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berkeleybrew

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hey does anyone actually obey the 100/200 gallon or whatever the law is? I guess thats actually a lot, but who cares if it's more than that?
 
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berkeleybrew

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Haha, I'm sure ATF does care, but who's to say that I made 400 gallons, meaning im a severe alcoholic, and not 100
 

magno

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I dont think it is enforcable. It is maily there to keep homebrewers from selling their beer.

I "obey" this law mainly because I dont have the capacity for 200+ gallons of bottles, nor the time to brew 200+ gallons a year.

- magno
 

david_42

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I think Michael might have exceeded that back when we were brewing in Oakland, but since I was brewing with him & he was living with someone, it averaged out ok.
 
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berkeleybrew

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I believe for individuals you can only make 100 gallons/year, and for a household, you can make 200 gallons/year.
 

homebrewer_99

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Below is the USA law. Go here to select your state law: http://www.beertown.org/homebrewing/legal.html

Legal Status of Homebrewing in the U.S.A.
Updated: 9/95
United States Federal Government
Status: Permitted, subject to age restriction and amount (gallonage).
Statute:
United States Code Title 26, Subtitle E, Chapter 51, Subchapter A, Part I, Subpart D, § 5053 provides an exemption to the code permitting the production of beer for personal or family use. § 5052 provides a definition for beer (see applicable statutory material).

Discussion:
The 1978 amendment to § 5053 added subsection (e) thus federally recognizing the home production of beer. Amendment XXI (1933) of the United States Constitution repealed the prohibition of intoxicating liquor (Amendment XVIII [1919]). However, section 2 of Amendment XXI and state police power gives states the authority to regulate the production, transportation and possession of intoxicating liquors. Therefore the home production of beer is recognized by federal statute so long as such production is not in violation of state law.

Special Provisions:
N/A

Alcohol Beverage Control Agency:
Bureau of Alcohol, Tobacco and Firearms
650 Massachusetts Ave.
Washington, DC 20226
(202) 927-8700

Applicable Statutory Material:
§ 5052 DEFINITIONS

(a) Beer.--For purposes of this chapter (except when used with reference to distilling or distilling material) the term "beer" means beer, ale, porter, stout, and other similar fermented beverages (including sake or similar products) of any name or description containing one-half of 1 percent or more of alcohol by volume, brewed or produced from malt, wholly or in part, or from any substitute therefore.
§ 5053 EXEMPTIONS
(e) Beer for personal or family use.--Subject to regulation prescribed by the Secretary, any adult may, without payment of tax, produce beer for personal or family use and not for sale. The aggregate amount of beer exempt from tax under this subsection with respect to any household shall not exceed--
(1) 200 gallons per calendar year if there are 2 or more adults in such household, or
(2) 100 gallons per calendar year if there is only 1 adult in such household.
For purposes of this subsection, the term "adult" means an individual who has attained 18 years of age, or the minimum age (if any) established by law applicable in the locality in which the household is situated at which beer may be sold to individuals, whichever is greater.

Note: The information presented here is to the best of our knowledge and should not be used as a substitute for legal advice specific to the laws of your state.
 

david_42

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200 gallons for the whole household? Good thing Mormons don't drink!
 

Monster Mash

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Most homebrewers would not have 200 gallons on hand at any one time so there is no way they could know how much you brewed.

Right now I am up to 150 gallons so far this year but I only have about 80 gallons in stock and now that its getting hot I'll slow down the pace . I have a recipe book but I don't keep track of when I brewed and I don't keep track of inventory. I started off the year with enough grain for 300 gallons which would be twelve 25 gallon batches.
 

makingitgood

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we are only allowed to still 200 gal of moon shine a year? lol, whos lookin?
 

digdan

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Has anyone personally brewed over 200 gallons of beer in a year? At the rate I'm going I will hit 200 in Novemeber( if not sooner).

I would be honored to get a fine for brewing soo much beer. I would frame it and hang it on my office wall

:mug:
 

chillHayze

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Interesting HB Bill...
You can brew at 18 but have to age it for 3 years before you can legally drink it.



As far as the law being enforced: Let's say you are caught selling. The ATF **COULD**
1. Search your promash DB looking for recipies for 200+ gallons
2: Check with online retaillers to see if you had purchased enough supplies to make 200+ gallons in the past year.
3: Ask your wife.
4: You could have 40+ cornies of HB on tap. In which case you might as well commit suicide because you will then instantly ascend to beerheaven and become the king of the land for all eternity. <--Sweet
 

Ize

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chillHayze said:
Interesting HB Bill...
You can brew at 18 but have to age it for 3 years before you can legally drink it.



As far as the law being enforced: Let's say you are caught selling. The ATF **COULD**
1. Search your promash DB looking for recipies for 200+ gallons
2: Check with online retaillers to see if you had purchased enough supplies to make 200+ gallons in the past year.
3: Ask your wife.
4: You could have 40+ cornies of HB on tap. In which case you might as well commit suicide because you will then instantly ascend to beerheaven and become the king of the land for all eternity. <--Sweet


The true question lies in #3. Exactly what penalties will you bring down upon yourself if you are busted selling and SWMBO finds out about it? :drunk: (UNLESS, you are selling to HER friends and/or family. Then you earn bonus points and the ATF might give you a medal.) :D


Ize
 

cowain

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The states still friggin amaze me. I checked Utah's beer law (just for fun, because I knew the crazy mormons would have a more stringent beer law) and sure enough, they have attempted to withdraw the federal homebrew exception.

It's called preemption. Every state should get a law professor to explain it to them. The federal gov't has preempted state law in the area of homebrewing and created an exemption. This means the states can't do crap in that area anymore as it is now governed by federal law. Stupid states. pssh.
 

SpecialEd

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Hey I heard that. Im in utah and im sick of the whole situation. I used to work at a food-pub, we couldent offer customers a drink list, they had to ask for it. You can only buy liquor/wine at the State Liquor Store and that has limited hours... 10-10,not on Sundays. They are ALWAYS trying to mix church and state. I dont know about anywhere else but Ive never heard of another state allowing students to leave public school and get high school credit for classes attended at "seminary," a LDS church built across the street from every sincle school.

Does anyone have a reference on preemption?
 

cowain

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http://en.wikipedia.org/wiki/Preemption_(law)

is a pretty decent reference. Preemption is a fairly complicated legal field, but its concepts aren't that difficult to understand generally. You can also search preemption in the field of arbitration to see how it has been applied to one particular field based upon one particular federal law (Federal Arbitration Act).
 

Kaiser

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BTW,

In Germany you would have to register each batch (original extract and cast out voulme) with the authorities. They may also come out and check out your brew house system.

Kai
 

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