Author Topic: WI Homebrewers Propose Legislation To Expand Use Restrictions  (Read 1910 times)

Offline Pawtucket Patriot

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WI Homebrewers Propose Legislation To Expand Use Restrictions
« on: September 07, 2011, 06:17:04 AM »
The Wisconsin Homebrewers Alliance has proposed draft legislation that would relax use restrictions. In particular, the legislation aims to carve out exceptions for uses or removals outside the home (competitions, exhibitions, tastings, etc.).

http://www.madisonbeerreview.com/2011/09/more-legislation-this-time-for.html
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Offline 1vertical

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Re: WI Homebrewers Propose Legislation To Expand Use Restrictions
« Reply #1 on: September 07, 2011, 07:05:30 AM »
What a great Direction to move towards.
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Offline Joe Sr.

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Re: WI Homebrewers Propose Legislation To Expand Use Restrictions
« Reply #2 on: September 07, 2011, 08:02:12 AM »
Any particular reason cider got dropped in the re-write?

Old:
(1) Making of wine, cider or fermented malt beverages at home solely for consumption
therein and use thereof in such home by the family and guests without compensation.

New:
(1) Making, possessing, storing, transporting, or consuming homemade wine or
fermented malt beverages produced in accordance with s. 125.06
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Offline tschmidlin

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Re: WI Homebrewers Propose Legislation To Expand Use Restrictions
« Reply #3 on: September 07, 2011, 08:51:01 AM »
I would have guessed it is because it is redundant.  In WA:
Quote
"Wine" means any alcoholic beverage obtained by fermentation of fruits (grapes, berries, apples, et cetera)

But that doesn't seem to be the case in WI:
Quote
Wine - Any beverage (except beer) made by a fermentation process from agricultural products, fruits and sugars, containing 0.5% or more of alcohol by volume [sec. 125.02(22), Wis. Stats.]. For example, beverages sold under the name of wine, vermouth, sake. It includes cider containing more than 7% alcohol by volume.

Cider - Any beverage obtained from the fermentation of the juice of apples, containing not less than 0.5% alcohol by volume and not more than 7% alcohol by volume [sec. 139.01(2m), Wis. Stats.]. Cider can be flavored, sparkling or carbonated. The definition of cider is effective July 1, 1998, per 1997 Wis. Act 136. Cider containing more than 7% alcohol by volume is taxed as wine.

I hope it gets added back. :-\
Tom Schmidlin

Offline boulderbrewer

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Re: WI Homebrewers Propose Legislation To Expand Use Restrictions
« Reply #4 on: September 07, 2011, 08:57:23 PM »
Cider is considered as an agricultured fruit same as grapes and is included.
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Re: WI Homebrewers Propose Legislation To Expand Use Restrictions
« Reply #5 on: September 07, 2011, 09:04:53 PM »
I will voice your concerns about cider as you posted for some clarifaction.

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Offline boulderbrewer

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Re: WI Homebrewers Propose Legislation To Expand Use Restrictions
« Reply #6 on: September 07, 2011, 09:15:28 PM »
  - Section 125.02 (22) defines "wine" to mean any product obtained from
   the fermentation of grapes, fruits, or agricultural products.  The
   definition specifically references wine, vermouth, cider, perry, mead, and
   sake.  I'm not a winemaker or meadmaker, but to me this definition seems to
   cover everything that most home winemakers or meadmakers would ferment.  If
   any of you disagree, or know of a beverage made by winemakers or meadmakers
   that wouldn't fall into this definition, let me know.
 
Is this wrong let me know so this can be changed or added.
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Offline tschmidlin

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Re: WI Homebrewers Propose Legislation To Expand Use Restrictions
« Reply #7 on: September 07, 2011, 11:16:35 PM »
I am not a lawyer anywhere, let alone in WI, but I think it needs to be included.

In the tax code it is defined this way:
http://docs.legis.wi.gov/statutes/statutes/139/I/01/2m
(2m) "Cider" means any alcoholic beverage that is obtained from the alcoholic fermentation of the juice of apples and that contains not less than 0.5% alcohol by volume and not more than 7.0% alcohol by volume. "Cider" includes, but is not limited to, flavored, sparkling and carbonated cider.

However under the alcoholic beverages it has the definition you showed:
http://docs.legis.wi.gov/statutes/statutes/125/I/02/22
(22) "Wine" means products obtained from the normal alcohol fermentation of the juice or must of sound, ripe grapes, other fruits or other agricultural products, imitation wine, compounds sold as wine, vermouth, cider, perry, mead and sake, if such products contain not less than 0.5 percent nor more than 21 percent of alcohol by volume.

So, for the top part shown in the post where it is modifying section 125, there is no need to include cider because the definition in section 125 includes it under wine.  However, in the bottom part where it is modifying section 139 I think cider needs to be spelled out because the definition in section 139 has cider separate.

Again, I'm not a lawyer so you should run it past someone who is.  That's just my take on it.
Tom Schmidlin

Offline Joe Sr.

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Re: WI Homebrewers Propose Legislation To Expand Use Restrictions
« Reply #8 on: September 08, 2011, 12:32:03 PM »
Since you usually only get one bite at the apple, so to speak, with passing such legislation I would second Tom's recommendation that this be looked at carefully.

Once this bill is passed, it is unlikely anyone would want to re-open the issue to correct any inadvertent mistakes.

It certainly can't hurt to leave cider in the definition and might hurt to take it out.
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Offline boulderbrewer

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Re: WI Homebrewers Propose Legislation To Expand Use Restrictions
« Reply #9 on: September 13, 2011, 07:56:04 PM »
I passed this on hopefully we rework this.
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Re: WI Homebrewers Propose Legislation To Expand Use Restrictions
« Reply #10 on: September 20, 2011, 08:16:52 PM »
It will be added back to where it was before. Good catch!
« Last Edit: September 22, 2011, 08:28:28 AM by boulderbrewer »
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Re: WI Homebrewers Propose Legislation To Expand Use Restrictions
« Reply #11 on: September 30, 2011, 08:48:48 PM »
Who will be sponsoring this in the legislature?
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Offline dmtaylor

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Re: WI Homebrewers Propose Legislation To Expand Use Restrictions
« Reply #12 on: October 01, 2011, 06:31:55 AM »
So far, we have received a joint response from Michael Ellis (Republican), State Senator - 19th Senate District, and Dean Kaufert (Republican), State Representative - 55th Assembly District, stating:

"We are interested in your proposal and will consider drafting legislation along the lines you have suggested."

As a realist, I take this to mean that they're thinking about moving it forward, and they do also say they are "continuing to work on this", but of course they aren't making any promises quite yet, especially regarding timeframe of when things might start rolling.  But I think that's okay -- I think it will all come together eventually.  My hope of course is for something to happen in the next 6 months, but who really knows -- I've no idea whatsoever.  Not getting my hopes up too terribly high.

We have also received a letter of interest and support in my local area from Bob Ziegelbauer (Independent), State Rep - 25th Assembly District, in response to a letter sent by a member of my homebrew club in support of the proposed legislation.  That was prior to having the draft in hand, but at least he has some awareness and understanding of the issue.

No doubt there are several other State Congresspeople who have been contacted by their concerned citizens.

It's slow going, but I think we'll get there.  Eventually.   :)
Dave

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