Idaho

Updated: 3/2022

Status: Permitted, Subject to use of native grown products

Statute

NEW STATUTE: House Bill no. 646

SECTION 1. That Section 23-501, Idaho Code, be, and the same is hereby amended to read as follows:

23-501. WINE, BEER, MEAD, CIDER, AND OTHER FERMENTED BEVERAGES FOR PERSONAL USE. (1) Any person shall have the privilege of manufacturing wine, beer, mead, cider, or other fermented beverages for the personal use of himself, family, and guests.

(2) The production of wine, beer, mead, cider, or other fermented beverages per household for family or personal use pursuant to this section may not exceed:

(a) Two hundred (200) gallons per calendar year if there are two (2) or more adults residing in the household; or

(b) One hundred (100) gallons per calendar year if there is one (1) adult residing in the household.

SECTION 2. That Chapter 5, Title 23, Idaho Code, be, and the same is hereby amended by the addition thereto of a NEW SECTION, to be known and designated as Section 23-520, Idaho Code, and to read as follows:

23-520. HOMEMADE BEER, WINE, MEAD, CIDER, AND OTHER FERMENTED BEVERAGES AT LICENSED PREMISES. In addition to any other privilege granted to a licensee under this chapter, a licensee may conduct an organized judging, tasting, exhibition, contest, or competition of homemade beer, wine, mead, cider, or other fermented beverages produced pursuant to section 23-501, Idaho Code. Consumption at such events shall be limited solely to the participants in and designated judges of such events. Fermented beverages used for the purposes described in this section shall be served in portions not exceeding six (6) ounces and shall not be sold to, offered for sale to, or made available for consumption by the general public.

SECTION 3. That Chapter 5, Title 23, Idaho Code, be, and the same is hereby amended by the addition thereto of a NEW SECTION, to be known and designated as Section 23-521, Idaho Code, and to read as follows:

23-521. STORAGE OF HOMEMADE BEER, WINE, MEAD, CIDER, AND OTHER FERMENTED BEVERAGES. (1) In addition to any other privilege granted to a licensee under this chapter, a licensee may allow homemade beer, wine, mead, cider, or other fermented beverages produced under section 23-501, Idaho Code, to be stored at the premises described in a full or limited on-premises sales license, off-premises sales license, brewery-public house license, brewery license, winery license, or warehouse license of the licensee. Homemade beer, wine, mead, cider, or other fermented beverages stored pursuant to this subsection must be clearly identified by the producer and kept separate from the alcoholic beverage stock of the licensee and may not be sold or made available for sale to the general public.

(2) A licensee may not acquire any ownership interest in any homemade beer, wine, mead, cider, or other fermented beverages produced under section 23-501, Idaho Code, that are stored pursuant to this section. However, this section does not prohibit a licensee from storing homemade beer, wine, mead, cider, or other fermented beverages produced under section 23-501, Idaho Code, in conducting an organized judging, tasting, exhibition, contest, or competition of the homemade beer, wine, mead, cider, or other fermented beverages, or related events, if the homemade beer, wine, mead, cider, or other fermented beverages are stored with the licensee for that purpose.

SECTION 4. An emergency existing therefor, which emergency is hereby declared to exist, this act shall be in full force and effect on and after July 1, 2022.

END OF NEW STATUTE

Idaho statute Title 23, Chapter 5, §23-501. NATIVE WINE OR BEER FOR PERSONAL USE. Any person shall have the privilege of manufacturing wine or brewing beer from native grown products for the personal use of himself, family, and guests.

Special Provisions

N/A

State Alcohol Beverage Control Agency

Applicable Statutory Material

Title 25, Chapter 10, §23-1001 Definitions.

As used in this chapter:

(a) The word “Beer” means any beverage obtained by the alcoholic fermentation of an infusion or decoction of barley, malt and/or other ingredients in drinkable water.

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.

Was this article helpful?
YesNo