Here we go again, people trying to circumvent a very clear cut set of laws...
Any form of EXCHANGE for homebrew is considered illegal under the 1978 repeal of the ban on homebrewing, H.R. 1337...unless of course you become licensed to do so, and pay taxes.
That's the bottom line, folks.
In fact Bartering of alcohol of any type is illegal, period, even for licensed retailers.
Trading or Bartering
The trading or bartering of alcoholic beverages for cash or in exchange for different alcoholic beverages by and between retail liquor dealers, in order that they may take advantage of special deals involving quantity discounts or free goods offered by wholesale liquor dealers, is not a bona fide loan of liquors described in Revenue Ruling 54-509 which outlines transactions constituting bona fide loans. Such trading or bartering constitutes sales for purpose of resale and engaging in this practice would subject the retail dealers to liability for special tax as wholesale liquor dealers and would necessitate the acquiring of basic permits as wholesale liquor dealers. This ruling relates only to the trading or bartering of merchandise between retailers after purchase thereof by one or more retailers individually, and not to the cooperative purchasing of alcoholic beverages by several retailers, dealt with in Revenue Ruling 56-204.
26 U.S.C. 5111; 27 CFR 194.28
And if you are planning to do so, I wouldn't be discussing it on the largest homebrewing site on the web......
Whenever a thread like this, or someone trying to make money off homebrew for whatever reason, charity or otherwise, all these "armchair lawyers," come up with all the ways they think could be "get arounds" the law. Sorry kids, you can hypothesize all you want, but do you notice ever any actually attorneys with knowledge of the law ever coming up with some of this stuff? No.
Whether we agree with the laws or not. You can't loophole your way through this. The laws are pretty specific in regards to homebrewing- any medium of exchange, be it money or barter involving homebrew is illegal.
Remember homebrewing wasn't re-legalized after the Volstead act was repealed in 1933, it wasn't legalized until 1978,
and it took a lot of work in those 45 years to get it to happen....and despite it's federal legalization, it is STILL on a State by State basis.
Wasn't it legalized in Utah JUST this very year?
Do a little reading on the history of prohibition and the legalizing of homebrewing, and maybe you'll quit the idiotic hypothisizing about trying to get around the law, and realize what a fine razors edge this hobby sits on to many folks.
Some folks still think you can go blind drinking homebrew.
Other's can't distinguish what we're doing with making meth.
Hell even some cops look on what we're doing with suspicion.
Don't believe me? Check out this Cops episode if you haven't already....look at what "John Law" has to say about our little hobby. "The concotion he was making could be deadly..."
Hell, if MADD gets ever gets their way the oldschool version of prohibition may be like a picnic, compared to what it would be like in modern times. You think they'd let us make anything? (HomeWine making was sort of legal during prohibition as long as you didn't sell)
Look what may be happening in Canada; DUI legislation may expand to allow random breathalyzer tests
No probable cause would be necessary to be forced to breath into a tube.
Quit thinking you can run around the law....if you really want to help, then try to change the laws....Write your congress people, better yet become a congressperson
. But quit thinking you can scheme your way through this.
That's what doesn't help give us a good name.
Read this for some enlightenment...It was one of our members http://www.homebrewtalk.com/f19/ohio...5/#post1590903
And this from just a couple weeks ago http://www.homebrewtalk.com/f14/alab...hlight=alabama
This thread has all of the links covering the bill that legalized Homebrewing...it is a good resource and a very good read.
If you want to do this, contact the local liquor control commission, find out the laws, and follow the legal process and do it. Plenty of people have. All it It takes time and money.....