home brewer laws

[ntbritton]

A couple buddies and my self have been talking about going together to start brewing homebrew, but sharing the cost of the equipment to keep it cheaper for all of us. To do so we would usually brew at the same place all the time and i under stand the federal law states. Our state does not impose any other restrictions on top of the federal law.

"The federal standards include a limitation of 100 gallons brewed per year by one adult. Two adult residents in a home are allowed to brew up to 200 gallons annually."

So my question is where does the limit apply? To the place its brewered? To the brewers home? Or is there another angle i am missing?

Thoughts would be appreciated.

 

[freisste]

I'm not a lawyer, but that sounds like they pretty explicitly spell out that each of you can brew 100 gallons. I wouldn't worry about it.

My guess (again, not a lawyer) is that the federal government could give a rats @$$ what you do as long as you aren't selling it without paying a tax. You could brew 1000 gallons as long as you don't make money or bring attention to yourself. Don't do anything stupid and there will be no consequences.

 

[LovesIPA]

I wouldn't worry about it at all to be honest. I can't imagine anyone actually being prosecuted under this statute.

 

[lumpher]

my best guess is legally, they're more concerned about the quantity per person. when clubs brew a big batch at someone's house, the 100 gallon limit could be exceeded in 1 day.
on the other hand, realistically, i've never heard of someone being busted for excessive brewing

 

[ALofty]

Doesn't mean we can't try!

 

[MaxStout]

Lawyer here.

The feds are not concerned with where you brew. It's a 100 gal. per-person exemption to federal taxation. The bill that Carter signed in '78 provided that exemption, but left the regulation of home brewing to the states, hence the prohibition of it in MS and AL until recently.

 

[pfgonzo]

An additional $0.02 from another attorney (though not one from Nebraska).

Nebraska's liquor/brewing laws are codified in Nebraska Revised Statutes, Chapter 53. http://nebraskalegislature.gov/laws/browse-chapters.php?chapter=53

I've been searching through them (some free time this morning), and don't see that your state even imposes a separate amount/limit, other than the general prohibitions that appear in § 53-168.06, which states,

No person shall manufacture, bottle, blend, sell, barter, transport, deliver, furnish, or possess any alcoholic liquor for beverage purposes except as specifically provided in the Nebraska Liquor Control Act. Nothing in the act shall prevent (1) the possession of alcoholic liquor legally obtained as provided in the act for the personal use of the possessor and his or her family and guests; (2) the making of wine, cider, or other alcoholic liquor by a person from fruits, vegetables, or grains, or the product thereof, by simple fermentation and without distillation, if made solely for the use of the maker and his or her family and guests; (3) any duly licensed practicing physician or dentist from possessing or using alcoholic liquor in the strict practice of his or her profession, any hospital or other institution caring for the sick and diseased persons from possessing and using alcoholic liquor for the treatment of bona fide patients of such hospital or other institution, or any drug store employing a licensed pharmacist from possessing or using alcoholic liquor in the compounding of prescriptions of licensed physicians; (4) the possession and dispensation of alcoholic liquor by an authorized representative of any religion on the premises of a place of worship, for the purpose of conducting any bona fide religious rite, ritual, or ceremony; (5) persons who are sixteen years old or older from carrying alcoholic liquor from licensed establishments when they are accompanied by a person not a minor; (6) persons who are sixteen years old or older from handling alcoholic liquor containers and alcoholic liquor in the course of their employment; (7) persons who are sixteen years old or older from removing and disposing of alcoholic liquor containers for the convenience of the employer and customers in the course of their employment; or (8) persons who are nineteen years old or older from serving or selling alcoholic liquor in the course of their employment.

http://nebraskalegislature.gov/laws/statutes.php?statute=53-168.06

 

[Pratzie]

brew on, dudes!

 

[Pole]

Not a lawyer here but, how is it even enforceable? Unless you're documenting your volume output or happen to be the recipient of an ATF raid while you're sitting on 100 gallons, you're probably in the clear.

 

[finsfan]

just dont tell them how much you brewed and they will never know! i am sure about 60% of the people on this cite brew over a 100 gallons in a year and nobody has even spoken of been questioned or persecuted

 

[MaxStout]

Not a lawyer here but, how is it even enforceable? Unless you're documenting your volume output or happen to be the recipient of an ATF raid while you're sitting on 100 gallons, you're probably in the clear.

Legal arguments aside, that is the most practical issue. There's no way for the authorities to tell, unless they execute a search warrant and discover >200 gallons sitting in your house. No doubt there are plenty of brewers here who make more than the limit each year.

The ATF has bigger fish to fry anyway.

 

[broadbill]

The ATF has bigger fish to fry anyway.

Or rather, they don't have the budget to enforce the law, even if they wanted to.

 

[GrogNerd]

if 2 adults reside at the house where you brew, you can brew up to the federal limit of 200 gallons per year

if you keep it to under 5.5 gallons per month for each of you, you will stay under that limit

 

[ingnuty]

if 2 adults reside at the house where you brew, you can brew up to the federal limit of 200 gallons per year

if you keep it to under 5.5 gallons per month for each of you, you will stay under that limit

Yeah... If you think about it, you can brew 20 5 gallon batches and just that mark. So approx 60 beers per batch, 1200 beers total, is just over 3 beers per day for the year per person. 2 person household = 6.5 beers per day. That's a lot of beer. Lol.

 

[ntbritton]

Thanks everyone. Was not so concerned about being busted, just read the statue and wanted to understand it. My buddies and i tend to drink a bit and well to say the lest last weekend we brewed 35 gal this weekend.

I do appreciate the information and the insight from everyone. It would read to reason that if there are four of us and we each have two adults per household, we could brew up to 800 gal a year and would be "technically legal", although i am not sure i would have to worry about it.

 

[Mozart]

Legal arguments aside, that is the most practical issue. There's no way for the authorities to tell, unless they execute a search warrant and discover >200 gallons sitting in your house. No doubt there are plenty of brewers here who make more than the limit each year.

The ATF has bigger fish to fry anyway.

Just finding > 200 gallons in your house wouldn't be enough. The authorities would also have to have a reliable way of knowing when the beer was brewed. Someone could stockpile more than 200 gallons over more than a year of brewing without ever brewing more than 200 gallons in any year.

 

[Frige]

Uh oh I brew at my shop and its just me and the dog there the ol lady hangs out down the street. Now my dog does like my beer so will she qualify?

 

[mattd2]

The other point is where is it being brewed - up until the yeast start the anaerobic fermentation all you did was make bitter sugar water (and potentially feed some yeast so they can multiply). If you each took your share of the beer home with you I would say that it was brewed in your home so the 100/200 limit aplies to each of the brewers households.
If you were fermenting it all at one place then the limit would be 200 gallons for that household. But as everyone says... it doesn't really matter.

Uh oh I brew at my shop and its just me and the dog there the ol lady hangs out down the street. Now my dog does like my beer so will she qualify?

I know you are joking but I would say your sweet, the law says household which could be considered as a "collection of people who usually reside in a common place" and not as a "house". Therefore you are still producing for your household even though not at the house

 

[Yooper]

"The federal standards include a limitation of 100 gallons brewed per year by one adult. Two adult residents in a home are allowed to brew up to 200 gallons annually."

So my question is where does the limit apply? To the place its brewered? To the brewers home? Or is there another angle i am missing?

Thoughts would be appreciated.

At the home where you brew, if there are two adults living there, there is allowed to be 200 gallons per year brewed there. The laws aren't ambiguous about this.

if 2 adults reside at the house where you brew, you can brew up to the federal limit of 200 gallons per year

if you keep it to under 5.5 gallons per month for each of you, you will stay under that limit

Right.

 

[Frige]

No not joking the dog does like beer. Not miller lite though she makes a face and walks off. So my son still stays at the house ( yes I make him pay rent) so I could make up too 300 gallons? Hmm I might need to take in boarders.

 

[Yooper]

No not joking the dog does like beer. Not miller lite though she makes a face and walks off. So my son still stays at the house ( yes I make him pay rent) so I could make up too 300 gallons? Hmm I might need to take in boarders.

No. The federal exception is up to 200 gallons, if at least two adults live there.

You get 100 gallons for one, or 200 for 2+. There isn't an allowance for more than that.

 

[woozy]

That's my interpretation. Else why specify 200 gallons for 2 people?

 

[ricksam]

Or rather, they don't have the budget to enforce the law, even if they wanted to.

If they would just raise our taxes we would be even more safe....if nothing else, from ourselves.

 

[ntbritton]

Well we all know that we are safe. The NSA has recorded this conversation.

 

[Frige]

No. The federal exception is up to 200 gallons, if at least two adults live there.

You get 100 gallons for one, or 200 for 2+. There isn't an allowance for more than that.

Well rats. So much for my micronano brewery. Honestly 200 gals is all I can handle anyway.

 

[MaxStout]

Well rats. So much for my micronano brewery. Honestly 200 gals is all I can handle anyway.

That's about 2000 bottles of beer per year. More than I can drink, even with help from friends.

I average about one batch per month and that keeps my fridge well-stocked.

 

[mikescooling]

I brew on a 15 gallon rig making 11 gallon batches. I brew 1-2 per month and I've never broken the 200gallon limit in a year. You guys are still talking about saving money, get that thought out of your head.

 

[ACbrewer]

That's my interpretation. Else why specify 200 gallons for 2 people?

I'd guess that there was a presumption when the law was writen it would be single home dewellers or married persons. At the time, wine was alowed for 'head of household', which was changed to the 'per adult'. In the 1933 to 1979 law wine was allowed by the 'head of household' but not by the over 18 spouse. I leave it to others to determine if head is a he or she...

 

[ACbrewer]

just my $.02.

1. The brewer of the beer in most readings of applicables laws that I've found on line is the person who pitches the yeast. This means if you take home a bucket of sugar water and then pitch the yeast, you are the brewer even if all you did was watch. Additionally wort is wort, but as soon as wort meets yeast, it is beer for most legal purposes.

2. The controlling sections in federal law seem to be these.
§ 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.

(b) The production of beer per household, without payment of tax, for personal or family use may not exceed:

(1) 200 gallons per calendar year if there are two or more adults residing in the household, or

(2) 100 gallons per calendar year if there is only one adult residing in the household.

(c) Partnerships except as provided in § 25.207, corporations or associations may not produce beer, without payment of tax, for personal or family use.

(Sec. 201, Pub. L. 85-859, 72 Stat. 1334, as amended (26 U.S.C. 5053))

§ 25.206 Removal of beer.
Beer made under § 25.205 may be removed from the premises where made for personal or family use including use at organized affairs, exhibitions or competitions such as homemaker's contests, tastings or judging. Beer removed under this section may not be sold or offered for sale.

§ 25.207 Removal from brewery for personal or family use.
Any adult, as defined in § 25.205, who operates a brewery under this part as an individual owner or in partnership with others, may remove beer from the brewery without payment of tax for personal or family use. The amount of beer removed for each household, without payment of tax, per calendar year may not exceed 100 gallons if there is one adult residing in the household or 200 gallons if there are two or more adults residing in the household. Beer removed in excess of the above limitations will be reported as a taxable removal.

(Sec. 201, Pub. L. 85-859, 72 Stat. 1334, as amended (26 U.S.C. 5053))

Reading over 25.205 we get 'yeah you can home brew' and in 25.206 we get 'yeah it doesn't have to be at your home' and with 25.207 it appears to say 'but you can take it out of the brew location to your home as long as 25.205 and 25.206 are met' HOWEVER not being a lawyer, someone else should vet my understanding.

There was in the original 1979 legislation a clause about only having 30 gallons of HB on premisise in all stages of production (from first pitch to cellared bottle) but this seems to have been removed in later ones. I also notice that they now alow removal for competitions, and that 25.207 seems to have been designed for clubs. Again, your state may impose more limitations.

3. Given the the penalty for going over the limit is to be taxed on beer, and the federal law is that you have to pay the tax first before being able to litigate, the TTB doesn't need to prove you brewed over the limits, it is up to you to prove you didn't. This is basic tax law (since I think 1870s), and effectivly is a presumption guilty until proven innocent.

 

[WiseEyes]

just my $.02.

1. The brewer of the beer in most readings of applicables laws that I've found on line is the person who pitches the yeast. This means if you take home a bucket of sugar water and then pitch the yeast, you are the brewer even if all you did was watch. Additionally wort is wort, but as soon as wort meets yeast, it is beer for most legal purposes.

2. The controlling sections in federal law seem to be these.
§ 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.

(b) The production of beer per household, without payment of tax, for personal or family use may not exceed:

(1) 200 gallons per calendar year if there are two or more adults residing in the household, or

(2) 100 gallons per calendar year if there is only one adult residing in the household.

(c) Partnerships except as provided in § 25.207, corporations or associations may not produce beer, without payment of tax, for personal or family use.

(Sec. 201, Pub. L. 85-859, 72 Stat. 1334, as amended (26 U.S.C. 5053))

§ 25.206 Removal of beer.
Beer made under § 25.205 may be removed from the premises where made for personal or family use including use at organized affairs, exhibitions or competitions such as homemaker's contests, tastings or judging. Beer removed under this section may not be sold or offered for sale.

§ 25.207 Removal from brewery for personal or family use.
Any adult, as defined in § 25.205, who operates a brewery under this part as an individual owner or in partnership with others, may remove beer from the brewery without payment of tax for personal or family use. The amount of beer removed for each household, without payment of tax, per calendar year may not exceed 100 gallons if there is one adult residing in the household or 200 gallons if there are two or more adults residing in the household. Beer removed in excess of the above limitations will be reported as a taxable removal.

(Sec. 201, Pub. L. 85-859, 72 Stat. 1334, as amended (26 U.S.C. 5053))

Reading over 25.205 we get 'yeah you can home brew' and in 25.206 we get 'yeah it doesn't have to be at your home' and with 25.207 it appears to say 'but you can take it out of the brew location to your home as long as 25.205 and 25.206 are met' HOWEVER not being a lawyer, someone else should vet my understanding.

There was in the original 1979 legislation a clause about only having 30 gallons of HB on premisise in all stages of production (from first pitch to cellared bottle) but this seems to have been removed in later ones. I also notice that they now alow removal for competitions, and that 25.207 seems to have been designed for clubs. Again, your state may impose more limitations.

3. Given the the penalty for going over the limit is to be taxed on beer, and the federal law is that you have to pay the tax first before being able to litigate, the TTB doesn't need to prove you brewed over the limits, it is up to you to prove you didn't. This is basic tax law (since I think 1870s), and effectivly is a presumption guilty until proven innocent.

Lawyer here-

I believe this is the most complete answer to the question. Especially (3) penalties.

 

[woozy]

So.... four people *can* brew 400 gallons at Fred's house? And if the four people are married or have room-mates, four people can brew 800 gallons at Fred's house?

 

[GrogNerd]

So.... four people *can* brew 400 gallons at Fred's house? And if the four people are married or have room-mates, four people can brew 800 gallons at Fred's house?

house full of illegals across the street from us can brew 3200 gallons

right

 

[ntbritton]

So.... four people *can* brew 400 gallons at Fred's house? And if the four people are married or have room-mates, four people can brew 800 gallons at Fred's house?

Thats what i am thinking. It seems like the general idea is that its per brewer not buy the location. Even if "Fred" has all the equipment stored so the product stays there to be keged for the brewer and by the brewer.

 

[GrogNerd]

Thats what i am thinking. It seems like the general idea is that its per brewer not buy the location. Even if "Fred" has all the equipment stored so the product stays there to be keged for the brewer and by the brewer.

100 gallons for one adult in a household, 200 gallons for 2 or more

 

[ntbritton]

or if brewer one is married= 200, brewer 2 is married=200, brewer 3 is single=100, brewer 4 has roommate = 200, for a total of 700 gal a year, with each staying within the perspective limit.

 

[woozy]

house full of illegals across the street from us can brew 3200 gallons

right

No. Household of illegals across the street from you can brew 200 gallons. They have to move into 16 different houses to brew 3200.

The practical bit seems to be that if eight people want to get together in one person's house and each brew 100 gallons for him or herself but in Fred's house, provided that the brew is for him or her not for Fred and that each can more or less say he or she did the brewing and they don't brew any more beer anywhere else.

The impractical bit seems to say that if your household can go to 200 if you have another adult (need not be a spouse). So if Josephine and Georgette are roommates then Josephine can go to Fred's house and brew 200 gallons of beer.

Loophole seems to be that I can make a list of 87 married non-brewing friends of mine and claim that they came to my house and brewed 17,400 gallons of beer. Of course then the 17,400 gallons of beer is *theirs* and not mine. Of course they can maybe give it to me... I do have generous friends...

 

[woozy]

... and homeless people are not allowed to home brew (which, technically, is a tautology, I suppose...)

 

[GrogNerd]

interesting; the key part is REMOVAL and at what point does it have to be removed?

let's say that one day you have 19 friends come over to the house where you reside by yourself and brew 5 gallons for yourself and each of your friends. once all of you pitch your yeast, all of your friends take their share home.

you could do this 20 times and be in full compliance of the law. federal at least

but what if you keep all that beer while it's fermenting? you're at your household limit for production

BUT! let's say you keg it all in cornies and THEN each of your friends takes their amount home. is it considered removal under the statute and you still have 95 gallons to go to reach the limit?

how about consuming? if you invite your 19 friends back and you drink it all, does it still still count against YOUR household limit?

 

[ACbrewer]

interesting; the key part is REMOVAL and at what point does it have to be removed?

let's say that one day you have 19 friends come over to the house where you reside by yourself and brew 5 gallons for yourself and each of your friends. once all of you pitch your yeast, all of your friends take their share home.

you could do this 20 times and be in full compliance of the law. federal at least

but what if you keep all that beer while it's fermenting? you're at your household limit for production

BUT! let's say you keg it all in cornies and THEN each of your friends takes their amount home. is it considered removal under the statute and you still have 95 gallons to go to reach the limit?

how about consuming? if you invite your 19 friends back and you drink it all, does it still still count against YOUR household limit?

Again, repeat, I'm not a lawyer. I suspect the key would be 'personal use.' If they 19 friends were not using the beer, but giving it to you, it coudl be reasonally agrued that you were making over the limit, not the friends within. I'm not sure how this affects taking a case to a party, but it seems so long as it isn't sold, it could be argued as personal use assuming it is similar to buying beer and bringing it to the party.

 

[ACbrewer]

So.... four people *can* brew 400 gallons at Fred's house? And if the four people are married or have room-mates, four people can brew 800 gallons at Fred's house?

or if brewer one is married= 200, brewer 2 is married=200, brewer 3 is single=100, brewer 4 has roommate = 200, for a total of 700 gal a year, with each staying within the perspective limit.

I'd agree with that, assuming that "Fred's house" is the designated brewery. Be aware that the neighbors might complain and if the TTB shows up, tax law is pay the bill then litigate, not the other way around (ie guilty til proven innocent).

Again, 25.206 and 207 seems to be for addressing clubs brewing and going to comps and such. This provides a way for you and your friend to brew at one house and then each take some, etc. and that the beer is removed for personal consumption, and not for sale. Sale for tax purposes is any exchange for $, items, or services; so trading beer for car work, or ingredients could be construed as a sale.

I could certianly see a club being a good way to go if there wer some major capitol investment things, like high powered steam kettles, controled temp for lagering, etc. It could be less expensive to share these items (honestly I don't know.).

OH another reason for 206,207 - Brew on Premisis - this gives a brew an exception to taking beer from a BOP without violating the tax law.