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Thread: TTB Homebrew Law Link (From ATF Site)

  1. Default TTB Homebrew Law Link (From ATF Site)

    Searched out for another thread. For your viewing pleasure:

    http://a257.g.akamaitech.net/7/257/2...27cfr24.75.htm

    I think some folks may have glossed over this link which answers many of their questions; so here it is. Careful reading should pretty much illuminate the answers to many homebrew legality queries. However, I still do not know whether trading bottle for bottle (no benefit to either brewer) is considered prohibited or not. Any lawyers or agents out there wanna field this? Interestingly, though, these laws aren't like most others in which "that which is not specifically prohibited is allowed." These laws have more an air of, "that which is not specifically allowed herein is prohibited." Serious stuff. Read it.
    smoky

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    Default Re: TTB Homebrew Law Link (From ATF Site)

    Here's the link to the website and the TTB FAQ I referred to in the other thread.

    Oskaar
    Is it tasty . . . precious?

  3. Default Re: TTB Homebrew Law Link (From ATF Site)

    Here is the copy/pasted response I received from the TTB regarding the legality of trading homebrew:

    You mention “home brewing” but refer to wine regulations. Here are the sections (25.206 and 25.207) in Part 25, Beer, of Title 27, Code of Federal Regulations, dealing with this issue:

    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.

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

    § 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.

    Also, I am forwarding your question to our beer Industry Analyst for an opinion. As soon as he responds to me, I will get back to you. Thank you for your patience.

    Robert Adams
    Industry Specialist
    Alcohol and Tobacco Tax and Trade Bureau
    I'll follow up with the Industry Analyst's response when I receive it.
    smoky

  4. Default Re: TTB Homebrew Law Link (From ATF Site)

    Here is his response after discussing this matter with his Industry Analyst:

    Our beer Industry specialist has determined it’s okay for you to trade beers with other home brewer’s which would fit the “personal” or “competition” criteria in Part 25, Section 25.206 of Title 27, Code of Federal Regulations:



    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.

    But you must also be in compliance with state and local laws regarding this. Thank you.



    Robert Adams

    Industry Specialist

    Alcohol and Tobacco Tax and Trade Bureau
    Obviously, this is great news and I'm going to save this email for my records. The section about "compliance with state and local laws" means more research is in order, though.
    smoky

  5. Default Re: TTB Homebrew Law Link (From ATF Site)

    Yeah, that's good news. but alot of states have pretty tight grips. I was just checking out the Free the Grapes site recently, which list states that do not allow out of state shipments of wine to individuals. I'm not sure how this would regard a trade, and not a sale... how about, I'll trade you a bottle, there may or may not be something inside that bottle!

  6. Default Re: TTB Homebrew Law Link (From ATF Site)

    Quote Originally Posted by WhiskeyPriest
    Yeah, that's good news. but alot of states have pretty tight grips. I was just checking out the Free the Grapes site recently, which list states that do not allow out of state shipments of wine to individuals. I'm not sure how this would regard a trade, and not a sale... how about, I'll trade you a bottle, there may or may not be something inside that bottle!
    those types of state laws are intended to protect the local wine industries. cheaply priced mass produced california wines (or other well established areas) could totally run small local ones out of business. Also the liquor stores have a stake in being the ones that sell the california wines and not the wineries straight to the consumer.

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