Question on 100 Gallon Limit

[mightynintendo]

Please cite specific federal and/or state law that requires homebrewers to do so.

Begging yuri pardon, allow me to restate myself. It is not a LAW to keep records, but if you don't and you have on hand more than the limit for production, you would have no recourse to prove it wasn't all produced within the year.

 

[Yuri_Rage]

With whom does the burden of proof lie if your production is questioned?

I'm no lawyer, but... Under criminal law, I think that burden is on the prosecution. In civil court, I think it is on the plaintiff.

So, would I ever need to prove that my cellared brew was produced over a period of more than one year? Or is it simply enough that it's possible that it was produced over a period greater than a year?

I don't mean to be TOO nitpicky, but I find it hard to believe that I need to keep a logbook as a homebrewer for any reason other than my own satisfaction.

 

[mightynintendo]

With whom does the burden of proof lie if your production is questioned?

I'm no lawyer, but... Under criminal law, I think that burden is on the prosecution. In civil court, I think it is on the plaintiff.

So, would I ever need to prove that my cellared brew was produced over a period of more than one year? Or is it simply enough that it's possible that it was produced over a period greater than a year?

I don't mean to be TOO nitpicky, but I find it hard to believe that I need to keep a logbook as a homebrewer for any reason other than my own satisfaction.

I think this is nitpicking beyond my intent. It's not a law it just makes a highly unlikely legal scenario much easier.

 

[gratus fermentatio]

Who is going to know if you brew more than the legal limit in a calendar year? BATF has better things to do than to stake-out & raid homebrewers. If nobody complains & BATF has no reason to look closely at you & your activities, you should be good to go.

 

[brazedowl]

Who is going to know if you brew more than the legal limit in a calendar year? BATF has better things to do than to stake-out & raid homebrewers. If nobody complains & BATF has no reason to look closely at you & your activities, you should be good to go.

+6.5x10^7 points ~

 

[hoppymonkey]

Who is going to know if you brew more than the legal limit in a calendar year? BATF has better things to do than to stake-out & raid homebrewers. If nobody complains & BATF has no reason to look closely at you & your activities, you should be good to go.

Seriously, Follow the golden rule. DONT SELL ANY and don't make an ass of yourself and no one will care. My neighbors love that I brew beer.

 

[WIP]

Who is going to know if you brew more than the legal limit in a calendar year? BATF has better things to do than to stake-out & raid homebrewers. If nobody complains & BATF has no reason to look closely at you & your activities, you should be good to go.

You are now being investigated...

[paranoid rant]

I don't know about in other states, but the TABC is a stickler for perfection in book keeping etc.

Last year we where audited (winery) and they found a discrepancy of 7 cents in our books. They send out an agent if you want to dump a single gallon of wine down the drain. They fine you big time if your bottle has MORE than 755 ml of wine in it. The list can go on. I am sure they aren't going after home brewers currently, but with the number of dry and damp counties/districts here, they could easily do it and succeed. All they need is cause.

[/Paranoid rant]

All in all though, you are more likely to get a ticket for driving 3 mph over the speed limit.

 

[dkrueger84]

State laws on home brewing greatly differ. Federal code cited will preempt any state law that is contradictory as to the federal law (aka conflict preemption). That being said, I doubt anyone would care so long as one is not selling and is only using for personal purposes. How one consumes such a large quantity for personal reasons is beyond me, but whatever. Also, since the state bears the burden on proof on all prosecutions, they would need to be able to show that one affirmatively brewed over federal regs beyond a reasonable doubt. While personal records may be helpful in such an unlikely situation, they are not required as far as I know by federal regs.