Legal Homebrew Age?

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Apoxbrew

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Specifically in the state of Oregon if anyone knows for certain. Just had someone tell me it was legal to home-brew at 18. Doesn't seem right to me though since ultimately you're producing a product you can't (legally) consume until 21.

Anyone know for sure. Better yet, point me to the law/statute so I can pass the info along?

Thanks!
 
Generally, most homebrew stores don't require you to be 21 to purchase supplies. Its kind of a gray zone, since you are really not purchasing alcohol. State laws might be different, and obviously homebrew stores will enforce it differently. Most of the products you purchase are considered food items. Malted grain, hops etc. Also, there isn't really anything illegal about an 18 year old purchasing buckets, hoses etc.

Although its technically legal to purchase the supplies, I'm pretty sure its illegal for minors to posess and consume alcohol. State law also varies on whether minors are allowed to consume alcohol in their parents home.

I guess it all comes down to your view on it. Not sure whether you are parent, aunt/uncle or an actual smart minor that didn't put down their real age. If the minor in question is genuinely interested in brewing, the process, flavors etc and being responsible its one thing. If they want to make prison hooch, thats a whole different story. I'm 24 now, but I started brewing when I was 19. We couldn't buy beer, and its really hard to get someone to go into a big beer store and pick out things for you to try when you can't look at them. We wanted good craft beer, so our only option was to brew. We bought the equipment online, then later found a store in our city. They never once carded us.
 
Specifically in the state of Oregon if anyone knows for certain. Just had someone tell me it was legal to home-brew at 18. Doesn't seem right to me though since ultimately you're producing a product you can't (legally) consume until 21.

Anyone know for sure. Better yet, point me to the law/statute so I can pass the info along?

Thanks!

No law against purchasing supplies in Oregon. Of course, each shop has the right to refuse service to anyone...

I think it becomes illegal once the first yeast yell eats the first sugar particle though.
 
My little brother just started brewing, and he has had no trouble buying ingredients from a few different places. Also, there's always the internet for ordering supplies.

As for the legality of home brewing underage, you'd have to check your state's laws.
 
As it's been said here, it's legal to buy the supplies, but
"The current federal limit on homebrewing beer is 100 gallons for a single adult, or 200 gallons for a household with two or more adults. Adult here is defined as 21 years of age or older"
I suspect nearly any court will interpret this as, 0 gallons per single minor.

Also state law will not allow them to consume alcohol, except under the supervision of one's legal guardian (at least when I lived there it was this way).
 
I do remember seeing a small shop in New Hampshire that had a "no sales to anyone under 21!" warning on their (terrible) website. Not sure if that was due to New Hampshire law or because the owners were being particularly careful. Hard to imagine that NEW HAMPSHIRE, of all places, would make buying homebrew supplies illegal!
 
Federal law states 18, but then says "or the age of consuming in the state", which is 21 in all states:

Status: Permitted, subject to age restriction and amount (gallonage).

Statute
United States Code 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.

And in Oregon specifically:


471.403 License required to produce alcoholic liquor; exception. (1) No person
shall brew, ferment, distill, blend or rectify any alcoholic liquor unless licensed so to do
by the Oregon Liquor Control Commission. However, the Liquor Control Act does not
apply to the making or keeping of naturally fermented wines and fruit juices or beer in
the home, for home consumption and not for sale. (2) Notwithstanding subsection (1) of this section, the holder of a brewery-public house license or a brewery license may allow patrons to brew malt beverages not to exceed 14 percent alcoholic content by volume if the brewing is conducted under the direct supervision of the licensee or employees of the licensee. Malt beverages produced under this subsection may not be sold by the patron or consumed on the licensed premises. [Formerly 471.205]
 
well, I made my first home brew when I was.... 12 - that was a batch of home made wine from a home made juice...

too bad my mother discovered batch that was not "lagering" in the cellar (fermentation vessel was hidden behind the books and that did not mask the smell - lesson learned!) so could not taste it... other one turned out great - got a gallon of yeast smelling nasty brew that maybe had a bit more ABV than a sour jam...

so, I would say - its legal when you can pull it off and there are no bad consequences.
 
So getting caught and/or punished makes a difference in deciding if an activity is legal?

That's an interesting take on the legal system.
 
Thanks Yooper... exactly what I was looking for and as I suspected.

Appreciate the info everyone!!
 
well, I made my first home brew when I was.... 12 - that was a batch of home made wine from a home made juice...

too bad my mother discovered batch that was not "lagering" in the cellar (fermentation vessel was hidden behind the books and that did not mask the smell - lesson learned!) so could not taste it... other one turned out great - got a gallon of yeast smelling nasty brew that maybe had a bit more ABV than a sour jam...

so, I would say - its legal when you can pull it off and there are no bad consequences.

Like they say, the first rule of committing crimes is to not get caught......

But in all seriousness, just because you dont get caught doesn't mean you haven't done something illegal. Ultimately, it falls to us as the homebrewers to make sure we keep within the legal limits so that we dont lose our privilege to do so. Comments like that only promote kids to try to do something illegal like make bathwater beer or what not; thus, it reflects on us and shows that we dont care about those laws.
 
Laws are meant to be broken!!!

How many underage kids do you know that drink? When 1% of them will start homebrewing instead I will be a happy man. I hope that someday my kid(s) will be interested in beer and homebrewing. Imagine the damage we can do.

One potential legal problem I can see with kids and homebrewing is consumption by other minors. If your kid brings a friend to your house and sneaks in a few pints from your 6 tap kegerator you might be in trouble. Possible workaround is that minors are allowed to consume alcohol during religious services. Start a church of the ale, temple of the kegerator and preach on brother!!!
 
Laws are meant to be broken!!! How many underage kids do you know that drink? When 1% of them will start homebrewing instead I will be a happy man.

Until they start getting themselves killed and the media jump on it - Homebrewing would be outlawed or restricted in many states in a matter of weeks.
 
For crying out loud, this is in the "general beer discussion" and the question is "what is the legal homebrew age?"

No one asked for anybody's opinion on whether something should be illegal or not, or how to skirt the rules.

If you have no problem engaging in illegal activity, that's your business. But coming onto a public forum and talking about illegal activity is not to be tolerated here.

Yes, underaged people do drink. Many people cheat on their taxes. Just because lots of people do something doesn't mean it's legal or that it's acceptable to other law-abiding citizens.

Honestly, sometimes I just shake my head at some of this crap.
 
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