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The U.S.
Law Concerning Alcohol Production
The use of a distillation
apparatus is not legal in all countries. You should check with your
federal, state and local authorities for details and exceptions Believe it
or not, there are exceptions. I also include state and local authorities
as well, because in the U.S., laws can vary at every level.
The information below was taken verbatum from the official BATF web site.
Distillation of Alcohol and Stills
Under Federal rules administered by ATF, the legality depends on how
you use a still. You may not produce alcohol unless you qualify as a
distilled spirits plant (see ATF FAQ's page at their web site.) However,
owning a small still and using it for other purposes is allowed. You
should also check with your State and local authorities - their rules may
differ.
A still is defined as apparatus capable of being used to separate ethyl
alcohol from a mixture that contains alcohol. Small stills (with a cubic
distilling capacity of a gallon or less) that are used for laboratory
purposes or for distilling water or other non-alcoholic materials are
exempt from our rules. If you buy a small still and use it to distill
water or extract essential oils by steam or water extraction methods, you
are not subject to ATF requirements. If you produce essential oils by a
solvent method and you get alcohol as a by-product of your process, ATF
considers that distilling. Even though you are using and recovering
purchased alcohol, you are separating the alcohol from a mixture
-distilling.
Under regulations in part 170 of title 27, Code of Federal Regulations,
ATF has the right to require manufacturers of stills to give them the name
and address of each customer. If they choose to impose this requirement,
they inform the manufacturer of the stills by letter.
Some people are under the
misconception that all home alcohol production is illegal. Below are the
legal guidelines for home production of beer and wine.
Sec. 24.75
Wine for personal or family use
(a) General. Any adult may, without payment of tax, produce wine for
personal or family use and not for sale.
(b) Quantity. The aggregate amount of wine that may be produced exempt
from tax with respect to any household may not exceed:
(1) 200 gallons per calendar year for a household in which two or more
adults reside, or
(2) 100 gallons per calendar year if there is only one adult residing in
the household.
(c) Definition of an adult. For the purposes of this section, an adult is
any individual who is 18 years of age or older. However, if the locality
in which the household is located has established by law a greater minimum
age at which wine may be sold to individuals, the term ``adult'' will mean
an individual who has attained that age.
(d) Proprietors of bonded wine premises. Any adult, defined in Sec.
24.75(c), who operates a bonded wine premises as an individual owner or in
partnership with others, may produce wine and remove it from the bonded
wine premises free of tax for personal or family use, subject to the
limitations in Sec. 24.75(b).
(e) Limitation. This exemption should not in any manner be construed as
authorizing the production of wine in violation of applicable State or
local law. Except as provided in Sec. 24.75(d), this exemption does not
otherwise apply to partnerships, corporations, or associations.
(f) Removal. Wine produced under this section may be removed from the
premises where made for personal or family use including use at organized
affairs, exhibitions or competitions, such as home winemaker's contests,
tastings or judgings, but may not under any circumstances be sold or
offered for sale. The proprietor of a bonded wine premises shall pay the
tax on any wine removed for personal or family use in excess of the
limitations provided in this section and shall also enter all quantities
removed for personal or family use on ATF F 5120.17, Report of Bonded Wine
Premises Operations.
(Sec. 201, Pub. L. 85-859, 72 Stat. 1331, as amended (26 U.S.C. 5042))
(Approved by the Office of Management and Budget under control number
1512-0216)
[T.D. ATF-299, 55 FR 24989, June 19, 1991, as amended by T.D. ATF-338, 58
FR 19064, Apr. 12, 1993; T.D. ATF-344, 58 FR 40354, July 28, 1993]
This was last updated on
September 17, 1999
Sec. 25.205
Production of Beer
(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 Sec. 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))
This was last updated on
September 17, 1999
Sec. 25.206
Removal of beer
Beer made under Sec. 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))
Sec. 25.207
Removal from brewery for personal or family use.
Any adult, as defined in Sec. 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))
This was last updated on
September 17, 1999
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