beer at farmer's markets

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bosunbrew

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I was wondering if any states allow selling of beer at farmer's markets? I heard of a potential law that, I think, got shot down in MA that would have allowed wine/beer to be sold at the markets. I was thinking this would be cool for a nanobrewery or a farm that produces small batches, using local hops or other ingredients. I tried searching on google, but didn't get very far. Just wondering.
 
You will have to check your local and state laws. I'm going to go out on a limb however and say no chance.
 
i just looked up vermont, and it sounds like tasting and sales of beer at farmers markets is allowed with additional licenses. so it can happen. i don't know about other states though.
 
When I was reviewing the Washington laws I found out that in the past couple of years they changed the law so you can sell beer or wine at farmers markets. So check your local laws
 
i'm not planning on doing this myself in the near future, but i think it would be cool. if i was ever going to sell my own beer (in the distant future), it would be as a part-time thing... selling at farmer's markets or local vendors.
plus, i think it would be a good way to promote local agriculture.
 
I'd like to add the caveat to my reply, that there is no chance of selling homebrew at farmers markets. I'm sure a microbrewery would have no problems providing they crossed their t's and dotted their i's.
 
I can pretty much guarantee that you'd never be able to legally sell homebrew at a Farmer's Market, in any state. I'm sure the laws allowing beer sales at such venues are for licensed commercial breweries who go to the trouble to get the additional licenses. But a guy brewing up some beer in his garage and legally selling it anywhere. Forget it.
 
Sometime the law may suprise people. This little tidbit is in MD state:

(2) In St. Mary's County, cider or native wines may be sold by the maker thereof without a license.
 
i just looked up vermont, and it sounds like tasting and sales of beer at farmers markets is allowed with additional licenses. so it can happen. i don't know about other states though.

Lawson's Finest (in the Mad River Valley, VT) does attend & sell at some of the markets. He also has product in a few retail stores and has kegs on tap at a number of restaurants - so I'm sure he's done his homework and has all the proper permits/licenses.

It does make a nice addition to the markets, but I can also understand how this would freak a lot of people out.
 
I got my start working for Rogue selling beer at the Farmer's Market in Eugene. They did wine tastings at the market in Ithaca, NY.
 
State and local laws are one thing, but don't forget Federal laws. You may not need a state license for certain things, but there are also Federal regulations.
 
isn't there some loophole where you can invite people to a "party", charge at the door with a certain amount of beers to be drank agreed upon entering. Then only have homebrew?

That at least seems like it would work.
 
isn't there some loophole where you can invite people to a "party", charge at the door with a certain amount of beers to be drank agreed upon entering. Then only have homebrew?

That at least seems like it would work.

Free beer. $5 a cup.

:D
 
In Washington State, if you're a licensed microbrewery you're allowed to sell at farmer's markets, but the farmers market has to register with the state to be able to have beer venders there. Not sure what that entails. And you're only allowed to sell in bottles and customers can't consume on site. No beer on tap.
 
isn't there some loophole where you can invite people to a "party", charge at the door with a certain amount of beers to be drank agreed upon entering. Then only have homebrew?

That at least seems like it would work.

Free beer. $5 a cup.

:D

read here ohio university

Without proper licensing you cannot charge at the door or for the cup if you serve homebrewed beer . Selling at farmers market can be done if you have all the proper license's and pay the tax on the beer. But then its not homebrew anymore now is it ?
 
Never happen in Oregon. No beer gets sold here outside a brewpub without the distributors taking their cut.
 
In my opinion this is the kind of thing the AHA should be lobbying for. Every time I go to an artisinal market or farmers market and see these people spending their weekend sitting in the cold/heat/elements just to share with other people the crafts that they find important enough to spend all their free time creating and are often selling at a loss or just breaking even I get livid that we cannot. We are creating something that is clearly important to us and honestly should be far more important to most people. The kind of people who spend their time and money at Farmers markets would likely love to talk with you about beer and learn the history and importance of beer in culture. The organic hippies would go nuts over hand crafted beer made in 5 gallon batch sizes and would love listening to you talk about the process, after all there is no more natural of a process in the modern world.

We are honoring tradition and keeping an old world process alive but since our product is so heavily taxed and uncle sam wouldn't be getting his cut we are not allowed to share it with our fellow citizens. As Randy Mosher said beer is an art form, a gastronomic treasure, a political art, a mystical ritual, a food, and a fundamental human craft. I may not be allowed to sell it at Farmers markets but I sure as hell sell it to anybody who expresses interest. Beer belongs to the people and I won't have any regulations tell me otherwise, I already paid sales tax on the raw ingredients, they can go to hell.
 
....but since our product is so heavily taxed and uncle sam wouldn't be getting his cut we are not allowed to share it with our fellow citizens.

Nice rant overall and I'd have to agree with you in spirit. But in my opinion the barrier is not so much about taxes...I mean, how many tax dollars would they really be missing out on from a homebrewer selling a few pints at a festival somewhere...but it's more that the larger brewers (read: their lobbyists) would never sit still for any sort of laws allowing an inexpensive entry into any part of the market for a tiny brewer. Politicians are all for sale, and BMC pays big dollars to keep those barriers of entry high.
 
Seems to me that it's not so much the Craft or tax aspect, but the biggest hurdle in any of these situations would be the health situation.

So I would think that with proper health permits, and the market itself is willing, this could be done. Again, depending on local laws and regulations, but a Nano or Picobrewery could probably get this done and it would probably be a great way to get the word out.
 
Nice rant overall and I'd have to agree with you in spirit. But in my opinion the barrier is not so much about taxes...I mean, how many tax dollars would they really be missing out on from a homebrewer selling a few pints at a festival somewhere...but it's more that the larger brewers (read: their lobbyists) would never sit still for any sort of laws allowing an inexpensive entry into any part of the market for a tiny brewer. Politicians are all for sale, and BMC pays big dollars to keep those barriers of entry high.
Perhaps, whatever the reason be they are all equally contemptible. How much money would BMC be loosing out if I sold 2 cases per weekend at a farmers market? Again it's negligible, and those buyers are unlikely to be buying macro anything, that's why they are at a farmers market. I think the main problem is anything they enforce has to be across the board and how can I sell beer untaxed yet the brewpub down the street is getting taxed to death.
 
Perhaps, whatever the reason be they are all equally contemptible. How much money would BMC be loosing out if I sold 2 cases per weekend at a farmers market?

Not much I imagine, but the macro brewers seem to be a pretty cutthroat bunch. I ordered the DVD "Beer Wars" recently. I've only heard a bit about it but it seems like it addresses some of these types of issues. I don't think it's exactly epic, but if you've not already seen it I'll pass it your way after I watch it.
 
Not much I imagine, but the macro brewers seem to be a pretty cutthroat bunch. I ordered the DVD "Beer Wars" recently. I've only heard a bit about it but it seems like it addresses some of these types of issues. I don't think it's exactly epic, but if you've not already seen it I'll pass it your way after I watch it.
They had a one night showing of it at Regal Coldwater with live discussion afterwards that I attended. I don't think many (any?) other guys from the club went though, so we could probably put together a drinking and watching night for the club if you are interested.
 
They had a one night showing of it at Regal Coldwater with live discussion afterwards that I attended. I don't think many (any?) other guys from the club went though, so we could probably put together a drinking and watching night for the club if you are interested.

That's not a bad idea. I have no idea when to expect the DVD (I just ordered it direct from the maker this weekend) but after the holidays when people are probably not as busy I'll bring up the idea and gauge interest.
 
That's not a bad idea. I have no idea when to expect the DVD (I just ordered it direct from the maker this weekend) but after the holidays when people are probably not as busy I'll bring up the idea and gauge interest.
Trion has a LCD projector upstairs, maybe after the January meeting we could just have a showing of it and people could just stay after it they wanna watch it.
 
Trion has a LCD projector upstairs, maybe after the January meeting we could just have a showing of it and people could just stay after it they wanna watch it.

If they'd allow it, that would be ideal. More guys might be inclined to hang around once they're already there than making a special trip another time.

To the OP...sorry for the thread hijack. :mug:
 
Seems to me that it's not so much the Craft or tax aspect, but the biggest hurdle in any of these situations would be the health situation.

I think that health regulations have little to do with it. Most states allow limited sale or serving at farmer's markets or other such events of non-potentially hazardous foods such as baked goods, coffee, jambs/jellies, etc. made in peoples' homes or other unlicensed facilities. Beer is a similar non-potentially hazardous food.
 
I think that health regulations have little to do with it. Most states allow limited sale or serving at farmer's markets or other such events of non-potentially hazardous foods such as baked goods, coffee, jambs/jellies, etc. made in peoples' homes or other unlicensed facilities. Beer is a similar non-potentially hazardous food.

Washington state is one that doesn't allow this (as of a few years ago). You have to have a licensed and inspected facility to sell any manufactured food goods at a farmers market. When I contacted the health department about this they said that you don't necessarily need a commercial kitchen for it just a separate kitchen from your normal use, but it would still need to be inspected.
 
read here ohio university

Without proper licensing you cannot charge at the door or for the cup if you serve homebrewed beer . Selling at farmers market can be done if you have all the proper license's and pay the tax on the beer. But then its not homebrew anymore now is it ?

The OU Brew Crew was selling homebrew for $1 for a six-ounce sample, which the undercover officers said is illegal.

I don't know if it would hold up in court, but someone's best shot would be to sell cups, but have the beer be free. You couldn't have any rules on the beer, so people could share cups, or use their own, etc. Cops and the judge would know what's up if you got busted, but if you did it like that a good lawyer might get you out of it.

Just saying, if someone wanted to risk it, that's probably their best shot, like if someone wanted to speed, a radar detector would be good.
 
I wasn't really asking about selling "homebrew" at markets, more like nanobrewery beer (licensed, inspected, etc.). Just thinking ahead... for when I open a very small brewery and need to find the right state to live in so I can sell at these markets and other local spots. Years from now, but I can dream. And I need to start selling my wife on this idea in small increments. Thanks
 

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