Microbrewery law question

[dougdecinces]

Long story short, I want to open up my own nanobrewery in the future. Because of funding/commercial brewing experience deficiencies and because I am realistic, I don't plan on doing this for at least a few years. I plan on focusing on a rotating selection of small batch beers with an emphasis on sours, 100% brett beers and barrel-aged beers.

Since most of my brews will take a long time to complete, I thought it might be a good idea to brew several small batches ahead of time and bottle them in Belgian bottles and store these bottles at my house. I currently have a 30 gallon system, so while it would be a lot of work, it's certainly possible. Then when I get my site picked out, my financing settled, and my license in hand I could immediately start selling those beers while I begin to work on my other ones. The problem is that I don't know if any of this is legal. I'm hoping with someone with more inside info on the intricacies of brewery laws could fill me in on this. Thank you!

 

[Auger]

I believe (from my own research, in that I'm in a similar position) that you can't sell until you have the alcohol license, TTB approval, all that squared away. I don't think it matters when the beer was produced (i.e. building up a stock of production prior to legal approval) as long as you don't start selling it. You will most likely have to keep track of production dates, volumes, costs etc for tax purposes. Many of the laws are state-specific as far as how much you can produce as a homebrewer, etc so you'll want to read up on that yourself, I would imagine.

 

[PLOVE]

Of course if it was brewed in a brewery/brewpub you would be subject to healthcode standards, ADA compliance, etc. I'm guessing that it does matter when and where you brewed the beer. If you've read through a few of the successful start-up threads when of the big misconceptions is that you're going to get a TTB license and just starting brewing. The reality is that you'll spend 6-8 months satisfying dozens of other local, county, state laws before you can even dream of brewing, let alone selling. Not trying to be the bearer of bad potential news - though it appears you're well aware of the hurdles.

I'd be very surprised if you can brew now at home and sell later (legally) in a licensed facility.

Just my two cents,
P

 

[Sparge]

This is the first place to start looking: http://www.ttb.gov/beer/index.shtml

After that, you need to look at your state and local laws and regulations.

 

[Phunhog]

From other discussions I have read legally you can't brew until you have your license from the TTB. An exception could be made for "pilot" batches that were not for sale. A big reason is that the tax paid is on production...not selling. Thus there are "tax determenation vessels" and I don't think bottles will count.

 

[jbaysurfer]

This stuff is so readily available on the TTB website.

B5. When I have applied, can I start to make beer?
No. TTB must approve your operations before you begin to make beer. TTB may initiate an on-site inspection of the proposed premises and operations.

It's the 5th question on the FAQ page:
http://www.ttb.gov/beer/beer-faqs.shtml

 

[dougdecinces]

I figured it wouldn't be legal, but thought I would ask just to be sure. Thank you everyone for the info.

 

[dnslater]

I'd be happy to test those "pilot" batches.

 

[ncboiler]

Do not ask for legal advice, under any circumstance, on on internet forum. No offense to anyone here but it's just a really bad idea.

 

[dougdecinces]

Do not ask for legal advice, under any circumstance, on on internet forum. No offense to anyone here but it's just a really bad idea.

That's a good point in general. Having said that, I would never make anyone from an internet forum liable for my transgressions. I know better than that.

 

[ncboiler]

That's a good point in general. Having said that, I would never make anyone from an internet forum liable for my transgressions. I know better than that.

lol. Understood. But the point is avoiding the transgressions in the first place. Laws change from state to state and community to community so the best thing to do would be to consult a lawyer that specializes in the this. It probably wouldn't be that expensive and you would be getting solid direction. I doubt anyone here knows your specific laws and I doubt they have the schooling to even provide good feedback.

Rule of thumb: never ask for advice on the internet on anything that will effect your money or your life unless the person giving the feedback has known verifiable credibility. Legal questions effect both your money and your life.

 

[Gameface]

I ask for and give advice on the internet all the time for matters big and small. I usually get a lot of good info. The key is to verify all info prior to acting on it.