Georgia

Updated: 2/2015

Status: Permitted

Statute

Georgia statute § 3-5-4, amended in 2014, allows for the lawful production of beer in the home provided that it does not exceed 100 gallons per calendar year if there is only one person of legal drinking age in a residence, or 200 gallons per calendar year if there are two or more person of legal drinking age in a residence. This statute also allows for homebrew to be transported for the purpose of special homebrew events that have attained proper permits as well as for personal use to non-licensed locations without permits.

Discussion

The statute § 3-5-4 increases allowable production of homebrew to align volume restrictions with the federal limit and allows homebrew to be transported for permitted events such as contests tastings and judging. Permits must be obtained from the municipality or county where the event(s) is to be held. Homebrew transported to such an event must be labeled with the event permit number. The maximum amount of homebrew that can be transported to a permitted event is 25 gallons. Homebrew can be delivered to non-licensed, non-permitted locations, provided that not more than 128 ounces of beverage are transported and the bottles are securely sealed in containers labeled with the name of the producer and the address of the residence at which it was produced.

Special Provisions

N/A

State Alcohol Beverage Control Agency

• Alcohol and Tax Unit
• 270 Washington St. S.W. Room 320
• Atlanta, GA 30334
• (404) 656-4252
• FAX: (404) 651-6849

Applicable Statutory Material

“3-5-4

(a)(1) Malt beverages may be produced by a person in his or her private resident subject to limitations provided in this Code section.

(2) The total quantity of malt beverages that may be produced in any private residence shall be as follows:

(A) Not more than 100 gallons per calendar year if there is only one person of legal drinking age living in such residence; or

(B) Not more than 200 gallons per calendar year if there are two or more person of legal drinking age living in such residence;

provided, however, that no more than 50 gallons shall be produced in a 90 day period.

(b) Except as provided for in subsections (d) and (e) of this Code section, malt beverages produced in compliance with this code section may only be consumed at the residence where produced. Such malt beverages may only be consumed by person of legal drinking age.

(c) Malt beverages produced under the provisions of this Code section may be removed from the residence where produced for transportation and delivery by the producer for use at home-brew special events in a quantity not to exceed 25 gallons, provided that such malt beverages are securely sealed in one or more containers and clearly labeled with the following information:

(1) The name of the producer;

(2) The address of the residence at which it was produced;

(3) The name and address of the home-brew special event to which it is being transported; and

(4) The permit number under which the home-brew special event is being held.

If transported in a motor vehicle, the securely sealed containers shall be placed in a locked glove compartment, a locked trunk, or the area behind the last upright seat of a motor vehicle that is not equipped with a trunk.

(d) Malt beverages produced under the provisions of this Code section may be removed from the residence where produced for transportation and delivery by the producer to a location not licensed under this title and for which a permit has not been issued pursuant to subsection (e) of this Code section; provided that not more than 128 ounces of such malt beverages produced in the same residence shall be transported at one time; and provided, further, that such malt beverages shall be securely sealed in one or more containers and clearly labeled with the following information:

(1) The name of the producer; and

(2) The address of the residence at which it was produced.

If transported in a motor vehicle, the securely sealed containers shall be placed in a locked glove compartment, a locked trunk, or the area behind the last upright seat of a motor vehicle that is not equipped with a trunk.

(e)(1) Notwithstanding any other provisions of this title to the contrary, in all counties and municipalities in which the sale of malt beverages is lawful, the local governing authority may issue a home-brew special event permit for the holding of home-brew special events, including contests, tastings, and judgings. Any governing authority desiring to allow home-brew special events to be held within its jurisdiction shall provide by resolution or ordinance for the issuance of home-brew special event permits and shall specify the events that shall qualify as home-brew special events. A home-brew special event permit shall cost $50.00 and shall be valid for not more than six events per calendar year.

(2) Home-brew special events shall not be held at any location licensed under this title.

(3) Consumption of malt beverages at home-brew special events shall be limited solely to malt beverages produced pursuant to this Code section, and such malt beverages shall only be consumed by the participants in and judges of home-brew special events.

(f) Malt beverages produced pursuant to this code section shall not be sold, offered for sale, or made available for consumption by the general public.”

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.