North Dakota

Updated: 9/1995

Status: Permitted

Statute

north dakotaNorth Dakota Title 5, Chapter 5-01, § 5-01-04 permits the manufacture of malt beverages and wine for personal or family use.

Discussion

Section 5-01-04 provides an exception to title 5 that allows the home production of beer subject to federal limits on quantity produced.

Special Provisions

N/A

State Alcohol Beverage Control Agency

  • Office of State Treasurer
  • Capitol Building, 3rd Floor
  • 600 East Boulevard Ave.
  • Bismark, ND 58505-0600
  • Phone: 701.328.2643
  • Fax: 701.328.3002

Applicable Statutory Material

§ 5-01-01. Definitions.

In this title:

1. “Alcohol” means neutral spirits distilled at or above one hundred ninety degrees proof, whether or not such product is subsequently reduced, for nonindustrial use.

2. “Alcoholic beverages” means any liquid suitable for drinking by human beings, which contains one-half of one percent or more of alcohol by volume.

3. “Beer” means any malt beverage containing more than one-half of one percent of alcohol by volume.

4. “Distilled spirits” means any alcoholic beverage that is not beer, wine, sparkling wine, or alcohol.

5. “Licensed premises” means the premises on which beer, liquor, or alcoholic beverages are normally sold or dispensed and must be delineated by diagram or blueprint which must be included with the license application or the license renewal application.

6. “Liquor” means any alcoholic beverage except beer.

7. “Microbrew pub” means a brewer that brews twenty-five or fewer barrels of beer per week and sells beer produced or manufactured on the premises for consumption on or off the premises, or serves beer produced or manufactured on the premises for purposes of sampling the beer.

8. “Sparkling wine” means wine made effervescent with carbon dioxide.

9. “Wine” means the alcoholic beverage obtained by fermentation of agricultural products containing natural or added sugar or such beverage fortified with brandy and containing not more than twenty-four percent alcohol by volume.

§ 5-01-02. Exceptions.

Nothing contained in this title may be construed to apply to the following articles, when they are unfit for beverage purposes:

1. Denatured alcohol produced and used pursuant to acts of Congress, and the regulations thereunder;

2. Patent, proprietary, medical, pharmaceutical, antiseptic, and toilet preparations;

3. Flavoring extracts, syrups, and food products;

4. Scientific, chemical, and industrial products; nor to the manufacture or sale of said articles containing alcohol. This title does not apply to wines delivered to priests, rabbis, and ministers for sacramental use.

§ 5-01-04. Manufacture of Alcoholic Beverages prohibited — Exceptions.

A person may manufacture malt beverages and wine for personal or family use, and not for sale, without securing a license if the amount manufactured is within quantities allowed by the bureau of alcohol, tobacco, and firearms of the United States treasury department. Any person manufacturing alcoholic beverages within this state in quantities greater than those permitted by the United States treasury department, is guilty of a class A misdemeanor and property used for same is subject to disposition by the court except that a person may establish a brewery for the manufacture of malt beverages or a distillery or other plant for the distilling, manufacturing, or processing of liquor within this state if he has secured a license from the state treasurer. Such license must be issued on a calendar-year basis with a fee of five hundred dollars. A first-time license fee may be reduced twenty-five percent for each full quarter of a year elapsed between the first day of the year for which the license is issued and the date on which the application for the license is filed with the state treasurer. Said license shall allow sale to only licensed wholesalers.

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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