Arkansas

Updated: 4/2019

Status: Permitted

Statute

arkansasArkansas statute § 3-5-210 has been amended by Senate Bill 636. In addition, Arkansas statutes § 3-5-202 and § 3-5-205 have been amended by House Bill 1877.

Subsection § 3-5-202 (5)(a) concerning the definition of home-brewed has been amended to mean beer, ale, porter, stout, and other similar fermented beverages containing one-half of one percent (0.5%) or more of alcohol by volume brewed or produced from malt, wholly or in part, or from a substitute for malt, for consumption but not for sale.

Subsection § 3-5-205 (f)(1) allows the home production of beer upon an individual’s premises for consumption by his/her family and guests but not for sale, in quantities not to exceed two hundred gallons per year if there are two or more adults in such household or one hundred gallons if there is only one adult in such household. An additional subdivision has been added to the subsection to allow for homebrewed beer to be removed from the household for personal or family use, including without limitation, for organized affairs, exhibitions, competitions, and tastings.

Discussion

Arkansas has both Wet and Dry counties and municipalities. The state places great control on alcoholic beverages. The enactment of Senate Bill 636 on April 10, 1995 is a concise amendment to various Arkansas statutes allowing the home production of beer. The production of home brewed beer is subject to age, quantity, use, and alcoholic percentage constraints. The issue of possible taxation on such beer is not addressed by the recent statutory amendments.

The enactment of House Bill 1877 on April 15, 2019, is a concise amendment to change the home-brewed definition to be in line with part of the federal definition of beer “containing one-half of one percent (0.5%) or more of alcohol by volume brewed or produced from malt, wholly or in part, or from a substitute for malt” and to add the federal amendment allowing “removal of beer from the home for personal use as well as use at organized affairs and competitions.

Special Provisions

N/A

State Alcohol Beverage Control Agency

Alcoholic Control Board

  • 100 Main St., Suite 503
  • Little Rock, Arkansas 72201
  • Phone: 501.682.1105
  • Fax: 501.682.2221

Applicable Statutory Material

3-5-202 Definitions

(13) “Home brewed” means beer, ale, porter, stout, and other similar fermented beverages containing one=half of one percent (0.5%) or more of alcohol by volume brewed or produced from malt, wholly or in part, or from a substitute for malt, for consumption but not for sale. Provided any manufacture of home brewed beer must have attained the age of twenty-one (21) years of age.

3-5-205

(f)(1) However, any person in this state may manufacture home-brewed beer or home-manufactured wine:

(a) Upon his or her own premises free from the license fees and taxes provided in this subchapter; (b) For consumption by the manufacturer and his or her family and guests, but not for sale;  and; (c) In quantities per calendar year not to exceed: (i) Two hundred gallons (200 gals.) if there are two (2) or more adults in the household;  or (ii) One hundred gallons (100 gals.) if there is only one (1) adult in the household. (d) Home-brewed beer may be removed from the manufacturuer’s premises for personal or family use, including without limitation, for organized affairs, exhibitions, competitions, and tastings.

(f)(2) While the manufacture of beer or wine is declared to be a privilege, the home manufacture of beer or wine in quantities not to exceed two hundred gallons (200 gals.) per calendar year shall be exempted from § 3-4-101 , § 3-4-602 , § 3-5-205(a) – (e) , § 3-5-206 , and § 3-5-211 .

3-5-210. Sale or manufacture without state permit unlawful.

(a) Except as provided in subsection (b), any person who shall brew, manufacture, or sell any liquor as defined by this subchapter without first having secured a permit from the Director of the Alcoholic Beverage Control Division authorizing the brewing, manufacturing, or the sale of such liquor shall be deemed guilty of a misdemeanor and shall be punished as provided in § 3-5-203.

(b) Home manufactures of beer in quantities not to exceed two hundred (200) gallons per year shall be exempt as provided in 3-5-205(f)(2) and 3-5-207(b) from the permit requirements for the manufacture of beer and shall not be prosecuted for brewing or manufacturing beer without a permit.

3-5-409. Tax on manufacture and sale—Exception.

(c) However, any person in this state shall have the right to manufacture, free from the tax, from grapes, berries, or other fruits or vegetables grown in the State of Arkansas, native wine or light wine for consumption in their home by themselves and guests but not for sale, in quantities not to exceed two hundred gallons (200 gals.).

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.

 
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