Boerderij_Kabouter
Well-Known Member
I would like to get a consolidated list together of homebrewing laws in all the states. Please quote the actual text. I do not what, 'yep it legal in ____'.
Quote the statute and post a link if there is one.
Legal Status of Homebrewing in the U.S.A.
http://www.beertown.org/statutes/usa.htm
WISCONSIN
http://www.legis.state.wi.us/statutes/Stat0125.pdf
Quote the statute and post a link if there is one.
Legal Status of Homebrewing in the U.S.A.
http://www.beertown.org/statutes/usa.htm
Updated: 9/95
United States Federal Government
Status: Permitted, subject to age restriction and amount (gallonage).
Statute:
United States Code Title 26, Subtitle E, Chapter 51, Subchapter A, Part I, Subpart D, § 5053 provides an exemption to the code permitting the production of beer for personal or family use. § 5052 provides a definition for beer (see applicable statutory material).
Discussion:
The 1978 amendment to § 5053 added subsection (e) thus federally recognizing the home production of beer. Amendment XXI (1933) of the United States Constitution repealed the prohibition of intoxicating liquor (Amendment XVIII [1919]). However, section 2 of Amendment XXI and state police power gives states the authority to regulate the production, transportation and possession of intoxicating liquors. Therefore the home production of beer is recognized by federal statute so long as such production is not in violation of state law.
Special Provisions:
N/A
Alcohol Beverage Control Agency:
Bureau of Alcohol, Tobacco and Firearms
650 Massachusetts Ave.
Washington, DC 20226
(202) 927-8700
Applicable Statutory Material:
§ 5052 DEFINITIONS
(a) Beer.--For purposes of this chapter (except when used with reference to distilling or distilling material) the term "beer" means beer, ale, porter, stout, and other similar fermented beverages (including sake or similar products) of any name or description containing one-half of 1 percent or more of alcohol by volume, brewed or produced from malt, wholly or in part, or from any substitute therefore.
§ 5053 EXEMPTIONS
(e) Beer for personal or family use.--Subject to regulation prescribed by the Secretary, any adult may, without payment of tax, produce beer for personal or family use and not for sale. The aggregate amount of beer exempt from tax under this subsection with respect to any household shall not exceed--
(1) 200 gallons per calendar year if there are 2 or more adults in such household, or
(2) 100 gallons per calendar year if there is only 1 adult in such household.
For purposes of this subsection, the term "adult" means an individual who has attained 18 years of age, or the minimum age (if any) established by law applicable in the locality in which the household is situated at which beer may be sold to individuals, whichever is greater.
Note: The information presented here is to the best of our knowledge and should not be used as a substitute for legal advice specific to the laws of your state.
WISCONSIN
http://www.legis.state.wi.us/statutes/Stat0125.pdf
125.02 Definitions. Except as otherwise provided, in this
chapter:...
(6) “Fermented malt beverages” means any beverage made by
the alcohol fermentation of an infusion in potable water of barley
malt and hops, with or without unmalted grains or decorticated
and degerminated grains or sugar containing 0.5% or more of
alcohol by volume.
(22) “Wine” means products obtained from the normal alcohol
fermentation of the juice or must of sound, ripe grapes, other
fruits or other agricultural products, imitation wine, compounds
sold as wine, vermouth, cider, perry, mead and sake, if such products
contain not less than 0.5 percent nor more than 21 percent of
alcohol by volume.
§125.06 License and permit exceptions. No license or permit
is required under this chapter for:
(3) HOMEMADE WINE OR FERMENTED MALT BEVERAGES. The
manufacture of wine or fermented malt beverages of any alcoholic
content by any person at his or her home, farm or place of residence
if the wine or fermented malt beverages is to be consumed
by that person or his or her family and guests, and if the person
manufacturing the wine or fermented malt beverages receives no
compensation.