New Jersey

Updated: 2/2012

Status: Permitted, subject to amount (gallonage) and age restriction

Statute

new jerseyNew Jersey §33:1-75 allows for the production of wine or malt alcoholic beverages in the home by persons over the age of 21, not to exceed 200 gallons per year, free from state excise tax. A requirement for New Jersey home beer and wine makers to obtain a state permit to practice their hobby was eliminated in January 2012.

State Alcohol Beverage Control Agency

Applicable Statutory Material

33:1-1. Definitions For the purpose of this chapter, the following words and terms shall be deemed to have the meanings herein given to them:

a. “Alcohol.” Ethyl alcohol, hydrated oxide of ethyl or neutral spirits from whatever source or by whatever process produced.

b. “Alcoholic beverage.” Any fluid or solid capable of being converted into a fluid, suitable for human consumption, and having an alcohol content of more than one-half of one per centum ( 1/2 of 1%) by volume, including alcohol, beer, lager beer, ale, porter, naturally fermented wine, treated wine, blended wine, fortified wine, sparkling wine, distilled liquors, blended distilled liquors and any brewed, fermented or distilled liquors fit for use for beverage purposes or any mixture of the same, and fruit juices.

33:1-75.1  Certain persons permitted to manufacture wine, malt alcoholic beverages at home, noncommercial premises.

     2. a. A person who is 21 years of age or older may manufacture within a home or other noncommercial premises wines or malt alcoholic beverages in quantities not exceeding 200 gallons per calendar year for the person’s personal or household use or consumption.

     b.    A special permit shall not be required to manufacture wines or malt alcoholic beverages pursuant to this section.

     c.     A person manufacturing malt alcoholic beveragespursuant to this section shall not be liable for any tax imposed under the “Alcoholic beverage tax law,” R.S.54:41-1 et seq.

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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