Applejack Legality

[brewbobaggins]

I've heard and read a lot about the freeze concentration of cider called Applejack over the past few months. While occasionally there are people on HBT that say it is illegal, the moderators seem to maintain it is legal and allow discussions to take place.

In fact, in a Basic Brewing Video episode, James even contacts TTB and reads an email aloud from them in which they claim that freeze concentrating alcohol is totally fine and falls under the federal homebrewing laws.

Interested in finding out more about my local laws and to get more clarification, I contacted TTB myself and found out that it falls under their distillation laws and is in fact illegal.

Okay TTB, what the crap? Now I'm confused. Here's the email I just got...

-------

The term applejack falls into the standards of identity for distilled spirits and as such could not be produced without a permit. The process of freezing a mixture of alcohol and aqueous fermented material, like wine, causes some water to freeze and separate from the alcohol mixture. The resultant mixture has a higher alcohol content than the original and is called a “high alcohol wine fraction.” Any person who separates alcohol spirits from any fermented substance, as stated in 26 U.S.C. § 5002(a)(4)(c), is known as a distiller; therefore, if you freeze wine or hard cider in an effort to extract water from the alcohol mixture, you are a distiller, and Federal law prohibits operations of a distillery in a residence. As a distiller, you would have to file an application with TTB and follow our regulations regarding the manufacturing processes approved for making distilled spirits.

Ronda Merrell, MPA
Technical Advisor
Alcohol and Tobacco Tax and Trade Bureau
1-877-882-3277

-------

So what now? It's illegal to some officers but not others?

 

[Revvy]

I think your use of the term "applejack" is what triggered the semantics police in that answer. I bet if you simply asked about "freeze concentration" of homebrewd beer, wine and cider, you would have got the answer that many of us have gotten which backs up the idea of it being legal. Freeze distillation is a misnomer and the word distillation is so loaded legally that it becomes a semantics argument.

This is the info I've posted on here repeatedly, in regards to the federal statutes.

Even WAAAAYYYYYY Back in 1995 Zymurgy dispelled this myth that it is illegal for hombrewers to freeze concentrate beer. They oughta know since they've been the ones working to change the laws. This has been posted on several forums and even the old homebrewer's listserv.

I found a reference in the Winter 1995 issue of Zymurgy. It had an
article by Dennis Davison on Eisbock.

A sidebar in the article stated, "According to Bureauf of Alcohol,
Tobacco and Firearms officials, the process of freezing beer and
removing ice is called concentrating. A brewer may not employ any
process of concentration that separates alcohol spirits from any
fermented beverage, and since ice is being removed from beer, this
concentration procedure is legal."

It's semantics....but I'm pretty sure the AHA would make sure anything they published that mentioned homebrewing laws would have been vetted before publication.

And according to the TTB website, reducing by freezing is not illegal if it's done only to a certain volume, because the as opposed to distillation which leaves the final product different from what was distilled- i.e. distilling beer, or wine makes an entirely different product, "moonshine," or Brandy or whatever, the product is alcohol removed from whatever was used. But the TTB deems a freeze concentrated beer, still a beer.

The entire ruling on it is here. TTB Ruling 94-3

Pertinent quote.

...ATF has examined laboratory samples of ice beer. In all cases, ATF finds that the basic character of the beer is unchanged; i.e., the product continues to resemble beer after the removal of small amounts of ice crystals and its alcoholic content is not increased to a substantial degree. The ice beer examined does not resemble a concentrate made from beer which typically contains less than 50 percent of the volume of the beer used to produce it, and has a high alcoholic content. Extensive research has revealed that the regulations relating to beer concentrate were premised on a process which concentrated beer to between 3/4 and 1 /4 or less of its original volume. ATF believes that de minimis removals of beer volume were not considered when the beer concentrate regulations were promulgated. Thus, ATF concludes that beer made by the removal of small amounts of ice crystals is beer rather than a concentrate made from beer.

ATF has also examined statements of process for ice beers. Our examination has found that the volume removed as ice crystals does not exceed 0.5 percent of the volume of the beer entered into the process. ATF thus concludes that removal of up to 0.5 percent of the volume of beer through the removal of ice crystals is customary industry practice and results in a product which may be considered beer.

And in freeze concentrating cider, or wine in an icewine, you're doing the same thing, you're not separating the alcohol from the mash through the process of distillation, you're removing a measure of WATER from the base beverage. Kinda like how you reduce a pansauce in cooking.

It's also semantic, but remember interpreting the law is all about semantics, so when dealing with legal speaking bureaucrats, I've noticed that how you ask the question determines what the answer will be.

You asked about applejack, which has a definition. I've noticed that many of the folks who have gotten the "it's illegal" answer from the ttb have used similarly legal loaded words INCLUDING "Freeze Distillation." So it's all about how you phrase the question.

 

[brewbobaggins]

Yeah, I've seen those posts before and wow. That's ridiculous. Thanks for sharing. I just wish TTB had it together well enough to give a clear answer to everyone, no matter how the question's asked.

 

[ACbrewer]

I think your use of the term "applejack" is what triggered the semantics police in that answer. ..(stuff deleted)...

wine in an icewine, .

Sorry to be the sematics police.. but icewine is a type of wine made by freezing the grapes and getting a sugar concentrate. The wine created is a desert wine. If you go to the store to buy one, it will be a normal abv level but really sweet.

I realize the confusion because eisbeer or icebeer is freeze concentrated. I'm not sure what the proper term for freeze concentration of wine would be because icewine is taken.

But this actaully is the exact point Revvy is making - applejack has a specific meaning to the TTB but freeze concentrated hard cider doesn't - or has a different meaning.

 

[Revvy]

Yeah, I've seen those posts before and wow. That's ridiculous. Thanks for sharing. I just wish TTB had it together well enough to give a clear answer to everyone, no matter how the question's asked.

Didn't you know, "legalse" is the pencil neck geek term for "To cover one's asses (and/or assets.)" Have you even known it to be clear cut?

 

[Unferth]

Seriously. that's some silly ass ****, pardon my french.

I regularly cold store my wine and higher abv ciders around freezing. it helps to clear them and in the long term can impart some great tastes. If I let the freezer get too cold, that could separate. If I store my cider in my shed and the heater goes out, I've just made apple jack (and a mess).

This is a totally different deal than building a still and running shine. You can at least prove intent with a still.

 

[brewbobaggins]

No, I suppose not. Was just hoping it would be this time for some reason. Thanks guys.

 

[PintoBean]

Legal or not, when was the last time the TTB showed up at your house to check out your homebrew operation? Just saying...

 

[Revvy]

This is very interesting, from another forum. It's actually multiple quotes, hopefully it won't be too confusing.

Just for good measure, I am including the email I got from the Beer Guy at the TTB as well. My take on all this is that you have a lot of latitude to make some incredbily harsh and bad-tasting wine and beer.

MF,

You're welcome. There is no alcohol by volume limit on beer at the Federal level.
So, as long as you are brewing beer and meet the regulations I showed you in an
earlier email, then there would be no prohibition at the Federal level as to what
you are doing that I am aware of. Thanks.

Bob Adams
Industry Specialist
Alcohol and Tobacco Tax and Trade Bureau
National Revenue Center
550 Main St., Ste. 8002
Cincinnati, OH 45202-5215
(513) 684-2791

-----Original Message-----
From: [email protected] [mailto:[email protected]]
Sent: Tuesday, June 23, 2009 1:28 PM
To: Adams, Robert E.
Subject: Re: FW: Question about home concentration

Hello Mr. Adams,

I wish to thank you for the prompt reply to my question. Since the Federal
restrictions on home produced wine and beer are limited to a production
thresh and on who consumes the product, then is it correct that freezing a
wine or beer to remove ice and produce a product with higher alcohol
levels is not prohibited? Is there any Federal limit on how high the
alcohol level might be raised using this method?

Again, thank you for being so helpful.

MF

> MF,
>
> Here is the reply from our Beer Industry Analyst to your question:
>
> Federal restrictions on home produced wine and beer are limited to a
> production threshold and on who consumes the product. However, the label
> on a wine or beer product that has been produced from concentrate for the
> domestic (commercial) market would have to disclose that it was produced
> from concentrate. (See ATF Ruling 94-3 - Ice Beer)
>
> So, at the Federal level, the Federal laws/regulations just address who
> can produce beer for home usage and how much they can produce. Here is
> that regulation, Section 25.205, Part 25 - Beer, Title 27, Code of Federal
> Regulations:
>
> 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.
>
> © Partnerships except as provided in §25.207, corporations or
> associations may not produce beer, without payment of tax, for personal or
> family use.
>
> It does not address a beer or wine product that has been produced from
> concentrate: that is just addressed on the commercial side. Thank you.
>
> Bob Adams
> Industry Specialist
> Alcohol and Tobacco Tax and Trade Bureau
> National Revenue Center
> 550 Main St., Ste. 8002
> Cincinnati, OH 45202-5215
> (513) 684-2791

> -----Original Message-----
> From: [email protected] [mailto:[email protected]]
> Posted At: Friday, June 19, 2009 10:52 AM
> Posted To: Beer & Brewing
> Conversation: Question about home concentration
> Subject: Question about home concentration
>
> Dear madam or sir:
>
> A frequent question arises among home wine and beer makers regarding the
> production of beers/wines which are concentrated by freezing with the
> elimination of water crystals. This may allow an ordinary wine to be
> concentrated to a level of 20-25% alcohol by volume. Is it permissible
> under the Federal law and current rules/regulations to use freeze
> concentration in the production of home wines and beers?
>
> With appreciation for your time,
>
> MF

I was concerned about that in his first reply which is why I restated the question very clearly. His answer satisfies me that it is not illegal (per federal regulations) to make beer at home using any process you may choose as long as you are following the limits for amount, and who consumes it. If your beer happens to wind up with 25% ABV, you have not violated the regulations as they apply to making beer.

With wine, you have the same ability and freedom, except that with wines, if you go above 24% ABV, it is no longer classified as wine, and you are prohibited from making it under the home wine exemption. So freeze concentration at home would be okay as long as the final product is still home wine.

This is not distillation, in which you produce a concentrated alcohol that is not wine or beer. Here you are making a wine or beer that is concentrated but it is still a wine or beer, and that is the distinction. It may not sound completely logical, but then what federal government regulation does? That is why I now believe that making freeze concentrated beer or wine is not prohibited at home under federal regulations. However, I'm not recommending that anyone do so, and by all means, check state and local regs.

 

[brewbobaggins]

Thanks, Rev.

 

[saramc]

I think everyone needs to remember that distillation can be achieved without the traditional moonshiners still; there is more than one way to skin a cat.

I do not have my email from Ohio TTB back in 2011 but I recall that I was told that freeze concentrating a fermented beverage such as wine, beer or cider was illegal on the homefront as it was considered distillation because ... you are separating the alcohol from the mixture, ie distilling. They even pointed out that one could freeze concentrate unfermented juice with no issue. It seemed to me that this individual knew what I was asking about and had the proper answers.

Perhaps everyone should contact the Distilled Spirits Area at the National Revenue Center in Cincinnati, OH and ask them to add this topic to their FAQ section --- Email: [email protected]
http://www.ttb.gov/spirits/contact.shtml
http://www.ttb.gov/spirits/index.shtml

A visit to wiki brings up(I know wiki, but it was the same methods we covered in chemistry back in the 80s...distillation can be achieved without your typical hot, pressurized still):
Freeze distillation, the "Mongolian still", is known to have been in use in Central Asia sometime in the early Middle Ages. This technique involves freezing the alcoholic beverage and then removing the ice. The freezing technique had limitations in geography and implementation, so was not widely used. See wiki for the rest... http://en.m.wikipedia.org/wiki/Distilled_beverage

 

[MarkKF]

I'm sure a fed agency is gonna knock on my door for 16 bottles of hi-test cider. No white lightning here.

 

[ACbrewer]

distillation is viewed as seperating alcohol from the starter alcohol. Concentrating is taking the water out. Results? about the same from a beverage pov (ok, not exactly, but stay with me here).

From a TTB pov both from emails and from the TTB web site? they consider the seperating of alcohol being permitted only by licensed distillers, but the removal of water to be permissible.
- usually caveats of your millage may vary, not folding, spindelating or mutilating, etc and the universe being shipped by weight, not volume, so some expansion may have occurred in shipping.

 

[mattd2]

This is very interesting, from another forum. It's actually multiple quotes, hopefully it won't be too confusing.

This response leads to another question.
Say you are on your 200 gallon limit for the year, but you want to brew more. Can you freeze concentrate 20 gallons down to 15 and sqeeze in another 5 gallon batch?

 

[brewbobaggins]

Ha. I love it. Or because it's 200 gallons per bousehold (w/ 2 adults), could you just brew them at a friend's and ferment them at your place? And what about brewing in a park? Would that count towards your 200? Hmmm...

 

[Unferth]

JeepinJeepin originally posted this image in our previous forum on AppleJack.

Perhaps the distinction between legal fractional freezing/freeze concentrating and freeze distillation has to do with the temperatures you are freezing at.

For instance, If I freeze my cider down to -109F, Everything except for ethanol will freeze. If I then collect the ethanol I have separated the ethanol from the solution

If, however, I freeze my 10% Apfelwein at 25F, the only thing that freezes is the water. I remove the frozen water and keep the rest of the solution. I have not separated the ethanol, but the water from the solution. the ethanol never came out of solution as it does in heat distillation.

 

[brewbobaggins]

Possibly. I just got this from the ABC of California. Seems like the important thing is that 24% ABV limit apparently...

Your email was forwarded to me for response. Section 23356.2 of the Alcoholic Beverage Control Act allows adult individuals in California to manufacture limited quantities of beer and wine for personal/family use and not for sale. Here is the full text of this statute:

-------

23356.2. (a) No license or permit shall be required for the
manufacture of beer for personal or family use, and not for sale, by
a person over 21 years of age. The aggregate amount of beer 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) No license or permit shall be required for the manufacture of
wine for personal or family use, and not for sale, by a person over
21 years of age. The aggregate amount of 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.
(c) Any beer manufactured pursuant to this section may be removed
from the premises where manufactured for use in competition at
organized affairs, exhibitions, or competitions, including homemakers'
contests, tastings, or judgings.
(d) Any wine made pursuant to this section may be removed from the
premises where made for personal or family use, including use at
organized affairs, exhibitions, or competitions, such as homemakers'
contests, tastings, or judgings. Wine used under this section shall
not be sold or offered for sale.
(e) Except as provided herein, nothing in this section authorizes
any activity in violation of Section 23300, 23355, or 23399.1.

-------

The manufacturing of hard cider would be permitted under the above section since hard cider is classified as a wine that contains not more than 24% ABV (23007 B&P). However, once you process the hard cider using the freeze concentrate method the hard cider is is no longer a wine product (since it would be well above the 24% ABV) and would be classified as a distilled spirits. There is no provision in the ABC Act that allows unlicensed persons to legally manufacture distilled spirits for personal use so you would not be allowed to manufacture “applejack’ in California for personal use. If you wanted to manufacutre the product on a commericial basis you would need to obtain a Distilled Spirits Manufacturer (Type 04) license from ABC and the person must meet certain federal requirements (see www.ttb.gov for information about those federal requirements.)

 

[ACbrewer]

Seems like the important thing is that 24% ABV limit apparently...

Yeah I've seen that for wines that must be atleast 6 or 7 % and no more than 24% on the TTB site (I think it is 24, I'm doing this from memory). and outside of those ranges, it isn't wine. Poses the question, below 7 or 6 % is it juice?? for TTB, no malt = no beer, any malt=beer. While those who make honey beer or make a braggot might argue when it goes from beer to mead, the feds are clear*, if you add malt, it is beer.

* as clear as any of this is, think Wizen or Wheat beer clear

 

[Unferth]

Yeah I've seen that for wines that must be atleast 6 or 7 % and no more than 24% on the TTB site (I think it is 24, I'm doing this from memory). and outside of those ranges, it isn't wine. Poses the question, below 7 or 6 % is it juice?? for TTB, no malt = no beer, any malt=beer. While those who make honey beer or make a braggot might argue when it goes from beer to mead, the feds are clear*, if you add malt, it is beer.

* as clear as any of this is, think Wizen or Wheat beer clear

Haha, so if I want to make applejack above 24%(which isn't typical by the way, I've been monitoring freezing temps and volume reductions, most home freezers won't go above 20 %) ill just freeze my Graf!!

I say stick to the letter of the law, but not the spirit: the federal govt has no soul to speak of anyway

 

[ACbrewer]

Haha, so if I want to make applejack above 24%(which isn't typical by the way, I've been monitoring freezing temps and volume reductions, most home freezers won't go above 20 %) ill just freeze my Graf!!

I say stick to the letter of the law, but not the spirit: the federal govt has no soul to speak of anyway

well since you list youself as in Vancouver, BC I have 2 comments. 1. I'm not sure the US federal gov't cares about your brewing - scratch that, I'm sure some 'PITA' does care, but said person has no jusridiction. 2. you're in Canada, doesn't it get cold enough there to do freezing outside? - ok maybe not in BC.

 

[Yuri_Rage]

This is an excellent discussion, and thanks to those of you who have contacted the TTB.

As far as our forum rules, the site admin has agreed to allow freeze concentration discussions provided that the term, "freeze concentration" is used, vice any reference to or use of the term, distillation.

 

[Unferth]

well since you list youself as in Vancouver, BC I have 2 comments. 1. I'm not sure the US federal gov't cares about your brewing - scratch that, I'm sure some 'PITA' does care, but said person has no jusridiction. 2. you're in Canada, doesn't it get cold enough there to do freezing outside? - ok maybe not in BC.

haha. I'm American, living here temporarily for work. I pay taxes to both countries, so I feel like I'm free to moan about the soullessness of either of them. and they ARE soulless.
When I get a chance I'll contact the BC equiv of TTB and see what they say--their listed guidelines aren't specific.

It never gets cold enough to freeze outside in Vancouver unless you go in the mountains. If you leave cider outside here, it will just get drank by all these poor Canadians paying way too much for beer and cider who haven't figured out homebrewing yet. In that case it would be charity, not freeze concentration.

 

[Unferth]

This is an excellent discussion, and thanks to those of you who have contacted the TTB.

As far as our forum rules, the site admin has agreed to allow freeze concentration discussions provided that the term, "freeze concentration" is used, vice any reference to or use of the term, distillation.

Sorry, Yuri_Rage, no more D words from my mouth.

 

[Cider123]

This whole thread with its multiple attachments of quotes is annoying and difficult to read. I'm going to go enjoy a beer and pass on trying to get through it.

The fact is when you jack you also concentrate the fusel chemicals, which may almost give you as much of a headache as reading this thread.

 

[LeBreton]

In reality, you're drinking the exact same amount of fusel alcohols in the unconsenrated cider, shouldn't give you any worse of a headache.

 

[Cider123]

In reality, you're drinking the exact same amount of fusel alcohols in the unconsenrated cider, shouldn't give you any worse of a headache.

You would have to drink more unconcentrated cider to get the same amount.

 

[LeBreton]

More volume yes, mostly water, but I have yet to meet anyone who drinks applejack by the pint. If you do, I'd think there would be worse problems than the fusels!

Give me a small tumbler of calvados (distilled legally or course) post dinner and I'm a happy fellow. Loosens the tong and sharpens the wit.

 

[dmf38]

If it was illegal to make applejack that would make it taste even better to me. But anyway, I thought it was perfectly legal to have a moonshine still and make small quantities of your own moonshine.

 

[ACbrewer]

If it was illegal to make applejack that would make it taste even better to me. But anyway, I thought it was perfectly legal to have a moonshine still and make small quantities of your own moonshine.

short answer - no you may not legally make moonshine or other distilled spirits without a license.

Long Answer
There are 3 types of alcohol recognized by the Fed's (and I think all states). At the Federal level, there is Beer a product of natural fermentation made with malt (aka barley). Wine a product of natural fermentation made with no malts. Thus hard cider, grape wine, mead (honey wine) etc are all wine for the Feds. They don't care about our distinctions. Lastly is 'distilled spirits' which is an alcohol beverage made through the evaporative concentrating of alcohol from either a 'wine' or 'beer' product.

These distinctions are done for taxing purposes, with taxes being levied per unit ( gallons for wine, barrels for beer, and percent alcohol per gallon for spirits). Failure to pay taxes - and be licensed for taxes results in fines and jail. Federal licensing is needed for any production of Beer or Wine over the 100/200 gallon Single/household limit and for all distilled spirits on federal law.

Most states allow some amount of personal manufacture of Beer or Wine for personal consumption - laws vary, check your state. Most states require a State license for the manufacture of distilled Alcohol.. Missouri I read in about 2012 allow you to make some personally BUT you still needed a Fed License to make it. This may have changed back to requiring a state license in addition to the Federal License.

 

[MarkKF]

Freeze concentrated is not distilled. Jack it up!

 

[k-moe]

Freeze concentrated is not distilled.

True enough, but...

https://www.reddit.com/r/Homebrewing/comments/2sgzw4/psa_regarding_freeze_distillation_for_us/

In other words; make darn sure that you don't exceed 24% ABV (the allowable limit for wine and cider), or 14% for mead.

 

[Yooper]

No. Maybe in your locality (unlikely), but not on our forum where you agreed to abide by our rules not allowing talk of distillation.