I was researching the international homebrew laws for brewing beers outside of the United States. This is something that has interested me since originally wanting to brew to the legal maximum in the United States. My web surfing took me to several online resources stating that beer production was legal in the US for personal and family use, and that only the states could regulate the amounts. Also, I had found most states allow for homebrewing, with slight variations on who it is made for, and where you can take the homebrew. I did not see much reference to the legal (volume limits).
However, the tax man cometh!
I was researching the IRS and ATF brewing laws and found that while there is no legal homebrew limit in my state, there is a tax free limit. The limit is 100 gallons per household of one adult, and 200 gallons per household of 2 or more adults. See IRS Title 26(e)(51)(A)(1)(D)(5053) . The ATF take on the homebrew law is also mentioned here.
So I stand corrected from my previous view. It appears my challenge is back on for the legal tax free production of beer.
You can still find the laws per state located at the Beertown.org site.
Monday, April 28, 2008
I stand corrected...
Monday, February 4, 2008
What is the legal limit of brewing beer in the US?
I have noticed several folks have landed at this blog while looking for the legal limit of brewing beer. President Carter signed a law that allowed for the making of beer and wine at home, which was still illegal from the Prohibition Act.
The Federal law does not address any limits or rules, it only lifted the prior Federal ban.
States were left to make their own laws on limits, transport, ingredients, and taxation. My homestate has no limits on annual production, contrary to my previous beliefs. Click on the HOMEBREW LAWS - by state (link in the sidebar) to see how your state has addressed the issue.
My current state of residence has virtually no restrictions for production, free distribution, ingredients, or transport of simple fermented alcohol. However, having brewed beer in three different states, I was definitely impacted in how I shared my "fermentation creations" with others.
How has your state's laws affected your brewing?
(This topic has been recently updated, here)
