Homebrew Law - 200 gallon limit

[Barnesie]

This isn't a solicitation for legal advice, but I'm curious how to properly interpret § 25.205 and the federal legal limit per household. I'm a layman, but I'm not expecting lawyers to hop in here and correct me - this is for discussion purposes.

In my case, I operate something of a group homebrewery with several distinct individuals or entities sharing the same equipment. Some beer is fermented on premises, some off.

My questions is the "production of beer per household" seems to apply to a physical domicile and the limits set forth related to the residents contained within. If I interpret that correctly, then I should theoretically have a 200 gallon limit per calendar year. If I include the beer that is made in house, but fermented/packaged and otherwise consumed in another household as part of my legal limit - it's possible I could be eventually headed for a theoretical violation of the law.

This interests me for several reasons - when is homebrew wine/beer considered to be alcohol for the purposes of law? Is it when the yeast is pitched? Is it when the yeast has completed fermentation? Is it at packaging?

Depending on when the law considers it an alcoholic product, I'm either assisting others in making beer or I'm just helping them make wort and they're making the beer at their house. It's an interesting distinction, but it has an impact.

Then I also wonder - accoding to the statute, is it even legal to "homebrew" beer outside of the home - ie a non residence?

I have a decent setup and we have a good group of people brewing, but I would theoretically be hesitant to invite others to join if it compromises our "legality".

Thoughts?

 

[Pratzie]

This isn't a solicitation for legal advice, but I'm curious how to properly interpret § 25.205 and the federal legal limit per household. I'm a layman, but I'm not expecting lawyers to hop in here and correct me - this is for discussion purposes.

In my case, I operate something of a group homebrewery with several distinct individuals or entities sharing the same equipment. Some beer is fermented on premises, some off.

My questions is the "production of beer per household" seems to apply to a physical domicile and the limits set forth related to the residents contained within. If I interpret that correctly, then I should theoretically have a 200 gallon limit per calendar year. If I include the beer that is made in house, but fermented/packaged and otherwise consumed in another household as part of my legal limit - it's possible I could be eventually headed for a theoretical violation of the law.

This interests me for several reasons - when is homebrew wine/beer considered to be alcohol for the purposes of law? Is it when the yeast is pitched? Is it when the yeast has completed fermentation? Is it at packaging?

Depending on when the law considers it an alcoholic product, I'm either assisting others in making beer or I'm just helping them make wort and they're making the beer at their house. It's an interesting distinction, but it has an impact.

Then I also wonder - accoding to the statute, is it even legal to "homebrew" beer outside of the home - ie a non residence?

I have a decent setup and we have a good group of people brewing, but I would theoretically be hesitant to invite others to join if it compromises our "legality".
Thoughts?

Doesn't matter "WHERE" its brewed as long as its not then sold like brew in a bar setting. But that all comes down to tax revenue and the Fed not getting their piece of the pie (along with the state).

As far as the legality, i read somewhere here before, and forgive me as I cna't seem to find the link right now, that its the gallon total PER PERSON, not collectively as a group.

 

[LibertyBrewer]

If you don't keep records, and are not required by the .gov to keep records, how are they ever going to know?

 

[Barnesie]

Doesn't matter "WHERE" its brewed as long as its not then sold like brew in a bar setting. But that all comes down to tax revenue and the Fed not getting their piece of the pie (along with the state).

As far as the legality, i read somewhere here before, and forgive me as I cna't seem to find the link right now, that its the gallon total PER PERSON, not collectively as a group.

So I'm not a lawyer, but your interpretation of the law as written doesn't really make sense. I understant the logic of of what you're saying but I don't think it holds water. I think if the law was specifically "per person" then it wouldn't stipulate the 100/200 gallon limit depending on if the household contains one adult or "two or more adults".

As written, it pretty specifically does not scale past two adults (ie - 300 gallons for three, 400 for four and so on) it just says a limit of " 200 gallons per calendar year if there are two or more adults residing in the household, or100 gallons per calendar year if there is only one adult residing in the household"

If you don't keep records, and are not required by the .gov to keep records, how are they ever going to know?

Here lies the problem, I do keep records for myself but one of my long-term intentions is to keep much better published records eventually in the form of a blog. That blog would obviously be ill-advised if it recorded and published an actual violation of Federal law.

 

[Phunhog]

It is 100 gallon per person or a max of 200 gallon per "household". As far as where the beer is made....It really only matters where the beer is fermented. I know of commercial breweries that on occasion give away wort and the homebrewer ferments it at home. Nothing wrong with that. Of course none of this really matters since no one keeps track of the amount of beer produced.

 

[LibertyBrewer]

If you had records, say recipes and notes on recipes without dates, we're back in the same boat.

I have a bunch of recipes of beers I have brewed. I have notes some of them handwritten on the recipes, but again with no dates.

I think having a blog about your brewing experiences is great.

Personally, I think they added a number to separate the amateurs from the commercial brewers. I hope we never have to worry about the revenueers showing up at the front door to haul us away for making 120 gallons of beer in 2011.

 

[reverendj1]

It's actually very straightforward, I don't understand why so many people have trouble understanding it.

Statute
United States Code of Federal Regulations Title 27, Part 25, Subpart L, Section 25.205 and Section 25.206
Beer For Personal or Family Use

§ 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.
(c) Partnerships except as provided in §25.207, corporations or associations may not produce beer, without payment of tax, for personal or family use.
§ 25.206 Removal of beer.
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.

It is 200 gallons per household (assuming 2+ adults live in said household). Beer is made/defined as when you pitch. You can have all your buddies come over to your house to brew, and it won't count towards your total if they bring it home and then pitch the yeast.

Now, with your situation, if you are not brewing in a home and are with some sort of collective, then (C) may come into play, but I really don't know.

 

[reverendj1]

Actually, I would have to assume it is completely legal to brew outside of a residence. Our LHBS organized a huge brew day for National Homebrew Day where we all brewed in the middle of downtown Grand Rapids and the mayor even showed up and gave us a toast.

 

[cruizer8]

My interpretation is that its up to 200 gallons per household. If the people in your group aren't a part of your household, then they get there own limit. Regardless of where it is brewed, if it is their beer it counts towards their limit. For instance, if a group had 10 people that all had their own places, the group could theoretically brew up to 2000 gallons.

 

[Gitmoe]

It only matters where the yeast is pitched. If they take wort home and then pitch it's on their tally not yours. A 12yr old can make all the wort they want and it's not illegal in any way. However, they can't pitch yeast. So don't let your kids put the yeast in the fermentor. That's illegal. This is why you don't have to be 21 to purchase any homebrewing equipment or ingredients. It's all about who pitches and where it's pitched...

 

[Francus]

In reality, as long as you aren't selling, no one will come knocking asking for records or anything. I keep a logbook and can tell you every brew I've ever made, the date, the recipe, the volume, everything. At one point in college I was probably brewing 30-40 gallons a month for my fraternity. It was all given away and no one ever showed up to ask.

But, start selling it and sooner or later someone will inform the law then you'll be in a world of hurt.

Not sure if bartering counts as selling. I steer clear of bartering as well. Better to give it away than worry about the ATF breathing down my neck.

 

[roastquake]

Don't worry about it, they aren't looking for homebrewers. Meth is the problem they should be more concerned about

 

[Pratzie]

So I'm not a lawyer, but your interpretation of the law as written doesn't really make sense. I understant the logic of of what you're saying but I don't think it holds water. I think if the law was specifically "per person" then it wouldn't stipulate the 100/200 gallon limit depending on if the household contains one adult or "two or more adults".

Sorry I misread, I assumed u knew about fermenting off sight or elsewhere from your place where it may be mashed/boil/etc outside of ur domicile. As the law is read, at least to MY understanding, thats where it matters.

 

[Mabus]

I don't see anything in the law forbidding the creation of wort. Personally, if I brewed wort such as you and your friends do, I would wait to pitch the yeast at home anyway. If the equipment was at my place I would want the others to take it with them also but I don't have a lot of storage space.

 

[Barnesie]

My interpretation is that its up to 200 gallons per household. If the people in your group aren't a part of your household, then they get there own limit. Regardless of where it is brewed, if it is their beer it counts towards their limit. For instance, if a group had 10 people that all had their own places, the group could theoretically brew up to 2000 gallons.

This is actually kind of the long-term intention, to brew tons among the group. I've had interest from others and have encouraged people to come and brew with us to make their own beer on our equipment. I've even given thought to how this could work as a completely non-profit brewery share, more like a No-Op then a Co-Op, where people could be invited to bring their own ingredients and make a batch of beer with no money changing hands.

Obviously this is theoretical and none of this is taken as legal advice.

Personally, it would be pretty easy to go over 200 gallons for my household alone (even with two adults) for private use, though I haven't tried yet. VA law is even more restrictive in that I'm only allowed to give 72 ounces of alcohol per year to other individuals which is a bit nuts. Lucky for me, my log that tracks how much beer I let people take from my kegs has gotten misplaced.

Thinking of it in a "tax determination" scenario, the government doesn't tend to care about commercial brewing until fermentation is done and ready for packaging if I remember correctly. Since I know the ATF won't be busting in the door of my garage any time soon, for piece of mind I will probably only consider it beer once it's bottled or kegged for purposes of tracking.

 

[Phunhog]

My interpretation is that its up to 200 gallons per household. If the people in your group aren't a part of your household, then they get there own limit. Regardless of where it is brewed, if it is their beer it counts towards their limit. For instance, if a group had 10 people that all had their own places, the group could theoretically brew up to 2000 gallons.

I believe that is why brew-on-premise (BOP) places are legal. The BOP is not held to a limit...the individual is.
Basically the law is worded this way because they have to put some sort of limit on it. It has never been enforced and it is extremely doubtful that it ever will be. Too many variables......