Homebrewing in NJ ILLEGAL w/o permit!!!

[sirsloop]

I cant f***ing believe it... f***ing NJ has a f***ing tax for ever f***ing *** damn thing on this f***ing planet. f*** NJ.

In 1995 as per §33:1-75, there was a $3 fee for a permit. Says here on the ABC webpage that I have to pay $10 to homebrew legally.

http://www.state.nj.us/oag/abc/faqs.html#CAN

New Jersey resident, over the age of 21 may engage in the personal manufacture (or “home brewing”) of up to 200 gallons of wine or malt alcoholic beverage (beer) for personal or household use or consumption. To lawfully engage in this activity a $10.00 permit must be obtained from the Division of ABC. All wines or malt alcoholic beverages manufactured pursuant to this permit may not be sold under any circumstances, nor may they be used for any purpose other than for personal or household use or consumption of the person to whom the permit was issued. This permit allows the manufacturer of wines and malt alcoholic beverages within the homes of the permittee or other authorized premises during the permit period. In certain circumstances, home brewing is permissible outside of the home of the permittee if the place of brewing is an authorized “noncommercial” premises in addition to other specific requirements. The owner of a warehouse used with this permit must obtain a public warehouse license from the Division of ABC.

Finally, any wine or beer manufactured on a noncommercial premises is subject to the same limitations for products brewed at home: namely, that there is a 200 gallon per year limit per permittee and the wine or beer produced on the noncommercial premises may not be sold under any circumstances, nor may it be used for any purpose other than for personal or household use or consumption by the licensee or permittee.

WAIT!!

Then I looked at the permit, AND THEY ANTED IT UP ANOTHER $10 to 20 bucks!!

http://www.state.nj.us/oag/abc/downloads/hbp.pdf

$20 fee!!! Greedy f***s! I'll shove a jackson up the ass of the cop that comes to my door asking about my homebrew :rockin:

 

[homebrewer_99]

I'm NJ born and bred...that's why I don't live there anymore...and never will again...:rockin:

 

[sirsloop]

Im probably move to FL after I have enough experience to comfortably land a better job. Network Engineering usually takes a good 3-5 years experience to be considered... I have 1 with this "title"

 

[the_bird]

i would think that would be only one of MANY reasons not to live in New Jersey....

 

[chillHayze]

Move across the river.

 

[david_42]

From Modern Man: "I give up, I won't even try. I guess you have to move to New Jersey to die. Only thing wrong there, how would you know when you're dead?"

Went to High School in NJ, in the late '60s. Been back once, but I was just driving through to Philly.

 

[Porter fan]

F*** em!!I live in Michigan and the dumb ***** running the show here thinks its ok too raise all the fee's she can..I surprised that she has'ent went after HBing.

 

[Radarbrew]

They'd have to get past my front door first, and my doorman is named "Mossberg"

 

[bassplayrr]

All wines or malt alcoholic beverages manufactured pursuant to this permit may not be sold under any circumstances, nor may they be used for any purpose other than for personal or household use or consumption of the person to whom the permit was issued.

This little line here also implies that not only can it not be sold (fairly obvious) but that the permit holder is the only one technically allowed to consume the beverage. So I guess even sharing a few of the brews with friends, for free, is out of the question.

-Chris

 

[Porter fan]

They'd have to get past my front door first, and my doorman is named "Mossberg"

Ha Ha That's a good one!

 

[budbo]

Be a Criminal Brew on Brothah!!!

Screw their permit!

 

[Schlenkerla]

I don't understand how that could be enforced. Especially if none of your house guests are from the ABC or ATF.....

What police department going ask for a warrant to confiscate less than $1000 worth of personal HB? What judge would sign the warrant?

I assume the consequences would be like fishing without a fishing license. If they catch you they might confiscate the brew & equipment or hit you with a hefty fine.

They have to catch you first! - Start getting worried if you need a permit or license to buy stuff at the HBS.

I would play ignorant on this tibit of info like you never new about it at all.

How did you find out about this? It sounds a silly as taxing emails.

 

[todd_k]

I was born and raised in NJ and just returned from a weekend visit. Shame on all of you who badmouth the Garden State!

 

[sirsloop]

Yeah, cant say i'm too thrilled about living in the garbage state.... sorry....

outragous taxes, ******* citizens, lousy traffic/drivers, corrupt government, garbage and foul smells everwhere, ridiculously high cost of living. Its a far cry from what I was used to up in Ithaca, NY. Taxes may not have been great, but the average citzen is normal, couteous, and honest, and you can drive down the thruway without smelling NYC's 100 acre trash pile. Lol... every time I drive through Secaucus I hold my breath for like 10 minutes.

 

[todd_k]

I'm sure Ithaca would love to have you back.

 

[cowain]

Practice a little civil disobedience - don't obey it and hope they catch you doing so. Then challenge the law (preempted by Fed. homebrewing law).

 

[sirsloop]

more heat that im looking for... i just want to brew my belgiun wit in peace without paying duty to our ******* government. My $20 would go straight into (one of many) Gov. Corzines pensions.

 

[Lou]

Practice a little civil disobedience - don't obey it and hope they catch you doing so. Then challenge the law (preempted by Fed. homebrewing law).

without any knowledge of the text of the law, i doubt the federal law disallows states from somehow regulating homebrewing...

(it's always good to start a statement by essentially saying "i don't know wtf i'm talking about, BUT.....")

 

[budbo]

Clearly Liberals don't brew beer.

 

[Dave R]

We can't even get a permit in Alabama to do it legally. Strictly forbiddden and all liquor/beer/wine sales done by the state and controlled by the state. You might be surprised to find out it's illegal in your state too, like I was.
Here's a website to find out:http://www.beertown.org/homebrewing/legal.html

 

[kornkob]

Clearly Liberals don't brew beer.

*rolls eyes* Yeah, that's why homebrewing is illegal in all the other blue states. Besides, wasn't it Carter that signed the federal law making homebrewing legal?

Besides-- which party was in power when they made homebrewing illegal in NJ. According to the information at this site: http://www.beertown.org/statutes/newjersey.htm NJ instituted the licensing in 1995

 

[BrewProject]

We can't even get a permit in Alabama to do it legally. Strictly forbiddden and all liquor/beer/wine sales done by the state and controlled by the state. You might be surprised to find out it's illegal in your state too, like I was.
Here's a website to find out:http://www.beertown.org/homebrewing/legal.html

that's a very interesting site.

Someone needs to start a thread linking to that site and then the mods need to STICKY it...

I can only brew a 4% ABV Beer by law

 

[the_bird]

Carter was the one who signed the Federal legislation allowing homebrewing into law. Can't find much more of a right-wing nutjob than Jimmy Carter.

 

[homebrewer_99]

We can't even get a permit in Alabama to do it legally. Strictly forbiddden and all liquor/beer/wine sales done by the state and controlled by the state. You might be surprised to find out it's illegal in your state too, like I was.
Here's a website to find out:http://www.beertown.org/homebrewing/legal.html

But I've been to a HBS in Birmingham...

 

[BrewProject]

But I've been to a HBS in Birmingham...

Alabama has recently passed the ALABAMA BREWPUB ACT which authorizes limited operation of brewpubs in the state.

http://www.beertown.org/statutes/alabama.htm

 

[the_bird]

But I've been to a HBS in Birmingham...

Maybe it's like going to a headshop elsewhere in the country. It's not illegal to BUY the paraphenelia....

 

[budbo]

boy lefties are so testy

 

[G. Cretin]

Tx. law is wierd about it but it's legal. They define anything above 4% ABV as malt liquor. I guess the O.G's in the monistary are old school with the malt liqour.

 

[budbo]

Nebraska allows anything that doesn't get distilled

 

[Glibbidy]

New Jersey and you, Perfect together.

 

[Dave R]

I know Bill. I'm the one that met you there in Birmingham. Stange isn't it...they allow the selling of parts, pieces and ingredients, but won't allow homebrewing?
They did say no one has been procecuted since the 50s though.

 

[homebrewer_99]

I know Bill. I'm the one that met you there in Birmingham. Stange isn't it...they allow the selling of parts, pieces and ingredients, but won't allow homebrewing?
They did say no one has been procecuted since the 50s though.

Strange, Dave...homebrewing didn't become legal again until 1978-9...what are you thinking about...???

How's the $2 pint nights at the Fox and Hound? Still crowded? Say howdy to the guys at the store.

Glad you're still around.

 

[Dave R]

Just quoting the website, Bill.
Here's the quote:"Alabama case law illustrates a historical trend in which the court has held homebrew to be a prohibited liquor. Up until the 1950s certain individuals have been convicted for the unlawful possession of prohibited liquor.

So I don't know what to think.

I haven't been to F&H lately, nor down to the HBS, but I'm starting a new driving job tomorrow and should be able to be home every night from now on and have 2 days off. Things are looking up.

 

[homebrewer_99]

I was down there the week before the 4th, but was very busy at the depot and didn't have time to have any fun.

 

[BrewProject]

I was down there the week before the 4th, but was very busy at the depot and didn't have time to have any fun.

just out of curiosity, does this mean 6,015 brews

#6015-Pumpkin Pale Ale

 

[homebrewer_99]

No. It's the 15th brew of 2006. It's from the Julian calendar we use in the military.

I know I'll never one more than 999 brews in a year so I could have dropped one of the zeroes, but I've been using 4 characters for 30 plus years it's second nature.

Last year I brewed 21 or 22 batches so they were 5021 and 5022 respectively.

 

[BrewProject]

No. It's the 15th brew of 2006. It's from the Julian calendar we use in the military.

I know I'll never one more than 999 brews in a year so I could have dropped one of the zeroes, but I've been using 4 characters for 30 plus years it's second nature.

Last year I brewed 21 or 22 batches so they were 5021 and 5022 respectively.

cool, i know you are one of the experienced brewers around here. i was just wondering....

21/22 batches a year, damn strong ratio!!! :rockin:

 

[homebrewer_99]

cool, i know you are one of the experienced brewers around here. i was just wondering....

21/22 batches a year, damn strong ratio!!! :rockin:

...and I was on the road 22 weeks last year. I haven't traveled that much this year. I've been out for 11 weeks so far this year and on 6016 or 17 now.

 

[Toilet Rocker]

Didn't know about this...now I know what i have to do this weekend...BREW!

 

[cowain]

without any knowledge of the text of the law, i doubt the federal law disallows states from somehow regulating homebrewing...

(it's always good to start a statement by essentially saying "i don't know wtf i'm talking about, BUT.....")

I just wrote my law review article on arbitration (obviously not the same as homebrewing) but preemption of state law by federal law was a big deal in the note. Virtually all state arbitration laws have been held by the U.S. Supreme Court to be preempted by the Federal Arbitration Act. I'd apply similar logic to this situation and say that the state laws governing homebrewing have been preempted by the federal law governing the field.