Brewer_Bob
Well-Known Member
Every now and then a thread pops up here by someone trying to figure out a way to profit from there homebrew without having to register with the TTB. The poster is usually shot down pretty quick and told he cant get around the law. And then everyone goes back to posting about how much there friends like there beer and who won what in homebrew competitions.
But, to me, it sure looks like the same law that forbids selling your beer also forbids GIVING it to anyone other than family. Is there some sort of case law that I am missing that has clarified this? Lets look at the law.
Of course States can pass stricter laws, but they cant pass laxer ones. So I would like to focus on this particular federal law as it affects most of us on this board. It clearly states for personal and family use. What constitutes personal use? Does giving a brew to your best friend constitute personal use? Does giving a sixer to a colleague constitute personal use. Does entering your beer in a contest where judges will be drinking it constitute personal use?
I must be missing something because people ARENT being prosecuted for these things. The police arent storming homebrew competitions. Has there been further legislation or case precedent that defines personal use as more than ones own personal consumption?
But, to me, it sure looks like the same law that forbids selling your beer also forbids GIVING it to anyone other than family. Is there some sort of case law that I am missing that has clarified this? Lets look at the law.
Sec. 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 Sec. 25.207, corporations or associations may not produce beer, without payment of tax, for personal or family use.
(Sec. 201, Pub. L. 85-859, 72 Stat. 1334, as amended (26 U.S.C. 5053))
Of course States can pass stricter laws, but they cant pass laxer ones. So I would like to focus on this particular federal law as it affects most of us on this board. It clearly states for personal and family use. What constitutes personal use? Does giving a brew to your best friend constitute personal use? Does giving a sixer to a colleague constitute personal use. Does entering your beer in a contest where judges will be drinking it constitute personal use?
I must be missing something because people ARENT being prosecuted for these things. The police arent storming homebrew competitions. Has there been further legislation or case precedent that defines personal use as more than ones own personal consumption?