Home Brew Forums > Home Brewing Community > Brewing Events & Local Gatherings > South West USA > California HomeBrew Forum > I want to sell my home brew!
Reply
 
Thread Tools
Old 02-04-2013, 05:26 PM   #31
Homercidal
Licensed Sensual Massage Therapist.
HBT_MODERATOR.png
Feedback Score: 0 reviews
 
Homercidal's Avatar
Recipes 
 
Join Date: Feb 2008
Location: Reed City, MI
Posts: 27,330
Liked 3641 Times on 2477 Posts
Likes Given: 2434

Default

Let's restate the legality of selling Homebrew: It is illegal.

It is illegal to trade, barter, swap, etc. ad nauseum.

There is no way around it that the court will allow.

Selling your homebrew gives the rest of us a bad image. We don't need that. What we could use is to join or contribute to the AHA and/or lobby your legislature to allowing it in the future. This tactic has been slowly getting the last few states to allow homebrewing and increasing the restraints on a lot of other states as well.


Homercidal is offline
3
People Like This 
Reply With Quote
Old 02-04-2013, 05:38 PM   #32
Hopper5000
Feedback Score: 0 reviews
Recipes 
 
Join Date: Oct 2011
Location: Oakland, CA
Posts: 1,201
Liked 75 Times on 63 Posts
Likes Given: 59

Default

i understand it's illegal so no worries


Hopper5000 is offline
 
Reply With Quote
Old 02-04-2013, 06:43 PM   #33
GrogNerd
mean old man
HBT_SUPPORTER.png
Feedback Score: 0 reviews
 
GrogNerd's Avatar
Recipes 
 
Join Date: Oct 2012
Location: Sterling, VA
Posts: 4,413
Liked 1321 Times on 864 Posts
Likes Given: 148

Default

sorry, didn't mean to jump on your case. just that suggesting ways around it doesn't help
__________________
#redbully

"Why must it always be pandemonium?" - George Mueller/Nelson Van Alden

"Beer. Good." - Words of House Grog

drinking: Wojtkowiak Piwo, CLB's Barleywine, 8Hearted Pale Ale, O'Rob's Dry Irish Stout, DB8PT Session Ale, Wojtkowiak Grodziskie - bottle conditioning: Otto M. Gourd Pumpkin Barleywine, Jewel Thieves Apple Wine, CLB's Barleywine 1.2
GrogNerd is offline
 
Reply With Quote
Old 02-04-2013, 07:02 PM   #34
Hopper5000
Feedback Score: 0 reviews
Recipes 
 
Join Date: Oct 2011
Location: Oakland, CA
Posts: 1,201
Liked 75 Times on 63 Posts
Likes Given: 59

Default

ya i understand, its ok. i agree i probably shouldn't have suggested anything.

However, maybe it differs by state, but I was under the impression that (federally) it is only illegal to sell the beer and the law doesn't mention anything about trading, swaping, etc...

United States Code of Federal Regulations Title 27, Part 25, Subpart L, Section 25.205 and Section 25.206
Beer For Personal or Family Use

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 25.207, corporations or associations may not produce beer, without payment of tax, for personal or family use.

25.206 Removal of beer.

Beer made under 25.205 may be removed from the premises where made for personal or family use including use at organized affairs, exhibitions or competitions such as homemaker's contests, tastings or judging. Beer removed under this section may not be sold or offered for sale.


I guess "sold or offered for sale" could be broadened to include that though.
Hopper5000 is offline
 
Reply With Quote
Old 02-04-2013, 09:27 PM   #35
JeepDiver
Feedback Score: 0 reviews
Recipes 
 
Join Date: Apr 2009
Location: Highlands Ranch, CO
Posts: 1,325
Liked 146 Times on 114 Posts
Likes Given: 2

Default

Never mind
JeepDiver is offline
 
Reply With Quote
Old 02-04-2013, 10:06 PM   #36
Hopper5000
Feedback Score: 0 reviews
Recipes 
 
Join Date: Oct 2011
Location: Oakland, CA
Posts: 1,201
Liked 75 Times on 63 Posts
Likes Given: 59

Default

OK, I am not trying to piss people off so sorry if I am bringing that up. This has got me more curious now though which is why I threw up my last post. I for one do not intend to ever sell homebrew. Just wanted to make that clear.
Hopper5000 is offline
 
Reply With Quote
Old 02-04-2013, 10:29 PM   #37
Phunhog
Feedback Score: 0 reviews
Recipes 
 
Join Date: Sep 2008
Posts: 2,001
Liked 165 Times on 124 Posts
Likes Given: 80

Default

Quote:
Originally Posted by Hopper5000 View Post
The only way I have heard about getting around the selling part is if you per say throw a party and do it that way. Instead of calling it a party you would call it a beer judging event and all judges would ahve to pay an entry fee to judge. Although if it really came down to it that probably wouldn't hold up in court.
Actually there was an event in San Francisco that did that!! It was wildly successful....sometimes they would have 500 attendees. They were using the competition loophole.....everyone was a judge and got to vote for their favorite beer. I guess the ABC got involved and they said that a judging panel had to be of reasonable size (5-7 people). Of course they pulled that one out of their arse...no where in the text of the law does it stipulate the number of judges allowed.
__________________
Check out my nanobrewery!
http://www.facebook.com/#!/pages/Two...02323289804018
Phunhog is offline
akidd17 Likes This 
Reply With Quote
Old 02-04-2013, 11:08 PM   #38
Hopper5000
Feedback Score: 0 reviews
Recipes 
 
Join Date: Oct 2011
Location: Oakland, CA
Posts: 1,201
Liked 75 Times on 63 Posts
Likes Given: 59

Default

Quote:
Originally Posted by Phunhog View Post
Actually there was an event in San Francisco that did that!! It was wildly successful....sometimes they would have 500 attendees. They were using the competition loophole.....everyone was a judge and got to vote for their favorite beer. I guess the ABC got involved and they said that a judging panel had to be of reasonable size (5-7 people). Of course they pulled that one out of their arse...no where in the text of the law does it stipulate the number of judges allowed.
I see, that's quite interesting...


Hopper5000 is offline
 
Reply With Quote
Reply


Thread Tools


Similar Threads
Thread Thread Starter Forum Replies Last Post
Advice to sell home brew?? bassguitarfishing General Beer Discussion 73 08-23-2012 02:06 PM
Don't sell your home brew on CraigsList kcold0403 General Chit Chat 26 04-01-2011 05:49 PM
Does Home Depot sell 5 lb Co2 tanks?? HalfPint Bottling/Kegging 14 09-18-2010 02:44 PM
Where to purchase home brewing products to sell.... mikeyc General Chit Chat 7 03-27-2009 07:12 PM
How to sell home brew? stokems General Beer Discussion 11 12-01-2008 11:05 PM


Forum Jump

Newest Threads

LATEST SPONSOR DEALS