Virginia

Updated: 9/1995

Status: Permitted

Statute

Virginia code Title 4.1, Chapter 1, § 4.1-200 provides that any person may manufacture at his residence or at a gourmet brewing shop for domestic consumption at his residence, but not to be sold, dispensed or given away, except as hereinafter provided, wine or beer or both in an amount not to exceed federal law.

Discussion

Title 4.1, Chapter 1, § 4.1-200 is a recent modification of a provision enabling the home production of beer without license or permit. A provision also authorizes judgings, etc. “Beer” is defined as any beverage obtained by the alcoholic fermentation of an infusion or decoction of barley, malt and hops or of any similar products in drinkable water and containing one-half of one percent or more of alcohol by volume.

Special Provisions

N/A

State Alcohol Beverage Control Agency

• Virginia Department of Alcoholic Beverages Control
• 2901 Hermitage Road
• Richmond, VA 23220

Mailing Address:

• P.O. Box 27491
• Richmond, VA 23261
• Phone: 804.367.0649
• Fax: 804.367.2054

Applicable Statutory Material

s 4-100 Definitions.

As used in this chapter, unless the context clearly shows otherwise, the term or phrase:

“Beer” means any beverage obtained by the alcoholic fermentation of an infusion or decoction of barley, malt and hops or of any similar products in drinkable water and containing, one-half of one percent or more of alcohol by volume.
“Gourmet brewing shop” means an establishment which sells to persons to whom beer may lawfully be sold, ingredients for brewing beer, including packaging, and rents to such persons facilities for manufacturing, fermenting and bottling such beer.

s 4.1-200 Exemptions from licensure.

The licensure requirements of this chapter shall not apply to:

6. Any person who manufactures at his residence or at a gourmet brewing shop for domestic consumption at his residence, but not to be sold, dispensed or given away, except as hereinafter provided, wine or beer or both, in an amount not to exceed the limits permitted by federal law.

Any person who manufactures beer in accordance with this subdivision may remove from his residence an amount not to exceed fifteen gallons of such beer on any one occasion for (i) personal or family use, provided such use does not violate the provisions of this title or Board regulations; (ii) giving to any person to whom beer may be lawfully sold an amount not to exceed seventy-two ounces per person per year, provided such gift is for noncommercial purposes; or (iii) giving to any person to whom beer may lawfully be sold a sample of such beer, not to exceed two ounces by volume for on-premises consumption at events organized for judging or exhibiting such beer, including events held on the premises of a retail licensee. Nothing in this paragraph shall be construed to authorize the sale of such beer.

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.