North Carolina

Updated: 1/2019

Status: Permitted

Statute

North Carolina statute Chapter 18B, Article 1, §18B-101 defines Malt Beverage as beer, lager, malt liquor, ale, porter, and any other brewed or fermented beverage except unfortified or fortified wine as defined by this Chapter, containing at least one-half of one percent (0.5%), and not more than fifteen percent (15%), alcohol by volume. North Carolina Chapter 18B, Article 3, §18B-306 permits an individual to make, possess, and transport wines and malt beverages for the individual’s own use and for the use of the individuals family and guests, or the use at organized affairs, including competitions.

Discussion

North Carolina §18B-306 is a comprehensive provision enabling the manufacture of malt beverages for personal use. No ABC permit is required to make beverages pursuant to this section.

The Homemade Products permanent rules (14B NCAC 15A .2301) became effective January 1, 2019. These rules were adopted by the ABC Commission on November 14, 2018, approved by the Rules Review Commission on December 13, 2018, and added to the Administrative Code on December 22, 2018. These rules will also be published in the NC Register on February 1, 2019. These permanent rules are how the ABC will enforce the state’s homebrew law.

Special Provisions

Please reference the Homemade Products permanent rules in relation to the state statute regarding the legality of homebrew in North Carolina

State Alcohol Beverage Control Agency

• Alcoholic Beverage Commission
• 3322 Garner Road
• Raleigh, NC 27610

Mail:

• 4307 Mail Service Center
• Raleigh, NC 27699-4307
• Phone: 919.779.0700
• Fax: 919.662.3583

Applicable Statutory Material

§ 18B-101 Definitions.

As used in this Chapter, unless the context requires otherwise:

(4) “Alcoholic beverage” means any beverage containing at least one-half of one percent (0.5%) alcohol by volume, including malt beverages, unfortified wine, fortified wine, spirituous liquor, and mixed beverages.

(9) “Malt beverage” means beer, lager, malt liquor, ale, porter, and any other brewed or fermented beverage except unfortified or fortified wine as defined by this Chapter, containing at least one-half of one percent (0.5%), and not more than fifteen percent (15%), alcohol by volume. Any malt beverage containing more than six percent (6%) alcohol by volume shall bear a label clearly indicating the alcohol content of the malt beverage.

§ 18B‑306.  Making wines and malt beverages for private use.

(a)        Authority. – An individual may make, possess, and transport wines and malt beverages for the individual’s own use, the use of the individual’s family and guests, or the use at organized affairs, exhibitions, or competitions. For purposes of this section, the term “organized affairs, exhibitions, or competitions” includes homemaker’s contests, tastings, and judgings.

(b)        Selling Prohibited. – Wines and malt beverages made pursuant to this section may not be sold or offered for sale.

(c)        Kits. – Wine kits and malt beverage kits may be sold in this State.

(d)       Permit. – No ABC permit is required to make wines or malt beverages pursuant to this section.

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.