Chuck may have a point though. Technically, you could offer services to people as long as they are in their own home and basically pitching the yeast. It's not the same thing as selling your own, but probably as close as you can get - legally...
Chuck, homercidal's making a joke. Hence the wink
ChuckO said:Revvy,
So was I. Imagine the work needed to move your equipment to someone else's home vs. the fee you could charge. It's a guaranteed money looser, you couldn't pay for mileage at today's prices, let alone the loss from damage, etc.
If you offered home brew consulting you could charge people to show them how to brew, sell them ingredients, etc but your presence in the whole process doesn't change the fact that someone fermented beer at home for their own consumption.
Seems like the same bad idea.
Airborneguy said:Doesn't make it illegal though. I don't se there being a big market for it. It seems like the natural progression is to become interested, then learn either on your own via reading, or join a club. How many of us would have paid someone to "teach" us to brew after buying all of the equipment? I bet BoP business mostly cater to people who want a "taste" of brewing, or want to try it out before they buy the expensive equipment.
I brew on my system in my buddy's basement, and we split the batches. He told me that, for legal reasons, we have to hold hands when we pitch the yeast, but I'm not sure about that.
As long as that's all you're holding.
_
Doesn't make it illegal though. I don't se there being a big market for it. It seems like the natural progression is to become interested, then learn either on your own via reading, or join a club. How many of us would have paid someone to "teach" us to brew after buying all of the equipment? I bet BoP business mostly cater to people who want a "taste" of brewing, or want to try it out before they buy the expensive equipment.
You should see how we aerate the wort!
I'd say 'no'.
Therefore, you just give them homebrew, and they give you services. Its not an exchange, its a gift.
I know about this because I have a few lawyer friends
Good enough for me!
Amber_Logger said:From a legal standpoint, trading beer for goods/services without being properly licensed would constitute a penalty by law. However, the law states you are innocent until proven guilty, therefore if you decide to go ahead and provide this barter arrangement, make sure you do not get caught.
Now, there are some technicalities you would want to keep in mind such as; since your beer is not commercially brewed, if the person you provided the brew to gets sick or has an allergic reaction to it, this person(s) could call you out on it. Taking that even to small claims court could get you into trouble real fast and real hard. Another technicality could be something as small as someone not liking the taste. There are no guards against this, it being a barter environment without any legal representation backing you, so you are putting yourself out there.
I know about this because I have a few lawyer friends that I have been able to pick their brains over time.
A customer of a homebrew barter could always plead ignorance. It's not the same thing as your prostitute example because drinking beer is not illegal. If we were still under alcohol prohibition laws, then your example would hold true.
Amber_Logger said:A customer of a homebrew barter could always plead ignorance. It's not the same thing as your prostitute example because drinking beer is not illegal. If we were still under alcohol prohibition laws, then your example would hold true.
But bartering with alcohol IS illegal, and admitting it would be rather incriminating
Pilgarlic said:I wonder. I'm not sure that mowing a lawn for a homebrew is illegal, whereas paying (selling) a homebrew for a lawn mow might be. I would certainly be perfectly willing to stand corrected, though. One would also have to look to both federal and state laws, which should be expected to vary some.
If the beer is drank on the homebrewer's property, then the question is answered. The grey area is when it's moved offsite. Then the beer becomes payment, as opposed to just being a friendly drink between, uh, friends...
And yes, bartering is illegal. It's specifically mentioned in the Federal law. Because of that, no state law is pertinent because state laws cannot relax a Federal Law, they can only strengthen it.
The accepting party is doing nothing wrong because they are accepting an otherwise legal product. Unless there is a law that states that it is illegal to accept homebrewed beer as payment for a service, which I have never heard of one at any government level, then that actor in the transaction has no culpability.
This has been discussed to death, but it's actually the intent, location means nothing. You can be standing right next to my kegerator, but if I say "Hey can you mow my lawn? I'll give you a beer for it," then I just broke the law. There's ZERO, ZIP, NOTHING, that can get you around this fact.
Man, are we splitting hairs here or what?!/QUOTE]
Damnedest thing. That's just what lawyers do. When you see a simple, direct, clear answer to a legal question you can usually be pretty sure the person providing the answer isn't a lawyer.
You must be speaking loosely. In a barter exchange, both sides are "bartering". If "bartering is illegal", then both sides have acted illegally. If, on the other hand, "conveying beer through a bartered exchange" is illegal, but "receiving beer through a bartered exchange" is not, then I'm with you.
So, is bartering illegal or not? In the application of law, as you know, it's all about precise language.
General note: pat answers to complicated questions, generally, don't offer much.
But I'm probably just picking a fight.
As I said earlier in the thread, I have a legal opinion from an attorney, but most of these questions can be answered by contacting your State's DLLC.
If that's too much trouble, by all means do whatever the hell you like.
If that's too much trouble, by all means do whatever the hell you like.
ABG you get to stand behind your experience as a LEO.
When I give the same answer, they call me the dream killer.
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