South Carolina

Updated: 1/2009

Status: Permitted, subject to alcohol content.

Statute

south carolinaSouth Carolina code Title 61, Chapter 6, Article 1, § 61-6-20 provides that:

As used in the Alcohol Beverage Control Act (ABC Act), unless the context clearly requires otherwise: (1)(a) “Alcoholic liquors” or “alcoholic beverages” means any spirituous malt, vinous, fermented, brewed (whether lager or rice beer), or other liquors or a compound or mixture of them by whatever name called or known which contains alcohol and is used as a beverage, but does not include:

(i) Wine when manufactured or made for home consumption and which is not sold by the maker of the wine or by any other person; or

(ii) Any beverage declared by statute to be nonalcoholic or nonintoxicating.

Discussion

The opinion of the State Attorney General provides that beer not in excess of five percent alcohol by weight produced for home consumption may be legally manufactured. State Attorney General Opinion No. 2529 states that: “The provisions of Section 4-201 declare that all beers, ales, porter and other similar malt or fermented beverages containing not in excess of five per cent alcohol by weight are nonalcoholic. No statute has been found which states that beer with alcoholic content less than five per cent by weight cannot legally be made for home use.” “Consequently, this office is of opinion that such beer may be legally manufactured or produced for home consumption.”

Special Provisions

N/A

State Alcohol Beverage Control Agency

Applicable Statutory Material

South Carolina Attorney General’s Opinion No. 2529

South Carolina Code Title 61, Chapter 6, Article 1, § 61-6-20

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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