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Old 12-12-2012, 05:51 AM   #21
501irishred
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Yep, seems like my hobby/"business" is going deeper in the red every year! Kinda wish I COULD declare my "losses".

 
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Old 12-12-2012, 05:57 AM   #22
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So if I'm spending the weekend at a hunting cabin, and a friend who is drinking HB offers me $20 for gas or LP, can I take it?

 
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Old 12-14-2012, 10:47 AM   #23
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If homebrew and home winemaking is legal in your state you need to consult your state regulation. Homebrew and home winemaking are not legal in every state. Bizarre. But, many states follow the federal rule, there are clear guidelines, limitations and restrictions. And State and Local Laws may be far more restrictive than the Federal Law. The bottom line is you need to know how the law for each craft applies to you at the state level.

Here is a link to the Federal statute on homebrew, and the page also allows you to quickly access State regulations... http://www.homebrewersassociation.or.../united-states

For federal regulation on wine....
You can do a search for Alcohol and Tobacco Tax and Trade Bureau, Title 27, Vol. 1, Part 24.75 if you'd like. But here's the basics of it as far as wine goes...but again check your State regulations.

Title 27, Vol. 1, Part 24.75

(a. ) General: Any adult may, without payment of tax, produce wine for personal or family use, and not for sale.

(b. ) Quantity: aggregate amount... (1) 200 gallons per calendar year for a household in which 2 or more adults reside, or (2) 100 gallons per calendar year if only 1 adult resides in the household.

(e. ) Limitation: This exemption should not in any manner be construed as authorizing the production of wine in violation of state or local laws, and does not apply to partnerships, corporations, or associations.

(f. ) Removal: Wine produced under this section may be removed from the premises where made, for personal or family use including organized affairs, exhibitions and competitions, such as home winemakers contests, tastings or judgings, but may not under any circumstances be sold or offered for sale.
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Old 12-14-2012, 10:52 AM   #24
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Quote:
Originally Posted by mikescooling View Post
So if I'm spending the weekend at a hunting cabin, and a friend who is drinking HB offers me $20 for gas or LP, can I take it?
The fact that someone happens to be drinking homebrew while you are at a cabin and said person offers to pitch in for fuel costs has nothing to do with homebrew.
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Old 12-14-2012, 04:32 PM   #25
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If the law was cut and dry or back and white, a bunch of lawyers would have to be finding new work........

 
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Old 12-14-2012, 04:34 PM   #26
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Quote:
Originally Posted by 501irishred View Post
If the law was cut and dry or back and white, a bunch of lawyers would have to be finding new work........
Seems pretty cut and dry to me, no? You can make beer but not sell it.
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Old 12-14-2012, 04:35 PM   #27
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Use discretion guys. Part of discretion is not posting proposed homebrew sales on a public internet forum.

 
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Old 12-14-2012, 04:40 PM   #28
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Quote:
Originally Posted by TyTanium View Post
Use discretion guys. Part of discretion is not posting proposed homebrew sales on a public internet forum.
+1...

The LAST thing you need is to have the fed's knocking on your door for selling homebrew...
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Old 12-15-2012, 01:15 AM   #29
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Quote:
Originally Posted by MalFet View Post
Seems pretty cut and dry to me, no? You can make beer but not sell it.
Quote:
Originally Posted by Golddiggie View Post
+1...

The LAST thing you need is to have the fed's knocking on your door for selling homebrew...

The law in this country (US) fortunately or unfortunately is seldom cut and dry. Of course in this scenario, as in many, complete abstinence is the cure to all ills. Receive no cash, gifts, or donations of any kind from people that have or may in the future receive product you have made -cut and dry. For the most part anyway, what I've seen in this thread is people more or less asking what by law constitutes "selling" product. Where is that line? Is there any leeway, as long as no profit is made? This to me is saying we do not want to break the law, and want to make sure that line is not crossed unintentionally even if the intent was honorable. Not that I would ever do or not do something (legally or morally) solely based on something I read on the Internet, but I would rather see how 1000's of peers may interpret a law than see how 12 of them do.
Ignorance in my opinion is not bliss. I agree discretion is important, however if used to ignore/disguise ignorance, discretion can become a detriment.

 
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Old 12-15-2012, 01:26 AM   #30
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Quote:
Originally Posted by 501irishred View Post
The law in this country (US) fortunately or unfortunately is seldom cut and dry. Of course in this scenario, as in many, complete abstinence is the cure to all ills. Receive no cash, gifts, or donations of any kind from people that have or may in the future receive product you have made -cut and dry. For the most part anyway, what I've seen in this thread is people more or less asking what by law constitutes "selling" product. Where is that line? Is there any leeway, as long as no profit is made? This to me is saying we do not want to break the law, and want to make sure that line is not crossed unintentionally even if the intent was honorable. Not that I would ever do or not do something (legally or morally) solely based on something I read on the Internet, but I would rather see how 1000's of peers may interpret a law than see how 12 of them do.
Ignorance in my opinion is not bliss. I agree discretion is important, however if used to ignore/disguise ignorance, discretion can become a detriment.
It's really not as complicated as all that. What you have in threads like these is people trying to make laws complicated, to find "loopholes" that they believe will exempt them from plain language.

That's not how the law works. As with most transactions, a "sale" is constituted by the intent of the two parties involved. If the giving of money and the giving of beer are each dependent on the other for the transaction to proceed, it's a sale. Selling beer is illegal.

Everything else is just hocus pocus.
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