A legality question!

[Homercidal]

It’s very common for brewing clubs to get together and brew as a group. They all pitch in on ingredients and split up the beer. Sometimes there is a no show who actually pitched in. Nobodies keeping track of who pitched the yeast and for what it’s worth who cares. No one is selling the beer for profit. In my opinion it’s no different than your buddies reimbursing you for picking up beer at a liquor store. Don’t make it a regular thing and you’re not doing it for profit. If you feel it’s morally incorrect than you don’t need anyone on this forum to convince you otherwise. Just don’t do it. I personally wouldn’t think any less of you if you did and I doubt your friends will either.

Well, technically, if you pitch the yeast there, it's breaking the law.

I understand the morality issue. I don't mind bending a few of the small laws like this since I'm not brewing anywhere NEAR the limit and I also know the chances that anyone in my town will give a rat fart.

In Michigan it's legal to gift 20 gallons to a person. As I read the law that's 20 gallons PER PERSON! But it's also against eh law for a parent to provide any alcohol to their children, except for religious purposes (I think) where other states allow the parent to raise their kids.

I think the answer to the OP's questions is very clear from the standpoint of KY's Homebrewing laws.

For me, I'd just brew it for them and not tell anyone. Unless you are in a dry county. I don't know what the law says about that. It's not illegal to brew at home in your state, so the law would have to prove that there was a transfer of goods from one place to another. Just put a bucket and some hose in the other person's basement and say they did it. All you do is wash their bottles for them. Yep, it's cheating.

 

[Mikethepoolguy]

The laws are just a boundary line to separate homebrewers from pros. If you consider your time involved into the price there is no way you could sell your beer for a profit unless you were making BIG batches. If you could then you pay taxes and the govt is happy. Until then only you care.

 

[I_B_Mongo]

+1 for just doing it. There's people here everyday asking should I...can I...
Short of selling it from home, just do it. Either let them buy it first or pay you back. I highly doubt the ATF is gonna kick your front door down. If you don't put it on facebook or advertise it on the web, nobody is really going to know.

 

[UberBrewer]

Well, technically, if you pitch the yeast there, it's breaking the law.

I understand the morality issue. I don't mind bending a few of the small laws like this since I'm not brewing anywhere NEAR the limit and I also know the chances that anyone in my town will give a rat fart.

In Michigan it's legal to gift 20 gallons to a person. As I read the law that's 20 gallons PER PERSON! But it's also against eh law for a parent to provide any alcohol to their children, except for religious purposes (I think) where other states allow the parent to raise their kids.

I think the answer to the OP's questions is very clear from the standpoint of KY's Homebrewing laws.

For me, I'd just brew it for them and not tell anyone. Unless you are in a dry county. I don't know what the law says about that. It's not illegal to brew at home in your state, so the law would have to prove that there was a transfer of goods from one place to another. Just put a bucket and some hose in the other person's basement and say they did it. All you do is wash their bottles for them. Yep, it's cheating.

The federal law does not specify where you can brew. So it doesn't matter where you pitch. As long as your state or local laws don't specify a locale. There is one important line for brew clubs. That is that partnerships are allowed.

 

[skidkid267]

Since this legal deal is ongoing let me ask this. We have an event where I wanted to share a corny of IPA with my co-workers, the venue said the only way to bring our own beer is if it is donated with a non-profit charity getting the proceeds. I plan on charging $1.00 a beer and donating the profits to the "Wounded Warrior Foundation" at the base where I work. Hope I don't go to jail...

 

[LVBen]

Since this legal deal is ongoing let me ask this. We have an event where I wanted to share a corny of IPA with my co-workers, the venue said the only way to bring our own beer is if it is donated with a non-profit charity getting the proceeds. I plan on charging $1.00 a beer and donating the profits to the "Wounded Warrior Foundation" at the base where I work. Hope I don't go to jail...

I doubt you'll get in trouble... but advertising it on a public forum on the internet is probably not a very good idea.

 

[LVBen]

Since this legal deal is ongoing let me ask this. We have an event where I wanted to share a corny of IPA with my co-workers, the venue said the only way to bring our own beer is if it is donated with a non-profit charity getting the proceeds. I plan on charging $1.00 a beer and donating the profits to the "Wounded Warrior Foundation" at the base where I work. Hope I don't go to jail...

You should tell people that they can have a free beer for any donation of $1 or more.

 

[mcaple1]

hey...a tip jar is for the service...not for the product.

 

[Homercidal]

The federal law does not specify where you can brew. So it doesn't matter where you pitch. As long as your state or local laws don't specify a locale. There is one important line for brew clubs. That is that partnerships are allowed.

I believe this part refers to an individual who owns or operates a brewery and states that beer produced at the brewery may be brought home for personal use, as if the beer were produced in that home. It effectively considers 100 or 200 gallons of beer made at the brewer to be considered Homebrew as far as homebrewing laws permit.

The partnership referenced there simply means the people who operate the brewery business. It clearly states that except for the people I just mentioned, partnerships are prohibited.

Again, the law clearly states that homebrew must remain in the home except for those limited cases stated in 25.206. (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.)

 

[Homercidal]

Since this legal deal is ongoing let me ask this. We have an event where I wanted to share a corny of IPA with my co-workers, the venue said the only way to bring our own beer is if it is donated with a non-profit charity getting the proceeds. I plan on charging $1.00 a beer and donating the profits to the "Wounded Warrior Foundation" at the base where I work. Hope I don't go to jail...

This might be a tricky thing. It does allow for removal for ORGANIZED events. I believe that a charity event would qualify.

However, it also clearly states that it cannot be sold. I doubt you would get in trouble if the event asked for donations at the door and there just happened to be homebrew being served. Connecting the giving of the homebrew with the charging of $1 would definitely qualify as charging, or selling the beer.

Just make sure the term "Beer Tasting'" is displayed prominently...

 

[UberBrewer]

I believe this part refers to an individual who owns or operates a brewery and states that beer produced at the brewery may be brought home for personal use, as if the beer were produced in that home. It effectively considers 100 or 200 gallons of beer made at the brewer to be considered Homebrew as far as homebrewing laws permit.

The partnership referenced there simply means the people who operate the brewery business. It clearly states that except for the people I just mentioned, partnerships are prohibited.

Again, the law clearly states that homebrew must remain in the home except for those limited cases stated in 25.206. (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.)

You may be right on the partnership part. The language is less than clear, but the location. I didn't see any location stipulated.

 

[codyjp]

You should tell people that they can have a free beer for any donation of $1 or more.

Don't put a value on the donations and folks will donate a LOT more than you'd expect.

I'll wager you will average $7.50/beer.

 

[Phunhog]

I always chuckle a little when these threads come up. Act according to your own moral compass!! Yes it is illegal but I don't think the government cares if you sell a little homebrew to friends. I have searched and searched for a case where a homebrewer was arrested/fined/cited for selling beer. So far I have come up with a big fat ZERO!! Just like for illegal drugs the cops/TTB/ABC would have to set up a "sting" operation. Honestly do you think they would ever do that to bust someone for selling homebrew to a friend?