the way the Dept. of Revenue acted prior to the bill being introduced there was a clean plan to make homebrewers chose between no activity and very restricted activity. Sounds like monied interests going out of control.

It's almost entertaining. Whoever is behind the push lobbied the DOR to reinterpret the rules then the legislator can come in and introduce his bill as "relieving" government regulation.
 
MrSpiffy said:
I think the reason for the form is so that they can keep track of who brought what in the case anyone gets sick from a bad brew. It probably won't happen, but they're covering their butts. I can't blame them for trying to avoid lawsuits.

As has been said, right now it's illegal all together. I just started into homebrewing. I can't figure out why this law would be a bad thing, as of yet. It's not overly restricting, nor really broad. And it's obvious in its intent. I say pass it.
Click to expand...

So you just started brewing, yet you cant figure out why the law is a bad thing and its not overly restricting.

1. Nobody gets sick from bad beer. Nobody. Too much beer, yeah definitely, but pathogens do not live in beer. Infected beer tastes bad, but it won't make you sick. Now the potato salad or deviled eggs at the summer picnic can give you a serious case of the "I need a doctor bad because I am spewing the entire liquid content of my body out of my behind." Yes... lurking right there, under our noses, and way more dangerous than your beer. Yet no permits for home-made food, no ingredients, no born on date, nothing, but hey maybe the government should regulate that too. I am not poking fun at you on this, but the laughable thing about this is supposedly, the Wisconsin Tavern league, the keepers of the public health, are worried about the health of us "home-makers" of beer and wine and our victims. Which brings me to your next point;
2. Protection from lawsuits. Really, who is suing who and who is doing the protecting? Who is covering "their butts", certainly not the originators of the bill. This amendment is being pushed apparently by the WTL and the Distributors, both with vested interests in you buying their product instead of you getting it on the sly, from a pot in your kitchen.
3. This is Restrictive. Hey, whats the big point right? Well, many club members actually have clubs that meet at public establishments. This has been going on for a lot of clubs for a long time. This ends here. So for my club, bingo! The proprietor of the establishment allows us two events. No more club meetings (than 2). Further, the law guts a long standing tradition of homebrewing competitions. In the good old days, you could win a medal, or a trophy, and sometimes a gift card, t-shirt or even homebrewing gear. Somehow, they are construing that by a homebrewer entering a contest, and maybe winning a prize, is tantamount to receiving compensation, really??? If This may not seem restrictive to you right? But it sure does to me.

The bottom line is that the current law is IMHO, a "blue law". Nobody paid it much attention until the DOR got ahold of it. Even then, they admitted that it's up to the municipalities to enforce these laws (funny, I know cops that homebrew, and transport). They really have better things to do than go looking for us homebrewers sneaking around trying to upset the "3-tiered system". The original bill's scope was to follow the existing federal guidelines (which are less restrictive then what is proposed here), allow us to transport our brew, serve it at fests (for free of course), meet at establishments with the owners consent (kind've like we are doing now) and allow us to organize and take part in homebrewing competition (where you know, you could win, and get a medal, and maybe some swag).

Cheers,

Jeff Scanlan, President
Sun Prairie Wort Hogs
 
Wow what a tangled mess. Are you saying it is better to leave things as is where it is illegal but the locals likely won't enforce? Is that better then a restrictive law that makes things legal? Maybe reject this law hoping the locals don't enforce and go for a better law later?

Didn't I see the AHA is supporting the law? Maybe they supported the original law before the Tavern association added junk?

As the pres of a club what do you suggest? I am out of state but would gladly send some letters.
 
HOLD ON EVERYONE.......
Where did the info about only 2 meeting and needing to fill out form come from? I just read the house and senate bills and nothing is mentioned about meeting restrictions and filling out forms. They only talk about how homebrewers are exempt from all regulations/tax as long as they don't sell and stay under 200gal.

https://docs.legis.wisconsin.gov/2011/proposals/sb395
https://docs.legis.wisconsin.gov/2011/proposals/ab521

Also this other thread is supporting the law. Nowhere are any stupid restrictions mentioned.
https://www.homebrewtalk.com/f14/attention-wisconsin-brewers-292578/

I think there is some bad info with a political bend going around this thread.
 
JonGrafto = Fitz is the author!!!!

This is an amendment to the proposed bill - I have printed the actual document (I have friends on the inside -)

Homemade Wine and Beer Substitute Amendmen
 
fifelee said:
Agreed this one is scary, but again right now now competition and events are illegal. Better to have to fill out a form then have no event at all. Grinder12000 call your representative and ask this clause to be removed.
Click to expand...

yeah, competitions have been shown as illegal....

yet the state fair comp went on as normal this year.....
 
From what I read, it seemed like the WI beer distributors were driving the movement to preserve WI restrictions on homebrewing. Let's keep in mind that beer distributors have a special legal status, with our 3-tier system which is mandated by law and gives some enviable advantages in the market (i.e. territorial exclusivity). As a result of this special legal status, they have an interest in defending their advantaged position and the cash to defend it with. So, they paint unregulated alcohol as dangerous, and position themselves as the group that holds the line against underage drinking and other alcohol-related-issues...whether they are or not is up for debate.

More on my blog: http://homebrewedtriathlete.tumblr....istributors-driving-homebrew-legislation-spat

  • If you live in WI, contact your state representative: http://legis.wisconsin.gov/w3asp/waml/waml.aspx
  • If you do business with Northern Brewer, contact them (they have a store in WI) and ask what they're doing about it.
  • And if this concerns you and you're an AHA member, contact them too.
 
I believe that the "changes" mentioned in this thread is wording the WTL and opposition would LIKE to see changed/added. Sen Ellis has already stated previously if the wording was changed they would loose sponsors and gain MORE opposition. To me this sounds like they are trying to push this through "as is".

I am not going to get worked up until I get an update from my people in Madison who are working on this.
 
Grinder12000 said:
JonGrafto = Fitz is the author!!!!

This is an amendment to the proposed bill - I have printed the actual document (I have friends on the inside -)

Homemade Wine and Beer Substitute Amendmen
Click to expand...

Grinder - I am not seeing anything where it show Fitzgerald is the author.

Senate Bill 395 -
January 20, 2012 - Introduced by Senators Ellis, Lazich, Harsdorf, Wanggaard, Kedzie and Grothman, cosponsored by Representatives Kaufert, Kooyenga, Brooks, Pasch, Kestell, Wynn, Thiesfeldt, Pocan, Pridemore, Spanbauer, C. Taylor, Van Roy, Honadel and Bernard Schaber. Referred to Committee on Energy, Biotechnology, and Consumer Protection.

Assembly Bill 521
February 2, 2012 - Introduced by Representatives Kaufert, Kooyenga, Brooks, Pasch, Kestell, Wynn, Thiesfeldt, Pocan, Pridemore, Spanbauer, C. Taylor, Van Roy, Honadel, Bernard Schaber and Litjens, cosponsored by Senators Ellis, Lazich, Harsdorf, Wanggaard, Kedzie and Grothman. Referred to Committee on Homeland Security and State Affairs.
 
Discussion on the Madison Homebrewers and Tasters Guild email list does indeed verify that Fitzgerald is working on such an amendment at the behest of the Tavern League of WI.
 
OH - without a doubt I have a slant against Fitzgerald truth be told on that one - the guy is a slimy hypocritical

Of course the WIHBA could be making this all up but maybe not - we shall see.

From WIHBA "At the behest of the Tavern League, Sen. Fitzgerald is going to be introducing an amendment to the effect of the attached. The actual legislation is being drawn up now. We will not see it until tomorrow morning. It should be noted that Ellis just got this and has not had a chance to look at it (neither have I). We are still voting tomorrow."

And part of the email string

I’m having this drafted. Once I have stripes, I’ll share. (I have no idea what that means).

Rob Richard
Office of Senator Scott Fitzgerald
Senate Majority Leader


NOTE - if I am wrong I apologize, just relaying a number of emails I received on this. Wisconsin is pretty pumped up politically on all the scum running our government lately (like for the last 30 years). Only ILL is more crooked! But let's not get political - this is about beer . . not politics!!
 
Yes that should have been your first post. Your lack of clarity has created all the disinformation on this thread, so much so I don't really believe anything you say.

Grinder12000 said:
But let's not get political - this is about beer . . not politics!!
Click to expand...

HAHA funny man. From your first post you made this about politics. What a joke. I am unsubscribing from this thread.
 
As reported!!

Good news regarding SB 395 in the Senate! The amendment was killed in caucus and will not be introduced. They are going to try for a voice vote. Please keep up the pressure and contact your Senator if you haven't already."
 
This is a non-political issue with heavy support from both sides of the isle. That was my initial issue with the line this thread was on. Thank you the Grinder for backing up his claims with facts and removing the political undertones.

We should all be thankful for one non-political piece of government or legislates are working on. Goodness knows they have tried to politicize everything else.
 
Did I? I thought I was spiraling out of control there for a bit. :cross:

I try to stay in the middle but sometimes . . . . . . .
 
Boerderij_Kabouter said:
This is a non-political issue with heavy support from both sides of the isle. That was my initial issue with the line this thread was on. Thank you the Grinder for backing up his claims with facts and removing the political undertones.

We should all be thankful for one non-political piece of government or legislates are working on. Goodness knows they have tried to politicize everything else.
Click to expand...

Let me say Ditto. And, specifically thank you Grinder as well for clarifying the claims and getting back to beer and away from non-associated politics!

Jaz
 

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