Author Topic: Home Brewing Limit  (Read 3513 times)

Offline dhacker

  • Brewmaster
  • *****
  • Posts: 684
    • View Profile
Re: Home Brewing Limit
« Reply #15 on: August 19, 2010, 01:10:44 PM »
Then an almost impossible law to enforce . .  ::)
Just brew it...

Offline Pawtucket Patriot

  • Senior Brewmaster
  • ******
  • Posts: 1354
  • Rebelling against cheap swill since 2005
    • View Profile
    • Bauhaus Brew Labs
Re: Home Brewing Limit
« Reply #16 on: August 19, 2010, 01:13:52 PM »
Then an almost impossible law to enforce . .  ::)

True, but without it, we'd all face the same plight as moonshiners. Even if it's not really enforceable (absent a really egregious violation), I'm glad it's there.
Matt Schwandt | Minneapolis, MN
AHA Member

Partial-Mash Pictorial
All-Grain Pictorial

Offline dhacker

  • Brewmaster
  • *****
  • Posts: 684
    • View Profile
Re: Home Brewing Limit
« Reply #17 on: August 19, 2010, 01:17:05 PM »
Actually, from my standpoint, it would be tough to eclipse the limit in a year. If from no other angle than brewing time!  :)
Just brew it...

Offline tubercle

  • Senior Brewmaster
  • ******
  • Posts: 1639
  • Sweet Caroline
    • View Profile
Re: Home Brewing Limit
« Reply #18 on: August 19, 2010, 01:29:09 PM »
  The way law enforcement works is if you brought enough attention to yourself, say by getting caught selling some, your bank/debit/credit transactions would be subpoenaed along with the records of the suppliers you were found to be doing business with. You don't have to be caught with over 200 gals on hand, they just have to prove you bought enough ingredients to produce that much.

  So, you bought 5000 lbs of malt and 50 lbs of hops to make 200 gals?

 
Sweet Caroline where the Sun rises over the deep blue sea and sets somewhere beyond Tennessee

Offline BrewArk

  • Brewer
  • ****
  • Posts: 452
  • Rick - Newark, California
    • View Profile
    • BrewArk
Re: Home Brewing Limit
« Reply #19 on: August 19, 2010, 01:34:25 PM »
  The way law enforcement works is if you brought enough attention to yourself, say by getting caught selling some, your bank/debit/credit transactions would be subpoenaed along with the records of the suppliers you were found to be doing business with. You don't have to be caught with over 200 gals on hand, they just have to prove you bought enough ingredients to produce that much.

  So, you bought 5000 lbs of malt and 50 lbs of hops to make 200 gals?

 
Works for me!  Which yeast goes with that?
Beer...Now there's a temporary solution!

Na Zdraví

Offline tschmidlin

  • I must live here
  • **********
  • Posts: 8131
  • Redmond, WA
    • View Profile
Re: Home Brewing Limit
« Reply #20 on: August 19, 2010, 01:38:29 PM »
So, you bought 5000 lbs of malt and 50 lbs of hops to make 200 gals?
Yes I did, Your Honor.  But it was too much, and I didn't have a place to store it so I put it all in my compost pile.  I'm sure if they checked the police can verify that.
Tom Schmidlin

Offline blatz

  • Brewmaster General
  • *******
  • Posts: 2457
  • Paul Blatz - Jupiter, FL
    • View Profile
Re: Home Brewing Limit
« Reply #21 on: August 19, 2010, 01:39:14 PM »
Actually, from my standpoint, it would be tough to eclipse the limit in a year. If from no other angle than brewing time!  :)

not really man - I get very close every year. if you brew 10 gal batches it adds up quick.  I don't drink anywhere near that - but about 25% of what i brew is for club events, parties, etc.

just saying - its not as difficult as you think.
The happiest people don’t necessarily have the best of everything; they just make the best of everything they have.

BJCP National: F0281

Offline weithman5

  • Senior Brewmaster
  • ******
  • Posts: 1668
  • naperville, il
    • View Profile
Re: Home Brewing Limit
« Reply #22 on: August 19, 2010, 01:41:30 PM »
this now ties in with another active thread "what i like most about brewing"  Not giving the government tax revenue on all the beer i don't buy because i am brewing it myself. 8)
Don AHA member

Offline bobburchler

  • 1st Kit
  • *
  • Posts: 12
    • View Profile
Re: Home Brewing Limit
« Reply #23 on: August 19, 2010, 01:44:02 PM »
I've already brewed  17, 10 gallon batches. You're correct, at 10 gallons a batch it adds up fast.

Offline tubercle

  • Senior Brewmaster
  • ******
  • Posts: 1639
  • Sweet Caroline
    • View Profile
Re: Home Brewing Limit
« Reply #24 on: August 19, 2010, 01:45:44 PM »
So, you bought 5000 lbs of malt and 50 lbs of hops to make 200 gals?
Yes I did, Your Honor.  But it was too much, and I didn't have a place to store it so I put it all in my compost pile.  I'm sure if they checked the police can verify that.

  Not to mention how much I love malt barley soup and hop tea :D
Sweet Caroline where the Sun rises over the deep blue sea and sets somewhere beyond Tennessee

Offline Pawtucket Patriot

  • Senior Brewmaster
  • ******
  • Posts: 1354
  • Rebelling against cheap swill since 2005
    • View Profile
    • Bauhaus Brew Labs
Re: Home Brewing Limit
« Reply #25 on: August 19, 2010, 01:46:56 PM »
  The way law enforcement works is if you brought enough attention to yourself, say by getting caught selling some, your bank/debit/credit transactions would be subpoenaed along with the records of the suppliers you were found to be doing business with. You don't have to be caught with over 200 gals on hand, they just have to prove you bought enough ingredients to produce that much.

That may indeed be how law enforcement would go about it, tubercle, but I think the authorities would be up a creek if that's all they had to go on.  The statute specifically says "any adult may . . . produce beer" up to the prescribed limits.  So, I think they'd actually have to prove that you produced beer in a quantity that exceeded the prescribed limit within a single calendar year.  A purchase of 5000 lbs of malt and 50 lbs of hops could just be stocking up before our future Chinese overlords artificially spike our commodities prices!   ;D :P
Matt Schwandt | Minneapolis, MN
AHA Member

Partial-Mash Pictorial
All-Grain Pictorial

Offline bluesman

  • Global Moderator
  • I must live here
  • *****
  • Posts: 8683
  • Delaware
    • View Profile
Re: Home Brewing Limit
« Reply #26 on: August 19, 2010, 01:50:29 PM »
For the benefit of inquiring minds...

26 U.S.C. section 5053(e)
(e) Beer for personal or family use
Subject to regulation prescribed by the Secretary, any adult may,
without payment of tax, produce beer for personal or family use and
not for sale. The aggregate amount of beer exempt from tax under
this subsection with respect to any household shall not exceed -
(1) 200 gallons per calendar year if there are 2 or more adults
in such household, or
(2) 100 gallons per calendar year if there is only 1 adult in
such household.
For purposes of this subsection, the term "adult" means an
individual who has attained 18 years of age, or the minimum age (if
any) established by law applicable in the locality in which the
household is situated at which beer may be sold to individuals,
whichever is greater.






Thanks Matt!

I vote for you to be our in house legal council.

Make that law degree earn some respect.   ;D
Ron Price

Offline marty

  • Cellarman
  • **
  • Posts: 98
    • View Profile
Re: Home Brewing Limit
« Reply #27 on: August 19, 2010, 01:52:29 PM »
dog house in the yard counts as a separate household right?


I love how the law implies it's legal for 18 year olds to homebrew and drink homebrew
« Last Edit: August 19, 2010, 01:54:55 PM by marty »

Offline gordonstrong

  • Senior Brewmaster
  • ******
  • Posts: 1355
    • View Profile
    • BJCP
Re: Home Brewing Limit
« Reply #28 on: August 19, 2010, 01:54:00 PM »
Quote
dog house in the yard counts as a separate household right?

Depends on how you answered the question, "do these jeans make my butt look big?"
Gordon Strong • Beavercreek, Ohio • AHA Member since 1997 • Twitter: GordonStrong

Offline blatz

  • Brewmaster General
  • *******
  • Posts: 2457
  • Paul Blatz - Jupiter, FL
    • View Profile
Re: Home Brewing Limit
« Reply #29 on: August 19, 2010, 01:54:04 PM »
dog house in the yard counts as a separate household right?

so long as the dog is over 3 years old  :D
The happiest people don’t necessarily have the best of everything; they just make the best of everything they have.

BJCP National: F0281