Now legal to donate homebrew to nonprofit pouring events in CA

[iandh]

One of the guys in Sirwisa Brewing Collective pointed me to AB-1425, which was signed Oct 1st.

Its now legal to donate/pour homebrew at nonprofit fundraisers in California!

The now signed bill states...

23356.2.
(a) No license or permit shall be required for the manufacture of beer or wine for personal or family use, and not for sale, by a person over 21 years of age. The aggregate amount of beer or wine with respect to any household shall not exceed (1) 200 gallons per calendar year if there are two or more adults in the household or (2) 100 gallons per calendar year if there is only one adult in the household.
(b) Beer or wine produced pursuant to this section may be removed from the premises where made only under any of the following circumstances:
(1) For use, including tasting by judges, in a bona fide competition or exhibition.
(2) For personal or family use.
(3) When donated to a nonprofit organization for use as provided in subdivision (c).
(c) (1) Beer or wine produced pursuant to this section may be donated to a nonprofit organization for sale at fundraising events conducted solely by and for the benefit of the nonprofit organization. Beer and wine donated pursuant to this subdivision may be sold by the nonprofit organization only for consumption on the premises of the fundraising event, under a license issued by the department to the nonprofit organization pursuant to this division.
(2) Beer or wine donated and sold pursuant to this subdivision shall bear a label identifying its producer and stating that the beer or wine is homemade and not available for sale or for consumption off the licensed premises. The beer or wine is not required to comply with other labeling requirements under this division. However, nothing in this paragraph authorizes the use of any false or misleading information on a beer or wine label.
(3) A nonprofit organization established for the purpose of promoting home production of beer or wine, or whose membership is composed primarily of home brewers or home winemakers, shall not be eligible to sell beer or wine pursuant to this subdivision.
(d) Except as provided in subdivision (c), this section does not authorize the sale or offering for sale by any person of any beer or wine produced pursuant to this section.
(e) Except as provided herein, nothing in this section authorizes any activity in violation of Section 23300, 23355, or 23399.1.​

This was signed on Oct 1st by Gov. Brown. Great to see something many of us were already doing legalized.

 

[Hemphill]

Nice! Now for Georgia! I'm trying to start a fundraising event that includes homebrew and running into a little red tape

 

[iandh]

Slight correction, it was signed and will be in effect on Jan 1st 2014.

 

[mattd2]

One of the guys in Sirwisa Brewing Collective pointed me to AB-1425, which was signed Oct 1st.

Its now legal to donate/pour homebrew at nonprofit fundraisers in California!

The now signed bill states...

23356.2.
(a) No license or permit shall be required for the manufacture of beer or wine for personal or family use, and not for sale, by a person over 21 years of age. The aggregate amount of beer or wine with respect to any household shall not exceed (1) 200 gallons per calendar year if there are two or more adults in the household or (2) 100 gallons per calendar year if there is only one adult in the household.
(b) Beer or wine produced pursuant to this section may be removed from the premises where made only under any of the following circumstances:
(1) For use, including tasting by judges, in a bona fide competition or exhibition.
(2) For personal or family use.
(3) When donated to a nonprofit organization for use as provided in subdivision (c).
(c) (1) Beer or wine produced pursuant to this section may be donated to a nonprofit organization for sale at fundraising events conducted solely by and for the benefit of the nonprofit organization. Beer and wine donated pursuant to this subdivision may be sold by the nonprofit organization only for consumption on the premises of the fundraising event, under a license issued by the department to the nonprofit organization pursuant to this division.
(2) Beer or wine donated and sold pursuant to this subdivision shall bear a label identifying its producer and stating that the beer or wine is homemade and not available for sale or for consumption off the licensed premises. The beer or wine is not required to comply with other labeling requirements under this division. However, nothing in this paragraph authorizes the use of any false or misleading information on a beer or wine label.
(3) A nonprofit organization established for the purpose of promoting home production of beer or wine, or whose membership is composed primarily of home brewers or home winemakers, shall not be eligible to sell beer or wine pursuant to this subdivision.
(d) Except as provided in subdivision (c), this section does not authorize the sale or offering for sale by any person of any beer or wine produced pursuant to this section.
(e) Except as provided herein, nothing in this section authorizes any activity in violation of Section 23300, 23355, or 23399.1.​

This was signed on Oct 1st by Gov. Brown. Great to see something many of us were already doing legalized.

Sucks that the expresly excluded homebrew clubs from the list of eligible nonprofit orginisations!

 

[Phunhog]

WOW!! That is FANTASTIC NEWS!! It opens up the door for breweries in planning like myself big time!! I am asked all the time to donate beer for charity beer fests and always feel a little uneasy about it but now.....GAME ON! :rockin:

Here's another article on the bill....http://napavalleyregister.com/lifes...cle_95e84a10-2c6b-11e3-93d5-001a4bcf887a.html

 

[Phunhog]

Sucks that the expresly excluded homebrew clubs from the list of eligible nonprofit orginisations!

I think they did this so that homebrew clubs couldn't hold homebrew festivals, sell beer, and then distribute the money back to the members. At least this way clubs can donate beer to their favorite charity and not have to deal with any potential legal problems.

 

[KIAKillerXJ]

I'm curious as to what kind of opportunities this might open up. Either way, a very nice provision I think.

 

[Phunhog]

I'm curious as to what kind of opportunities this might open up. Either way, a very nice provision I think.

Well I have been approached numerous times to donate homebrew for charity dinners, film festivals, church dinners, etc... I have usually declined. Now I can donate a keg or two to a non profit event (they still have to get a one day alcohol license). I figure at 4 bucks a glass the non profit could easily make 200 bucks per donated keg. It's a good deal for me since I can then write off my ingredients and supplies used as a in-kind charitable corporation. It gets better since I can sell my "brewery" shirts at the event and actually make enough money(I hope...) to cover my costs.

 

[LabRatBrewer]

The ABC is now using this law, and in my opinion an incorrect interpretation, to deny permits to all homebrew festivals in California. (Homebrew fests - not commercial craft festivals- different licensing). I believe it was NOT the intent of the law, but the Southern California Homebrew festival in Ojai, CA is having serious problems getting permits now. BTW, the way as the ABC seems to be interpreting the new law, if your local homebrew club is collecting dues and having tastings it violating the law. I'll start a new thread, with names and opinion letters soon. I just returned from a Reps meet for the SoCal Homebrew frestival (we have roughly 2000 members who attend), and we are worried. We bring in about $125,000 to sleepy little Ojai on an "off peak" weekend", and it is sad the we are in jeopardy. {Yes, I know that on its face it doesn't seem the law would apply to a private homebrew festival, but that's how is its being applied. Right now the 2015, AHA meeting could not be held in California. That's about an * million dollar influx to our State at risk).

 

[iandh]

Its an interesting point about homebrew fests. I'm not sure what plans the NorCal Homebrew Fest have. I would assume the past interpretation of the rules would not change.

I've been talking with the Trade Enforcement Unit of the Cal ABC and I found their interpretation of donating beer for non-profits to be pretty favorable.

- We can pour our own beer at charity events (something probrewers can't do)
- Events can be marketed as homebrew
- We'll need to mark kegs as "homemade beer", but this seems to be the biggest restriction.

We've been putting some instructions together for Non-profits who solicit donations from us.

http://sirwisabrewingcollective.com/wp-content/uploads/2013/12/FundraisingInstructions_01-09-2014.pdf

 

[Phunhog]

What needs to happen is for a non brewing non profit to take over the SCHF. Problem solved. I know the Ojai Rotary puts on a huge wine festival at Casitas every year. It would/could be a big money maker for a non profit.

 

[LabRatBrewer]

Here is a thread I started on the AB1425 topic. https://www.homebrewtalk.com/f14/socal-homebrew-fest-needs-your-help-455479/

 

[DanScott]

Hello All -

I am a beer festival organizer in California.

I just spoke to our county health department and, chances are, it is still not legal for you to sell/donate homebrew to a beer festival.

1) Has your kitchen/homebrewery been certified as required under AB 1616, the California Homemade Food Act? Probably not.

2) I'm not even sure that a homebrewery would qualify, as the only foods approved to qualify under this act are uncooked foods.

It looks to me that this issue needs to be further worked out.

 

[mattd2]

Hello All -

I am a beer festival organizer in California.

I just spoke to our county health department and, chances are, it is still not legal for you to sell/donate homebrew to a beer festival.

1) Has your kitchen/homebrewery been certified as required under AB 1616, the California Homemade Food Act? Probably not.

2) I'm not even sure that a homebrewery would qualify, as the only foods approved to qualify under this act are uncooked foods.

It looks to me that this issue needs to be further worked out.

But does the California Homemade Food Act cover alcoholic beverages? I do not think so, and since the person providing the homebrew is not making a finacial gain from the donation. The act is for cottage foods sold direct to the pubic so technically donating homebrew to a charity is not included.
If it did include the manufacture of beer then could that not be used to obtain a permit to produce beer for sale as a cottage food operator in CA and bypass all the other requirements. they can have their cake and eat it too

 

[Phunhog]

Hello All -

I am a beer festival organizer in California.

I just spoke to our county health department and, chances are, it is still not legal for you to sell/donate homebrew to a beer festival.

1) Has your kitchen/homebrewery been certified as required under AB 1616, the California Homemade Food Act? Probably not.

2) I'm not even sure that a homebrewery would qualify, as the only foods approved to qualify under this act are uncooked foods.

It looks to me that this issue needs to be further worked out.

I have talked to my county's health department about this. AB 1425 makes homebrew an approved source per my county's health department. However before you can donate it you must attend a Temporary Food Facility class (free) and get a permit (free). I am attending the three hour class next week

 

[Renoun]

Hello All -

I am a beer festival organizer in California.

I just spoke to our county health department ...

Some of what you have relayed from your conversation with the health department is inconsistent with what I just read in a Forbes article on the Ca. Cottage Food Act. You might want to do some more research before you conclude that it applies to beer.

 

[Phunhog]

Some of what you have relayed from your conversation with the health department is inconsistent with what I just read in a Forbes article on the Ca. Cottage Food Act. You might want to do some more research before you conclude that it applies to beer.

CA Cottage Food Act has no bearing on us. What AB 1425 lets us do is donate beer to a charity and they sell it. Just like baking some cookies for a charity bake sale and selling them.

 

[DanScott]

I have talked to my county's health department about this. AB 1425 makes homebrew an approved source per my county's health department. However before you can donate it you must attend a Temporary Food Facility class (free) and get a permit (free). I am attending the three hour class next week

Ventura County?
What permit?

 

[DanScott]

Some of what you have relayed from your conversation with the health department is inconsistent with what I just read in a Forbes article on the Ca. Cottage Food Act. You might want to do some more research before you conclude that it applies to beer.

Thanks for the article, but I am in contact with Assm Gatto's office (author of AB 1616), and they are not sure whether or not it applies to donated homebrew and are looking into it. It appears that homebrew under AB 1425 does not apply but they are confirming this.

I lean towards 'better safe than sorry' when dealing with law enforcement, especially with brand new laws. I do not want to be a test case or caught between a new law and a local enforcement agency that is not aware of it.