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Home Manufacture of Alcohol State Statutes

Home Manufacture of Alcoholic Beverages State Statutes

Alcoholic Beverages

Updated July 9, 2013

In 1978, Congress enacted Public Law 95-458 (H.R. 1337), amending the Internal Revenue Code to allow any adult to produce beer, without the payment of tax, for personal or family use. The beer produced per household may not exceed: (1) 200 gallons per calendar year if there are two or more adults residing in the household, or (2) 100 gallons per calendar year if there is only one adult residing in the household. Under the 27 C.F.R. §25.206, homemade beer for personal or family use may be removed from the premises where made for organized affairs, exhibitions or competitions such as homemaker's contests, tastings or judging. Under 27 C.F.R. 24.75, adults may produce wine for personal or family use in the same amount as allowed for beer.

In the 2013 legislative session, the remaining two states—Alabama and Mississippi—enacted legislation allowing home-brewed beer.

The chart below summarizes the state statutory provisions that allow for the home manufacture of alcoholic beverages, including beer, cider, mead and wine. Twenty-three states—Alabama, California, Colorado, Connecticut, Delaware, Florida, Georgia, Illinois, Indiana, Louisiana, Maryland, Michigan, Mississippi, Missouri, New Hampshire, Oklahoma, Oregon, Pennsylvania, Utah, Vermont, Virginia, Washington and Wisconsin—allow home-made alcoholic beverages to be transported to tasting competitions and judgings.

NOTE:  Please note the summaries should be used for general informational purposes and are not intended as a legal reference. NCSL is unable to provide assistance, give advice or answer questions regarding individual cases. If you have questions regarding home-made alcoholic beverages, please contact an attorney in your state or your state attorney general. 

AL | AK | AZ | AR | CA | CO | CTDE | DC | FL | GA | GU | HI | ID | IL | INIA | KSKY | LA | ME | MD | MA | MIMN | MS | MO
MT | NE | NV | NH | NJ | NMNY | NC | ND | CNMIOH | OK | OR | PA | PRRI | SC | SD | TN | TX | UT | VA | VI | WA | WVWI | WY
 

STATES
STATUTORY PROVISION
Alabama
Ala. Code §28-4-3
The laws against possession, transportation or delivery of prohibited liquors shall not apply to the possession of wine or cordial made from grapes or other fruit when the grapes or other fruit are grown by the person making the same for his own domestic use upon his own premises in this state and when such person keeps such wine or cordial for his own domestic use on his own premises in any quantity not exceeding five gallons for one family in 12 months.
2013 Act 204
(a) Notwithstanding any provisions to the contrary, a person who has not been convicted of a felony in Alabama or any other state or federal jurisdiction, and who is not prohibited by §28-1-5 , Code of Alabama 1975, from purchasing, consuming, possessing, or transporting alcoholic beverages due to age may produce at his or her legal residence beer, mead, cider, and table wine, as those terms are defined in §28-3-1 , Code of Alabama 1975, for personal use, in the amounts specified in this act, without payment of taxes or fees and without obtaining a license. The aggregate amount of the beer, mead, cider, and table wine permitted to be produced under this act, with respect to any legal residence, shall not exceed 15 gallons for each quarter of a calendar year. Further, there shall not be in any legal residence at any one time more than an aggregate amount of 15 gallons of beer, mead, cider, and table wine which has been produced under the authority of this act.
 
(b) Beer, mead, cider, or table wine produced under this act may not be sold or offered for sale.
 
(c) Beer, mead, cider, or table wine produced under this act may not be removed from the legal residence where it was produced, except in quantities no larger than 10 gallons, aggregate, for any one event, and to be transported for personal use at organized events of homebrew competitions and judgings licensed by the Alcoholic Beverage Control Board as a special events retail license under §28-3A-20, Code of Alabama 1975, provided that the license will not allow the purchase or sale of any alcoholic beverages when that license is used for this purpose. Organized events involving beer, mead, cider, or table wine produced for personal use may not be held on the premises of entities otherwise licensed under Title 28, Code of Alabama 1975.
 
(d) Nothing in this act permits the production of distilled liquors, for personal use or otherwise, or the use of distilled liquors or products in the production of beer, mead, cider, or table wine provided in this section.
 
(e) It shall be unlawful for any person less than 21 years of age to attempt to purchase, consume, possess, or transport beer, mead, cider, or table wine produced for personal use.
 
(f) It shall be unlawful for any person less than 21 years of age to attempt to purchase, possess, or transport any apparatus or equipment used to produce beer, mead, cider, or table wine. It shall be unlawful for any person, partnership, corporation, or other legal entity to sell, furnish, give away, or provide to any person less than 21 years of age any apparatus or equipment used to produce beer, mead, cider, or table wine.
 
(g) Nothing in this section permits the production of beer, mead, cider, or table wine in a dry municipality, as defined in Chapter 3 of Title 28, Code of Alabama 1975. Further, with the exception of wet municipalities, as defined in Chapter 3 of Title 28, Code of Alabama 1975, nothing in this section permits the production of beer, mead, cider, or table wine in a dry county as defined in Chapter 3 of Title 28, Code of Alabama 1975.
 
(h) The definitions contained in §28-3-1 of the Code of Alabama 1975, shall apply to this act.
 
(i) Any violation of this section shall be a Class B misdemeanor.
Alaska
Alaska Stat. §04.21.015
(a) Except as provided in (b) of this section, the provisions of this title do not apply to the private manufacture of alcoholic beverages.
 
(b) This section does not apply to AS 04.16.050 , 04.16.051, 04.16.080; AS 04.21.010 , 04.21.020; alcoholic beverages manufactured in a quantity that exceeds the limit imposed on private manufacture under federal law; or an area that has adopted a local option law under AS 04.11.491.
Arizona
Ariz. Rev. Stat. Ann. §4-226
The provisions of this title do not apply to:
3. Ethyl alcohol intended for use or used for the following purposes:
(b) Use by those authorized to procure spirituous liquor or ethyl alcohol tax-free, as provided by the acts of Congress and regulations promulgated thereunder.
Arkansas
Ark. Stat. Ann. §3-5-205
(f) (1) However, any person in this state may manufacture home-brewed beer or home-manufactured wine:
(A) Upon his or her own premises free from the license fees and taxes provided in this subchapter;
(B) For consumption by the manufacturer and his or her family and guests, but not for sale; and
(C) In quantities per calendar year not to exceed: (i) 200 gallons if there are two or more adults in the household; or (ii) 100 gallons if there is only one adult in the household.
 
(2) While the manufacture of beer or wine is declared to be a privilege, the home manufacture of beer or wine in quantities not to exceed 200 gallons per calendar year shall be exempted from §§3-4-101, 3-4-602, 3-5-205(a)-(e), 3-5-206, and 3-5-211.
Ark. Stat. Ann. §3-5-207
(b) No permit shall be required for the home manufacture of beer or wine in quantities not to exceed 200 gallons per calendar year under §§3-4-101, 3-4-602, 3-5-206, or 3-5-211 as may otherwise be required of other manufacturers.
California
Cal. Business and Professions Code §23356.2
(a) No license or permit shall be required for the manufacture of beer for personal or family use, and not for sale, by a person over 21 years of age. The aggregate amount of beer with respect to any household shall not exceed (1) 200 gallons per calendar year if there are two or more adults in the household or (2) 100 gallons per calendar year if there is only one adult in the household.
 
(b) No license or permit shall be required for the manufacture of wine for personal or family use, and not for sale, by a person over 21 years of age. The aggregate amount of wine with respect to any household shall not exceed (1) 200 gallons per calendar year if there are two or more adults in the household or (2) 100 gallons per calendar year if there is only one adult in the household.
 
(c) Any beer manufactured pursuant to this section may be removed from the premises where manufactured for use in competition at organized affairs, exhibitions, or competitions, including homemakers’ contests, tastings, or judgings.
 
(d) Any wine made pursuant to this section may be removed from the premises where made for personal or family use, including use at organized affairs, exhibitions, or competitions, such as homemakers’ contests, tastings, or judgings. Wine used under this section shall not be sold or offered for sale.
 
(e) Except as provided herein, nothing in this section authorizes any activity in violation of §§23300, 23355, or 23399.1.
Colorado
Colo. Rev. Stat. §12-47-106
(2) (a) Any provision of this article or article 46 of this title to the contrary notwithstanding, when permitted by federal law and rules and regulations promulgated pursuant thereto, a head of a family may produce for family use and not for sale such amount of fermented malt beverage or malt or vinous liquor as is exempt from the federal excise tax on such alcohol beverage when produced by a head of a family for family use and not for sale.
(b) The production of fermented malt beverages or malt or vinous liquors under the circumstances set forth in this subsection (2) shall be in strict conformity with federal law and rules and regulations issued pursuant thereto.
(c) Fermented malt beverages or malt or vinous liquors produced pursuant to the provisions of this subsection (2) shall be exempt from any tax imposed by this article, and the producer shall not be required to obtain any license provided by this article or article 46 of this title.
(d) Malt liquors produced pursuant to this subsection (2) may be transported and delivered by the producer to any licensed premise where consumption of malt liquors by persons over the age of 21 is authorized for use at organized affairs, exhibitions, or competitions, such as home brew contests, tastings, or judgings. Consumption shall be limited solely to the participants in and judges of such events. Malt liquors used for the purposes described in this paragraph (d) shall be served in portions not exceeding six ounces and shall not be sold, offered for sale, or made available for consumption by the general public.
Connecticut
Conn. Gen. Stat. §30-62b
Any person, other than a minor, may, without payment of tax, produce wine for personal or family use only. Such wine may be transported in sealed containers for use at organized affairs, including exhibitions, tastings, contests or competitions, but shall not be sold or offered for sale.
Conn. Gen. Stat. §30-77
(b) The provisions of this section shall not prohibit a person, other than a minor, from producing beer for personal or family use only, in the following amounts: (1) 100 gallons or less in one calendar year if there are two persons who have attained the age of 21 residing in the household; and (2) 50 gallons or less in one calendar year if there is only one person who has attained the age of 21 residing in the household. Such beer may be transported in sealed containers for use at organized affairs including beer exhibitions, contests or competitions. Such beer shall not be sold or offered for sale.
Delaware
Del. Code Ann. tit. 4, §707
(a) No license or special permit shall be required for the manufacture within homes, or other premises used in connection therewith, of beer in quantities of 200 gallons or less during any calendar year, or wine in quantities of 200 gallons or less during any calendar year, for the personal consumption only of the homeowner(s), their families or their guests; provided however, that such beer or wine shall not be offered for sale.
 
(b) Such beer or wine, when manufactured and used as set forth above, shall not be subject to any taxes imposed by the Liquor Control Act.
 
(c) Beer and wine manufactured pursuant to this section may be removed from the home and transported for personal or family use, and in addition may be transported for the purposes of participating in club-sponsored events and tasting competitions.
 
(d) Notwithstanding any other provision in this chapter or title, concentrated alcoholic beverages are not "home-manufactured beer or wine" for purposes of this section, and all commissioner regulations and tax requirements concerning home-manufactured beer or wine shall not apply to concentrated alcoholic beverages.
District of Columbia
D.C. Code Ann. §25-906
No tax shall be levied and collected on any alcoholic beverage exempt from tax under the laws of the United States, or on any alcohol sold for nonbeverage purposes by the licensee under a manufacturer's or wholesaler's license in accordance with the regulations promulgated by the Council.
Florida
Fla. Stat. §562.165
(1) Notwithstanding any provisions to the contrary, a person who is not prohibited by §562.111 from possessing alcoholic beverages may produce beer for personal or family use, and not for sale, in the amounts provided in this section without payment of taxes or fees or without a license. The aggregate amount of such beer permitted to be produced with respect to any household shall be as follows:
(a) Not in excess of 200 gallons per calendar year if there are two or more such persons in such household.
(b) Not in excess of 100 gallons per calendar year if there is only one such person in such household.
 
(2) Notwithstanding any provisions to the contrary, a person who is not prohibited by §562.111 from possessing alcoholic beverages may produce wine for personal or family use, and not for sale, in the amounts provided in this section without payment of taxes or fees or without a license. The aggregate amount of such wine permitted to be produced with respect to any household shall be as follows:
(a) Not in excess of 200 gallons per calendar year if there are two or more such persons in such household.
(b) Not in excess of 100 gallons per calendar year if there is only one such person in such household.
 
(3) Any personal or family production of beer or wine in excess of the amount permitted in this section or any sale of such alcoholic beverages constitutes a violation of the Beverage Law.
 
(4) Wine and beer made under the provisions of this section may be removed from the premises where made for personal or family use, including use at organized affairs, exhibitions, or competitions, such as homemakers’ contests, tastings, or judgings. Wine or beer used under this subsection shall not be sold or offered for sale.
Georgia
Ga. Code §3-5-4
(a) (1) Malt beverages may be produced by a person in his or her private residence subject to the limitations provided in this Code section.
(2) The total quantity of malt beverages that may be produced in any private residence shall be as follows:
(A) Not more than 100 gallons per calendar year if there is only one person of legal drinking age living in such residence; or
(B) Not more than 200 gallons per calendar year if there are two or more persons of legal drinking age living in such residence;
provided, however, that no more than 50 gallons shall be produced in a 90 day period.
 
(b) Except as provided for in subsection (d) of this Code section, malt beverages produced in compliance with this Code section may only be consumed at the residence where produced and only by persons of legal drinking age.
 
(c) Malt beverages produced under the provisions of this Code section may be removed from the residence where produced for transportation and delivery by the producer for use at home-brew special events in a quantity not to exceed 25 gallons, provided that such malt beverages are securely sealed in one or more containers and clearly labeled with the following information:
(1) The name of the producer;
(2) The address of the residence at which it was produced;
(3) The name and address of the home-brew special event to which it is being transported; and
(4) The permit number under which the home-brew special event is being held.
If transported in a motor vehicle, the securely sealed containers shall be placed in a locked glove compartment, a locked trunk, or the area behind the last upright seat of a motor vehicle that is not equipped with a trunk.
 
(d) (1) Notwithstanding any other provision of this title to the contrary, in all counties and municipalities in which the sale of malt beverages is lawful, the local governing authority may issue a home-brew special event permit for the holding of home-brew special events, including contests, tastings, and judgings at locations not otherwise licensed under this title. The local governing authority shall specify by ordinance or resolution the events that shall qualify as home-brew special events. A home-brew special event permit shall cost $50 and shall be valid for not more than six events per calendar year.
(2) Consumption of malt beverages at home-brew special events shall be limited solely to malt beverages produced pursuant to this Code section, and such malt beverages shall only be consumed by the participants in and judges of the home-brew special events.
(3) Any local governing authority that issues home-brew special event permits shall adopt ordinances or resolutions governing home-brew special events.
 
(e) Malt beverages produced pursuant to this Code section shall not be sold, offered for sale, or made available for consumption by the general public.
Ga. Code §3-6-3
(a) A head of a household may produce 200 gallons of wine in any one calendar year to be consumed within his own household without any requirement to be licensed for such purpose. Wine so produced shall not be subject to any excise tax imposed by this chapter.
 
(b) For purposes of this Code section, a single individual who is not a dependent of another person for purposes of Georgia income taxation shall be considered a head of a household.
Guam
Not specified in state statute, see federal law
Hawaii
Hawaii Rev. Stat. §281-3
It shall be unlawful for any person not having a valid license to manufacture or sell any liquor except as otherwise provided in this chapter; provided that the head of any family may produce for family use and not for sale an amount of wine not exceeding 200 gallons a year, and an amount of beer not exceeding 100 gallons a year.
Idaho
Idaho Code §23-501
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.
Illinois
Ill. Rev. Stat. ch. 235, §5/2-1
No person shall manufacture, bottle, blend, sell, barter, transport, transfer into this state from a point outside this state, deliver, furnish or possess any alcoholic liquor for beverage purposes, unless such person has been issued a license by the Commission or except as permitted by §6-29 of this Act or except as otherwise specifically provided in this Act; provided, however, nothing herein contained shall prevent the possession and transportation of alcoholic liquor by the possessor for the personal use of the possessor, his family and guests, nor prevent the making of wine, cider or other alcoholic liquor by a person from fruits, vegetables or grains, or the products thereof, by simple fermentation and without distillation, if it is made solely for the use of the maker, his family and his guests . . . 
Ill. Rev. Stat. ch. 235, §5/6-36 and 2013 Public Act 98-0055
(a) No license or permit is required under this Act for the making of homemade brewed beverages or for the possession, transportation, or storage of homemade brewed beverages by any person 21 years of age or older, if all of the following apply:
(1) the person who makes the homemade brewed beverages receives no compensation;
(2) the homemade brewed beverages is not sold or offered for sale; and
(3) the total quantity of homemade brewed beverages made, in a calendar year, by the person does not exceed 100 gallons if the household has only one person 21 years of age or older or 200 gallons if the household has two or more persons 21 years of age or older.
 
(b) A person who makes, possesses, transports, or stores homemade brewed beverages in compliance with the limitations specified in subsection (a) is not a brewer, craft brewer, wholesaler, retailer, or a manufacturer of beer for the purposes of this Act.
 
(c) Homemade brewed beverages made in compliance with the limitations specified in subsection (a) may be consumed by the person who made it and his or her family, neighbors, and friends at any private residence or other private location where the possession and consumption of alcohol is permissible under this Act, local ordinances, and other applicable law, provided that the homemade brewed beverages are not made available for consumption by the general public.
 
(d) Homemade brewed beverages made in compliance with the limitations specified in subsection (a) may be used for purposes of a public exhibition, demonstration, tasting, or sampling with sampling sizes as authorized by §6-31, if the event is held at a private residence or at a location other than a retail licensed premises. If the public event is not held at a private residence, the event organizer shall obtain a homebrewer special event permit for each location, and is subject to the provisions in subsection (a) of § 6-21. Homemade brewed beverages used for purposes described in this subsection (d), including the submission or consumption of the homemade brewed beverages, are not considered sold or offered for sale under this Act. A public exhibition, demonstration, tasting, or sampling with sampling sizes as authorized by §6-31 held by a licensee on a location other than a retail licensed premises may require an admission charge to the event, but no separate or additional fee may be charged for the consumption of a person's homemade brewed beverages at the public exhibition, demonstration, tasting, or sampling with sampling sizes as authorized by §6-31. Event admission charges that are collected may be partially used to provide prizes to makers of homemade brewed beverages, but the admission charges may not be divided in any fashion among the makers of the homemade brewed beverages who participate in the event. Homemade brewed beverages used for purposes described in this subsection (d) are not considered sold or offered for sale under this Act if a maker of homemade brewed beverages receives free event admission or discounted event admission in return for the maker's donation of the homemade brewed beverages to an event specified in this subsection (d) that collects event admission charges; free admission or discounted admission to the event is not considered compensation under this Act. No admission fee and no charge for the consumption of a person's homemade brewed beverage may be collected if the public exhibition, demonstration, tasting, sampling with sampling sizes as authorized by §6-31 is held at a private residence.
 
(e) A person who is not a licensee under this Act may at a private residence, and a person who is a licensee under this Act may on the licensed premises, conduct, sponsor, or host a contest, competition, or other event for the exhibition, demonstration, judging, tasting, or sampling of homemade brewed beverages made in compliance with the limitations specified in subsection (a), if the person does not sell the homemade brewed beverages and, unless the person is the brewer of the homemade brewed beverages, does not acquire any ownership interest in the homemade brewed beverages. If the contest, competition, exhibition, demonstration, or judging is not held at a private residence, the consumption of the homemade brewed beverages is limited to qualified judges and stewards as defined by a national or international beer judging program, who are identified by the event organizer in advance of the contest, competition, exhibition, demonstration, or judging. Homemade brewed beverages used for the purposes described in this subsection (e), including the submission or consumption of the homemade brewed beverages, are not considered sold or offered for sale under this Act and any prize awarded at a contest or competition or as a result of an exhibition, demonstration, or judging is not considered compensation under this Act. An exhibition, demonstration, judging, contest, or competition held by a licensee on a licensed premises may require an admission charge to the event, but no separate or additional fee may be charged for the consumption of a person's homemade brewed beverage at the exhibition, demonstration, judging, contest, or competition. A portion of event admission charges that are collected may be used to provide prizes to makers of homemade brewed beverages, but the admission charges may not be divided in any fashion among the makers of the homemade brewed beverages who participate in the event. Homemade brewed beverages used for purposes described in this subsection (e) are not considered sold or offered for sale under this Act if a maker of homemade brewed beverages receives free event admission or discounted event admission in return for the maker's donation of the homemade brewed beverages to an event specified in this subsection (e) that collects event admission charges; free admission or discounted admission to the event is not considered compensation under this Act. No admission fee and no charge for the consumption of a person's homemade brewed beverage may be charged if the exhibition, demonstration, judging, contest, or competition is held at a private residence. The fact that a person is acting in a manner authorized by this Section is not, by itself, sufficient to constitute a public nuisance under §10-7 of this Act. If the contest, competition, or other event is held on licensed premises, the licensee may allow the homemade brewed beverages to be stored on the premises if the homemade brewed beverages are clearly identified, kept separate from any alcohol beverages owned by the licensee. If the contest, competition, or other event is held on licensed premises, other provisions of this Act not inconsistent with this section apply.
 
(f) A commercial enterprise engaged primarily in selling supplies and equipment to the public for use by homebrewers may manufacture homemade brewed beverages for the purpose of tasting the homemade brewed beverages at the location of the commercial enterprise, provided that the homemade brewed beverages are not sold or offered for sale. Homemade brewed beverages provided at a commercial enterprise for tasting under this subsection (f) shall be in compliance with §§6-16, 6-21, and 6-31 of this Act. A commercial enterprise engaged solely in selling supplies and equipment for use by homebrewers shall not be required to secure a license under this Act,
however, such commercial enterprise shall secure liquor liability insurance coverage in an amount at least equal to the maximum liability amounts set forth in subsection (a) of §6-21 of this Act.
 
(g) Homemade brewed beverages are not subject to §8-1 of this Act.
Indiana
Ind. Code §7.1-1-2-3
(a) The provisions of this title shall not prohibit the following:
(4) The manufacture of wine or beer that is not offered for sale and is used only for the following purposes:
(A) Personal or family use.
(B) Use in the residence of the person who manufactures the wine or beer.
(C) Use at organized affairs or exhibitions.
(D) Technical or sensory evaluations.
(E) Wine or beer educational seminars.
(F) Wine or beer competitions, including contests, tastings, or judgings.
 
(b) The transportation and the possession of alcoholic beverages described in subsection (a)(4) shall not be prohibited but shall be subject to the applicable provisions of this title.
Iowa
Iowa Code §123.144 and 2013 H.F. 488
2. However, any person of legal age may bottle beer for personal use and if it is not sold or offered in exchange for any type of consideration. In addition, such beer may be removed from the premises where it was bottled for personal use if the beer is not sold or offered in exchange for any type of consideration.
Kansas
Kan. Stat. Ann. §41-104
No person shall manufacture, bottle, blend, sell, barter, transport, deliver, furnish or possess any alcoholic liquor for beverage purposes, except as specifically provided in this act, the club and drinking establishment act or article 27 of chapter 41 of the Kansas Statutes Annotated, except that nothing contained in this act shall prevent:
(a) The possession and transportation of alcoholic liquor for the personal use of the possessor, the possessor's family and guests except that the provisions of K.S.A. 41-407, and amendments thereto, shall be applicable to all persons;
(b) the making of wine, cider or beer by a person from fruits, vegetables or grains, or the product thereof, by simple fermentation and without distillation, if it is made solely for the use of the maker and the maker's family . . .
Kentucky
Not specified in state statute, see federal law
Louisiana
La. Rev. Stat. Ann. §26:793
A. (5)(a) Notwithstanding any other provision of law to the contrary, the commissioner shall issue a three-day special event permit to any retail dealer qualified for on premise consumption who applies for such permit at no fee authorizing the retail dealer to allow a person to bring homebrew alcoholic beverages on his licensed premises for the purpose of possessing, consuming, and serving such homebrew on his licensed premises in connection with homebrew club meetings, organized affairs, exhibitions, or competitions such as homebrewer's contests, tastings, or judging in accordance with all of the following criteria:
(i) Homebrew shall not be sold or offered for sale.
(ii) Homebrew shall be served only to those individuals attending the special event and shall not be served to the patrons of the retail establishment or general public.
(iii) All homebrew alcoholic beverages shall be removed from the licensed premises within a reasonable time upon conclusion of the special event.
(iv) The retail dealer shall not be required to obtain a special events permit from the Department of Health and Hospitals and shall be exempt from any additional compliance with the state's Sanitary Code but only with regard to the duration and location of the special event.
(b) For purposes of this Paragraph, "homebrew" shall mean the brewing of beer, mead, and other alcoholic beverages through fermentation on a small scale as a hobby for personal consumption, free distribution at residential social gatherings, and amateur brewing competitions or other noncommercial reasons as provided for in Paragraph (1) of this Subsection regarding special event licenses.
Maine
Not specified in state statute, see federal law
Maryland
Md. Tax-General Code Ann. §5-104
(a) In general. --
(1) The alcoholic beverage tax does not apply to an alcoholic beverage that is:
(iii) beer or wine that is family-produced and is brought into, possessed, or transported in the state by an individual who is a member of that family if:
1. the individual is at least 21 years of age; and
2. the beer or wine is for personal use or for entry in a licensed national family beer and wine exhibition . . .
Md. Code, Art. 2B, §1-201
(b) Family wine, beer, or cider for home consumption, etc. --
(1) A license or permit is not required for the manufacture of family wine, beer, or cider exclusively for home consumption, competition, or use in a licensed national family wine exhibition and not for sale.
(2) In St. Mary's County, cider or native wines may be sold by their maker without a license.
Md. Code, Art. 2B, §2-101
(m) National family beer and wine exhibition permit. --
(1) A national family beer and wine exhibition permit may be issued at the discretion of the Office of the Comptroller to a bona fide national family wine association, national family beer association, or national family beer and wine association.
(2) The permit holder may conduct a national family beer and wine exhibition and competition.
(3) The permit holder may receive for use, exhibition, and tastings at a national family beer and wine exhibit: (i) Tax free family-produced beer and wine; (ii) Tax paid commercially-produced beers and wines from licensed nonresident dealers or manufacturers through licensed Maryland wholesalers or wines through licensed Class 4 wineries; and (iii) Commercially-produced beer and wine from non-Maryland licensed manufacturers or suppliers subject to the tax imposed in §5-102 of the Tax - General Article.
(4) A nonresident dealer's permit is not required of a non-Maryland licensed supplier for shipment of beer and wine to a national family beer and wine exhibition permittee.
(5) The permit holder may not sell but may exhibit, judge, and taste beer and wine acquired pursuant to this section at the place designated in the application for a period not exceeding five days.
(6) Manufacturers, nonresident dealers, suppliers, and wholesalers or their representatives may act as judges or participate at a national family beer and wine exhibition.
(7) The permit may be granted for: (i) An unlicensed premises; (ii) A Class B or Class C alcoholic beverages licensed premises; or (iii) A Baltimore City Class B-D-7 alcoholic beverages licensed premises.
(8) The permit authorizes the possession and consumption of beer and wine on the named premises with the permission of the licensee as provided in this section, notwithstanding contrary provisions of § 12-107 of this article.
(9) (i) The permit holder shall file a report on forms provided by the Office of the Comptroller of the number of gallons of commercially-produced beer and wine received from nonlicensed suppliers, and pay the tax provided by §5-102 of the Tax - General Article within 30 days following the close of the exhibition. (ii) Instead of a bond, the Office of the Comptroller may require prepayment of a satisfactory sum to cover the anticipated tax.
Massachusetts
Mass. Gen. Laws Ann. ch. 138, §3
This chapter shall not apply to the manufacture or storage of alcoholic beverages by a person for his own private use or to sales of cider at wholesale by the original makers thereof, or to sales of cider by farmers, not to be drunk on the premises, in quantities not exceeding in the aggregate the product of apples raised by them in the season of, or next preceding, such sales, or to sales of cider in any quantity by such farmers not to be drunk on the premises if such cider does not contain more than three percent of alcohol by weight at 60 degrees Fahrenheit; nor shall this chapter apply to sales of cider by the original makers thereof other than such makers and farmers selling not to be drunk on the premises as aforesaid, if the cider does not contain more than three percent alcohol as aforesaid, not to be drunk on the premises as aforesaid.
Michigan
Mich. Comp. Laws §436.1207
This act does not apply to the following:
(b) Beer, wine, mead, honey-based beer, or cider of any alcoholic content made on the premises by the owner or lessee of those premises provided those premises are used and occupied by that owner or lessee as a dwelling and the beer, wine, mead, honey-based beer, or cider is made for family use and home consumption.
(c) The gift to an individual for noncommercial use or consumption of up to 20 gallons of beer, wine, mead, honey-based beer, or cider produced under the circumstances described in subdivision (b). This subdivision does not allow a person less than 21 years of age to possess, receive as a gift, or give beer, wine, mead, honey-based beer, or cider produced under the circumstances described in subdivision (b).
Mich. Comp. Laws §436.2027
(3) This section does not prohibit any of the following:
(d) A micro brewer, brewpub, or on-premises licensee from allowing the sampling and consumption on the licensed premises of beer, wine, mead, honey-based beer, or cider produced by one or more home brewers at a meeting of home brewers, or a club composed primarily of home brewers, under the following circumstances:
(i) The sampling or consumption is for the purpose of exhibitions or competitions involving home brewers.
(ii) The beer, honey-based beer, or cider is served in portions that do not exceed three ounces. The wine or mead is served in portions that do not exceed two ounces.
(iii) The beer, wine, mead, honey-based beer, or cider produced by the home brewer is only consumed by the home brewer, the home brewer's family, a club member, a judge, or a guest speaker and is not sold to members of the general public.
(iv) The participants in the sampling or consumption otherwise comply with applicable state and federal law and applicable regulatory provisions of this act and rules adopted by the commission under this act.
(v) The participants in the sampling or consumption are not charged for the sampling or consumption of the beer, wine, mead, honey-based beer, or cider.
Minnesota
Minn. Stat. §340A.301
Subd. 9. Unlicensed manufacture. Nothing in this chapter requires a license for the natural fermentation of fruit juices or brewing of beer in the home for family use.
Minn. Stat. §340A.33
Notwithstanding anything in this chapter, the owner of a brew on premises store shall not be considered a brewer, manufacturer, wholesaler, or retailer of intoxicating liquor if the owner complies with this section and with Code of Federal Regulations, title 27, part 25, subpart L, §§25.205 and 25.206. For purposes of this section, a brew on premises store is a facility that provides the ingredients and equipment for a customer to use to brew malt liquor at the store. Alcoholic beverages may not be sold or otherwise provided to customers of a brew on premises store, unless the owner of the brew on premises store holds the appropriate liquor license. Customers using the brew on premises store must be of the minimum age required to purchase intoxicating liquor. Malt liquor brewed by a customer in the store must not be sold and must be used by the customer solely for personal or family use.
Minn. Stat. §340A.34
A commercial establishment in which individuals make wine on the premises for personal and family use only and not for resale, using ingredients or materials or both supplied by the establishment, is not required to be licensed under this chapter if the establishment is operated in accordance with Code of Federal Regulations, title 27, §24.75. No person under the age of 21 years may participate in the making of wine in such an establishment. Alcoholic beverages may not be sold or otherwise provided to customers of an establishment described in this section unless the establishment holds the appropriate license for such sale or provision.
Mississippi
Miss. Code Ann. §67-3-11 and 2013 Chapter 345
(1) Every person shall have the right to make homemade wine for domestic or household uses only, free of all restraint by this chapter or otherwise, and no such election as provided for in §§67-3-7, 67-3-9 and 67-3-13, shall deprive any person of the right to make homemade wine for domestic or household uses only.
 
(2) (a) Every person 21 years of age or older shall have the right to make homemade beer for personal, family, domestic or household uses without restraint by this chapter or otherwise if the beer is made in a county or municipality in which the possession of light wine or beer is lawful.
(b) The maximum amount of homemade beer that a person may make in a calendar year shall not exceed: (i) 100 gallons if there is only one person over the age of 21 years of age residing in the household; and (ii) 200 gallons if there are two or more persons over the age of 21 years residing in the household.
(c) A person who makes homemade beer as authorized in this section may remove the beer from the premises of the household where it is made and transport the beer only for the purpose of participating in a bona fide exhibition, contest or competition where homemade beer is being tasted and judged; however, homemade beer may not be sold or offered for sale under any circumstances.
Miss. Code Ann. §97-31-21
It shall be unlawful for any person, firm or corporation to manufacture, or distill any vinous, malt, spirituous, or intoxicating liquor or drink which if drunk to excess will produce intoxication. But this statute shall not prohibit citizens of this state from making wine from grapes or berries grown in this state, at their respective homes and using and consuming the same in the home where made, by the family residing therein and dispensing same to guests within said home. . .
Missouri
Mo. Rev. Stat. §311.055 and 2013 S.B. 121
1. No person at least 21 years of age shall be required to obtain a license to manufacture intoxicating liquor, as defined in §311.020, for personal or family use. The aggregate amount of intoxicating liquor manufactured per household shall not exceed 200 gallons per calendar year if there are two or more persons over the age of 21 years in such household, or 100 gallons per calendar year if there is only one person over the age of 21 years in such household. Any intoxicating liquor manufactured under this section may not be offered for sale.
 
2. Beer brewed under this section may be removed from the premises where brewed for personal or family use, including use at organized affairs, exhibitions, or competitions, such as home brewer contests, tastings, or judging. The use may occur off licensed retail premises, on any premises under a temporary retail license issued under §§311.218, 311.482, 311.485, 311.486, or 311.487, or on any tax exempt organization's licensed premises as described in §311.090.
Montana
Mont. Code Ann. §16-3-201
(2) This code does not prohibit the manufacture of beer, for personal or family use and not intended for sale, that meets the exemptions of 26 U.S.C. §5053(e) and regulations implementing that section, including the brewing of beer, for personal or family use, on premises other than those of the person brewing the beer.
Nebraska
Neb. Rev. Stat. §53-168.06
No person shall manufacture, bottle, blend, sell, barter, transport, deliver, furnish, or possess any alcoholic liquor for beverage purposes except as specifically provided in the Nebraska Liquor Control Act. Nothing in the act shall prevent (1) the possession of alcoholic liquor legally obtained as provided in the act for the personal use of the possessor and his or her family and guests; (2) the making of wine, cider, or other alcoholic liquor by a person from fruits, vegetables, or grains, or the product thereof, by simple fermentation and without distillation, if made solely for the use of the maker and his or her family and guests  . . .
Nevada
Nev. Rev. Stat. §597.245
1. A person may operate an instructional wine-making facility if the person:
(a) Obtains a license for the facility pursuant to chapter 369 of NRS;
(b) Complies with the requirements of this section; and
(c) Complies with any other applicable governmental requirements for the operation of such a facility, including, without limitation, compliance with all applicable federal bonding, permitting and other requirements for the production, blending, treatment, storage and bottling of wine.
 
3. Wine produced on the premises of an instructional wine-making facility must be:
(a) Used, consumed or disposed of on the premises of the facility; or
(b) Distributed from the facility to a person of legal age who has participated directly in the process of wine making on the premises of the facility for the person’s own household or personal use. That person:
(1) May distribute the wine to any other person of legal age as a gift.
(2) Shall not remove from the facility:
(I) Any wine other than that which the person participated directly in the process of making on the premises of the facility.
(II) More than 60 gallons of wine during any period of 12 months.
New Hampshire
N.H. Rev. Stat. Ann. §175:5-b and 2013 Chapter 25
I. Except as provided in this section, this title shall not apply to the production of beer or wine other than fortified wine by persons over 21 years of age for personal or family use, when such beer or wine is not offered for sale or sold, when produced in the following aggregate amount per household:
(a) Not in excess of 200 gallons per calendar year if there are 2 or more persons producing beer or wine in such household.
(b) Not in excess of 100 gallons per calendar year if there is only one person producing beer or wine in such household.
 
II. It shall be unlawful for any person to produce beer or wine for personal or family use in excess of the amounts permitted in paragraph I or to offer for sale or sell such beer or wine.
 
III. Beer or wine produced under the provisions of paragraph I may be removed from the premises where made for personal or family use for use at organized home brewing meetings, exhibitions, or competitions, such as homebrewer’s contests, tastings, or judgings, and for personal off-premises use. Beer or wine used under this paragraph shall not be sold or offered for sale.
New Jersey
N.J. Rev. Stat. §33:1-75
b. The director may, subject to rules and regulations, issue special permits authorizing the manufacture of wines in an instructional winemaking facility by a person who is 21 years of age or older, residing within or without this state, in quantities not exceeding 200 gallons per calendar year for the person's personal or household use or consumption.
 
c. The director shall, by regulation, establish a reasonable fee to cover the costs incurred in issuing the special permits required by this section.
 
d. A person manufacturing wines pursuant to this section shall not be liable for any tax imposed under the "Alcoholic beverage tax law," R.S.54:41-1 et seq.
N.J. Rev. Stat. §33:1-75.1
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 beverages pursuant to this section shall not be liable for any tax imposed under the “Alcoholic beverage tax law,” R.S.54:41-1 et seq.
New Mexico
N.M. Stat. Ann. §60-6A-26.1
A. In any local option district, a person qualified under the provisions of the Liquor Control Act [60-3A-1 NMSA 1978], except as otherwise provided in the Domestic Winery and Small Brewery Act [60-6A-21 to 60-6A-28 NMSA 1978], may apply for and be issued a small brewer's license.
 
B. A small brewer's license authorizes the person to whom it is issued to:
(9) allow members of the public, on the licensed premises and under the direct supervision of the licensee, to manufacture beer for personal consumption and not for resale using the licensee's equipment and ingredients.
New York
Not specified in state statute, see federal law
North Carolina
N.C. Gen. Stat. §18B-306
An individual may make, possess, and transport native wines and malt beverages for his own use and for the use of his family and guests. Native wines shall be made principally from honey, grapes, or other fruit or grain grown in this state, or from wine kits containing honey, grapes, or other fruit or grain concentrates, and shall have only that alcoholic content produced by natural fermentation. Malt beverages may be made by use of malt beverage kits containing grain extracts or concentrates. Wine kits and malt beverage kits may be sold in this state. No ABC permit is required to make beverages pursuant to this section.
N.C. Gen. Stat. §18B-1001
When the issuance of the permit is lawful in the jurisdiction in which the premises are located, the Commission may issue the following kinds of permits:
(14) Brew on Premises Permit. – A permit may be issued to a business, located in a jurisdiction where the sale of malt beverages is allowed, where individual customers who are 21 years old or older may purchase ingredients and rent the equipment, time, and space to brew malt beverages for personal use in amounts set forth in 27 C.F.R. §25.205. The customer must do all of the following:
a. Select a recipe and kettle.
b. Weigh out the proper ingredients and add them to the kettle.
c. Transfer the wort to the fermenter.
d. Add the yeast.
e. Place the ingredients in a fermentation room.
f. Filter, carbonate, and bottle the malt beverage.
A permittee may transfer the ingredients from the fermentation room to the cold room and may assist the customer in all the steps involved in brewing a malt beverage except adding the yeast. A malt beverage produced under this subdivision may not contain more than six percent alcohol by volume.
 
(17) Winemaking on Premises Permit. – A permit may be issued to a business, located in a jurisdiction where the sale of unfortified wine is allowed, where individual customers who are 21 years old or older may purchase ingredients and rent the equipment, time, and space to make unfortified wine for personal use in amounts set forth in 27 C.F.R. §24.75. Except for wine produced for testing equipment or recipes and samples pursuant to this subdivision, the permit holder shall not engage in the actual production or manufacture of wine. Samples may be consumed on the premises only by a person who has a nonrefundable contract to ferment at the premises, and the samples may not exceed one ounce per sample. All wine produced at a winemaking on premises facility shall be removed from the premises by the customer and may only be used for home consumption and the personal use of the customer.
North Dakota
N.D. Cent. Code §5-01-04
A person may manufacture alcoholic beverages for personal or family use, and not for sale, without securing a license if the amount manufactured is within quantities allowed by the Alcohol and Tobacco Tax and Trade Bureau of the U.S. Treasury Department. Any person manufacturing alcoholic beverages within this state in quantities greater than those permitted by the Alcohol and Tobacco Tax and Trade Bureau of the U.S. Treasury Department is guilty of a class A misdemeanor and property used for the same is subject to disposition by the court except any person may establish a brewery for the manufacture of malt beverages, a winery, or a distillery or other plant for the distilling, manufacturing, or processing of alcohol within this state if the person has secured a license from the tax commissioner. This license must be issued on a calendar-year basis with a fee of $500. A first-time license fee may be reduced 25 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 tax commissioner. A license may not be issued for any period for a fee less than one-half of the annual license fee. This license shall allow sale to only licensed wholesalers.
N. Mariana Islands not available
Ohio
Not specified in state statute, see federal law
Oklahoma
Okla. Stat. tit. 37, §163.1
Provided, that nothing herein shall prevent a person from making low-point beer, as defined by §163.2 of this title, by simple fermentation for personal use if the maker of such beverages has first applied for and possesses a valid personal use permit issued by the Alcoholic Beverage Laws Enforcement Commission, as provided in §4 of this act, and the total volume of low-point beer produced in any given calendar year is less than 200 gallons. No beverage made pursuant to a personal use permit shall be sold or offered for sale.
Okla. Stat. tit. 37, §505
A. No person shall manufacture, rectify, sell, possess, store, import into or export from this state, transport, or deliver any alcoholic beverage except as specifically provided in the Oklahoma Alcoholic Beverage Control Act. Provided, that nothing herein shall prevent the possession and transportation of alcoholic beverages for the personal use of the possessor and his or her family and guests, so long as the Oklahoma excise tax has been paid thereon, except for beer. Provided, further, that nothing herein shall prevent a person from making beer, as defined by §506 of this title, cider, or wine, as defined by §506 of this title, by simple fermentation and without distillation for personal use if the maker of such beverages has first applied for and possesses a valid personal use permit issued by the Alcoholic Beverage Laws Enforcement Commission as provided in §4 of this act and the total volume of beer, cider or wine produced in any given calendar year is less than 200 gallons. No beverages made pursuant to a personal use permit shall be sold or offered for sale.
Okla. Stat. tit. 37, §520A
The Alcoholic Beverage Laws Enforcement Commission is authorized to issue, upon application of a person who is 21 years of age or older, an annual personal use permit which when granted authorizes the holder thereof to make, store, possess and transport for personal use, low-point beer as defined by §163.2 of this title, beer as defined by §506 of this title, fermented non-distilled ciders, and wine as defined by §506 of this title. The total volume of each authorized beverage made and possessed for personal use in a given calendar year shall be limited to a volume less than 200 gallons. The term "personal use" as used in this section and §§163.1 and 505 of Title 37 of the Oklahoma Statutes means the individual making beverages pursuant to a valid personal use permit issued by the Alcoholic Beverage Laws Enforcement Commission produces such beverages solely for his or her use and consumption, for consumption by his or her family and guests, and for transport to and use at organized affairs, exhibitions or competitions, including, but not limited to, homemaker contests, tastings or judgings. No beverage made pursuant to a personal use permit shall be sold or offered for sale.
Okla. Stat. tit. 37, §554
A. The excise tax levied by Section 553 of this title shall not apply to:
4. Beer, cider and wine made for personal use pursuant to a personal use permit issued as provided in Section 505 of this title
Oregon
Or. Rev. Stat. §471.037
(1) As used in this section and ORS 471.268:
(a)(A) “Financial consideration,” except as provided in subparagraph (B) of this paragraph, means value that is given or received directly or indirectly through sales, barter, trade, fees, charges, dues, contributions or donations.
(B) “Financial consideration” does not mean any of the following:
(i) A tax deduction or credit for donating beer, wine or fermented fruit juice to a nonprofit organization.
(ii) An event admission charge or club or organization dues, if the amount of the admission charge or dues is independent of the amount of alcoholic beverages to be provided or consumed at the event or through club or organization activities.
(iii) A prize awarded at a state or county fair or other organized judging, tasting, exhibition, contest or competition at which consumption of a submitted beer, wine or fermented fruit juice is without charge and only by the entrants, submitters, judges, exhibitors, contestants or competitors.
(iv) Homemade beers, wines or fermented fruit juices made by other persons.
(v) Beer, wine or fermented fruit juice ingredients.
(vi) Wages and salaries paid by an educational organization for teaching brewing, winemaking, fermentation science or fermentation processes.
(b) “Homemade” means made for noncommercial purposes.
(c) “Noncommercial” means not dependent or conditioned upon the provision or receipt of financial consideration.
 
(2) Except as provided in subsection (3) of this section, the Liquor Control Act does not apply to the following:
(a) The making of homemade beer, wine or fermented fruit juice, if the total of beer, wine and fermented fruit juice produced during a calendar year does not exceed:
(A) 100 gallons in a household having one person who is 21 years of age or older; or
(B) 200 gallons in a household having two or more persons who are 21 years of age or older.
(b) The keeping, storage or transportation of homemade beer, wine or fermented fruit juice.
(c) The possession of mash, wort or wash, for the purpose of making homemade beer, wine or fermented fruit juice.
(d) Except as provided in ORS 471.268, the noncommercial consumption at any location of homemade beer, wine or fermented fruit juice.
 
(3) Subsection (2) of this section does not exempt any person from ORS 471.410, 471.430 or 471.432.
Or. Rev. Stat. §471.268
(1) 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 malt beverages and wines produced under ORS 471.403 (2) and (3) or homemade beers, wines and fermented fruit juices, or related events, 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. However, the Oregon Liquor Control Commission may restrict the portion of the licensed premises that may be used for the judging, tasting, exhibition, contest, competition or related events and may restrict or prohibit sales of alcoholic beverages on the portion of the premises that is being used for conducting the judging, tasting, exhibition, contest, competition or related events.
 
(2) In addition to any other privilege granted to a licensee under this chapter, a licensee may allow malt beverages and wines produced under ORS 471.403 (2) and (3) or homemade beers, wines and fermented fruit juices 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. The malt beverages or wines and the homemade beers, wines or fermented fruit juices must be clearly identified by owner and kept separate from the alcoholic beverage stock of the licensee.
 
(3) A licensee may not acquire any ownership interest in malt beverages and wines produced under ORS 471.403 (2) and (3) or homemade beers, wines or fermented fruit juices stored under this section. However, this subsection does not prohibit a licensee from using malt beverages and wines produced under ORS 471.403 (2) and (3) or homemade beers, wines or fermented fruit juices in conducting an organized judging, tasting, exhibition, contest or competition of the malt beverages and wines or homemade beers, wines or fermented fruit juices, or related events, if the malt beverages and wines or the homemade beers, wines or fermented fruit juices are stored with the licensee for that purpose.
Or. Rev. Stat. §471.403
(1) Except as provided in this section, a person may not brew, ferment, distill, blend or rectify any alcoholic liquor unless licensed so to do by the Oregon Liquor Control Commission.
 
(2) The holder of a brewery-public house license or a brewery license may allow patrons to brew malt beverages not to exceed 14 percent alcoholic content by volume if the brewing is conducted under the direct supervision of the licensee or employees of the licensee. Malt beverages produced under this subsection may not be sold by the patron.
 
(3) The holder of a winery license may allow patrons to make wine if the winemaking is conducted under the direct supervision of the licensee or employees of the licensee. Wine produced under this subsection may not be sold by the patron.
 
(4) A person may make homemade beer, wine and fermented fruit juice as authorized under ORS 471.037. A person may provide assistance to another in making the homemade beer, wine or fermented fruit juice, if the person does not receive financial consideration as defined in ORS 471.037 for providing the assistance.
Pennsylvania
Pa. Stat. tit. 47, §4-492
It shall be unlawful--
(1) Manufacturing Without License. Except as provided herein, for any person, to manufacture malt or brewed beverages, unless such person holds a valid manufacturer's license for such purpose issued by the board. Malt or brewed beverages may be produced by any person without a license if such malt or brewed beverages are produced not for sale and total production does not exceed 200 gallons per calendar year. Malt or brewed beverages produced in accordance with this paragraph may be used at organized affairs, exhibitions, competitions, contests, tastings or judging provided it is not sold or offered for sale.
Puerto Rico
Not specified in state statute, see federal law
Rhode Island
R.I. Gen. Laws §3-1-3
Nothing contained in this title and chapter shall be construed as to prohibit the manufacture of cider, or the sale of cider; or the manufacture of wine or malt liquors for domestic use.
R.I. Gen. Laws §3-7-7.4
(a) A brew on premises license (BOP) authorizes the holder to provide brewing supplies and facilities to the public for the private manufacture of malt beverages on the licensed premises. The BOP license shall not authorize the sale of malt beverage to the general public on the premises nor the consumption of alcoholic beverages on the premises. The annual fee for the license shall be $1,000 for producing more than 50,000 gallons per year and $100 per year for producing less than 50,000 gallons per year, prorated to the year ending December 1 in every calendar year and paid to the director of the department of business regulation. . . .
 
(d) Any facility issued a license pursuant to this section shall, in addition to any federal regulations, comply with the following conditions:
(4) The same individual is responsible for brewing, handling or transporting the beer produced and must be at least 21 years of age. This individual may produce beer within the prescribed quantity of limitations, shall not transport in excess of 20 gallons of beer produced, and may not sell beer produced. Production of beer for personal use may not be in violation of federal law or regulation or state law or regulation. Beer produced at a brew on premises facility may be removed only for the personal use of the brewer.
(ii) The production of beer per household for personal or family use may not exceed:
(A) 200 gallons per calendar year if there are two or more adults residing in the household; or
(B) 100 gallons per calendar year if there is only one adult residing in the household; . . .
South Carolina
S.C. Code Ann. §61-6-20
As used in the 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 another person . . .
South Dakota
S.D. Codified Laws Ann. §35-1-5.4
Any person who produces for personal, family, or similar use 200 gallons or less of malt beverage each year or any person who produces for personal, family, or similar use 200 gallons or less of wine each year is exempt from any license required by this title and is exempt from any tax or fee imposed by this title. The malt beverage or wine produced pursuant to this section may not be sold or offered for sale.
Tennessee
Tenn. Code Ann. §39-17-708
(a) Notwithstanding the provisions of this part, a private individual in the person's own home may manufacture and possess wine or beer in an amount not in excess of that amount annually permitted as of January 1, 1997, by federal statutes and regulations relative to household manufacture and consumption; provided, that the wine or beer is for personal consumption by members and guests of the household. Such wine or beer may also be transported by the person, member or guest without being in violation of this part; provided, that the amount being transported at any one time shall not exceed five gallons.
 
(b) It shall be inferred that transportation of more than five gallons is for the purpose of resale or redistribution.
 
(c) For purposes of this section, "beer" means the undistilled and unfortified product, of any name or description, of the normal alcoholic fermentation of malt or other ingredients except grapes.
Tenn. Code Ann. §57-3-207
(e) Notwithstanding this section, a private individual in that person's own home may manufacture wine in an amount not in excess of that amount annually permitted as of March 22, 1973, by federal statute and regulations relative to household manufacture and consumption; provided, that the wine is for personal consumption by members of that person's household.
Tenn. Code Ann. §57-3-218
(a) A winemaking on premises facility license may be issued as provided in this section for a business, located in a jurisdiction where the establishment of a winery is permitted pursuant to §57-3-207, where individual customers who are 21 years of age or older may purchase ingredients and rent the equipment, time, and space to manufacture wine, as defined in §57-3-101, for personal use in an amount not to exceed the maximum amount that a private individual in that person's own home may manufacture pursuant to §57-3-207(e). Any applicant for licensure under this section shall submit a verified, written application to the commission on the proper form authorized to be prescribed and furnished in this section, and the application may be granted by the commission, subject to the restrictions of this chapter. Subject to the limitations of subsection (b), any winemaking on premises facility license issued pursuant to this section shall authorize the holder of the license and the holder's customers to manufacture, but not rectify, wine, and the winemaking on premises facility license shall authorize the holder of the license and the holder's customers to place the wine in containers or bottles. . . .
Texas
Tex. Alcoholic Beverage Code Ann. §109.21
(a) The head of a family or an unmarried adult may produce for the use of his family or himself not more than 200 gallons of wine, ale, malt liquor, or beer, per year. No license or permit is required.
 
(b) The commission may prohibit the use of any ingredient it finds detrimental to health or susceptible of use to evade this code. Only wine made from the normal alcoholic fermentation of the juices of dandelions or grapes, raisins, or other fruits may be produced under this section. Only ale, malt liquor, or beer made from the normal alcoholic fermentation of malted barley with hops, or their products, and with or without other malted or unmalted cereals, may be produced under this section. The possession of wine, ale, malt liquor, or beer produced under this section is not an offense if the person making it complies with all provisions of this section and the wine, ale, malt liquor, or beer is not distilled, fortified, or otherwise altered to increase its alcohol content.
 
(c) There is no annual state fee for beverages produced in compliance with this section.
Utah
Utah Code Ann. §32B-11-202
(1) As used in this section, "fermented alcoholic beverage" means: (a) beer; (b) heavy beer; or (c) wine.
 
(2) An individual may without being licensed under this chapter manufacture in the individual's personal residence a fermented alcoholic beverage if:
(a) the individual is 21 years of age or older;
(b) the individual manufactures no more than:
(i) 100 gallons in a calendar year, if there is one individual that is 21 years of age or older residing in the household; or
(ii) 200 gallons in a calendar year, if there are two or more individuals who are 21 years of age or older residing in the household;
(c) the fermented alcoholic beverage is manufactured and used for personal or family use and consumption, including use at an organized event where fermented alcoholic beverages are judged as to taste and quality; and
(d) the fermented alcoholic beverage is not for: (i) sale or offering for sale; or (ii) consumption on a licensed premise.
 
(3) An individual may store a fermented alcoholic beverage manufactured as provided in Subsection (2) in the individual's personal residence.
 
(4) A fermented alcoholic beverage manufactured in accordance with Subsection (2) may be removed from the premises where it is manufactured:
(a) for personal or family use, including use at an organized event where fermented alcoholic beverages are judged as to taste and quality;
(b) if the fermented alcoholic beverage is transported in compliance with §41-6a-526; and
(c) if the fermented alcoholic beverage is removed only in the following quantities:
(i) for personal and family use that is unrelated to an organized event where fermented alcoholic beverages are judged as to taste and quality, the quantity that may be possessed at one time is:
(A) one liter of wine for each individual who is 21 years of age or older residing in the household;
(B) 72 ounces of heavy beer for each individual who is 21 years of age or older residing in the household; or
(C) 72 ounces of beer for each individual who is 21 years of age or older residing in the household; and
(ii) for on-premise consumption at an organized event where fermented alcoholic beverages are judged as to taste and quality, the quantity that may be removed for each organized event is:
(A) one liter of wine for each wine category in which the individual enters, except that the individual may not remove wine for more than three categories for the same organized event;
(B) 72 ounces of heavy beer for each heavy beer category in which the individual enters, except that the individual may not remove heavy beer for more than three categories for the same organized event; or
(C) 72 ounces of beer for each beer category in which the individual enters, except that the individual may not remove beer for more than three categories for the same organized event.
 
(5) A partnership, corporation, or association may not manufacture a fermented alcoholic beverage under this section for personal or family use and consumption without obtaining a license under this chapter, except that an individual who operates a brewery under this chapter as an individual owner or in partnership with others, may remove beer from the brewery for personal or family use in the amounts described in Subsection (2)(b).
Vermont
Vt. Stat. Ann. tit. 7, §2
(30) "Home-fermented beverages": malt or vinous beverages produced at home and not for sale.
Vt. Stat. Ann. tit. 7, §65
(a) A person of legal age may, without obtaining a license under this title or paying state taxes or fees, produce malt or vinous beverages, or both, at home provided that the amount of home-fermented beverages produced by that person does not exceed the quantities limitation in 26 U.S.C. §§5053 and 5042.
 
(b) Home-fermented beverages produced pursuant to this section may be transported to and offered for tasting at an organized event, exhibition, or competition held for home-fermented beverages, provided all the following conditions are met:
(1) The sponsor provides written notice of the event to the department no later than 10 days prior to the date of the event. The notice shall include a description of the delineated area in which the tastings will be offered, and in the case of a competition, the names of the judges hired by the sponsor.
(2) The public is not charged a fee for the tastings or for admission to the event, exhibition or competition. However, the sponsor may charge a fee to the producers of home-fermented beverages for their participation in the event.
(3) Tastings of home-fermented beverages are offered only within the delineated area specified in the notice to the department.
(4) No home-fermented beverages may be sold or offered for sale to the public, and all unused home-fermented beverages shall be disposed of by the permit holder.
(5) The event will be conducted in compliance with all the requirements of this title.
(6), (7) [Deleted.]
 
(c) A person who sponsors an organized event, exhibition or competition under this section or participates in the event as a producer of home-fermented beverages who violates any provision of this section may be fined not more than $ 1,000.
Virginia
Va. Code §4.1-200
The licensure requirements of this chapter shall not apply to:
6. Any person who manufactures at his residence or at a gourmet brewing shop for domestic consumption at his residence, but not to be sold, dispensed or given away, except as hereinafter provided, wine or beer or both, in an amount not to exceed the limits permitted by federal law.
 
Any person who manufactures wine or beer in accordance with this subdivision may remove from his residence an amount not to exceed 50 liters of such wine or 15 gallons of such beer on any one occasion for (i) personal or family use, provided such use does not violate the provisions of this title or Board regulations; (ii) giving to any person to whom wine or beer may be lawfully sold an amount not to exceed (a) one liter of wine per person per year or (b) 72 ounces of beer per person per year, provided such gift is for noncommercial purposes; or (iii) giving to any person to whom beer may lawfully be sold a sample of such wine or beer, not to exceed (a) one ounce of wine by volume or (b) two ounces of beer by volume for on-premises consumption at events organized for judging or exhibiting such wine or beer, including events held on the premises of a retail licensee. Nothing in this paragraph shall be construed to authorize the sale of such wine or beer.
 
The provision of this subdivision shall not apply to any person who resides on property on which a winery, farm winery, or brewery is located.
Virgin Islands Not specified in state statute, see federal law
Washington
Wash. Rev. Code §66.12.010
Nothing in this title, other than RCW 66.28.140, applies to wine or beer manufactured in any home for private consumption, and not for sale.
Wash. Rev. Code §66.28.140
(1) An adult member of a household may remove family beer or wine from the home subject to the following conditions:
(a) The quantity removed by a producer is limited to a quantity not exceeding twenty gallons;
(b) Family beer or wine is not removed for sale; and
(c) Family beer or wine is removed from the home for private use, including use at organized affairs, exhibitions, or competitions such as homemaker's contests, tastings, or judging.
 
(2) As used in this section, "family beer or wine" means beer or wine manufactured in the home for private consumption, and not for sale.
West Virginia
W. Va. Code §60-6-2
The provisions of this chapter may not prevent:
(1) A person from manufacturing wine at his or her residence for consumption at his or her residence as permitted by section one of this article.
Wisconsin
Wis. Stat. §125.06
No license or permit is required under this chapter for:
(3) THEMAKING OF HOMEMADE WINE OR FERMENTED MALT BEVERAGES.
(a) The making of homemade wine or fermented malt beverages, and the possession, transportation, or storage of homemade wine or fermented malt beverages, by any person if all of the following apply:
1. The person who makes the wine or fermented malt beverages receives no compensation.
2. The wine or fermented malt beverages are not sold or offered for sale.
3. The total quantity of wine or fermented malt beverages made, in a calendar year, by the person and any other person living in the same household does not exceed 100 gallons if the household has only one person of legal drinking age or 200 gallons if the household has two or more persons of legal drinking age.
(b) A person who makes, possesses, transports, or stores homemade wine or fermented malt beverages in compliance with the limitations specified in par. (a) is not a brewer or a manufacturer of wine for purposes of this chapter.
(c) Homemade wine or fermented malt beverages made in compliance with the limitations specified in par. (a) may be consumed by the person who made it and his or her family, neighbors, and friends at any private residence or other private location where the possession and consumption of alcohol is permissible under this chapter, local ordinances, and other applicable law.
This paragraph does not apply to licensed premises.
 
(3g) WINE OR FERMENTED MALT BEVERAGES MADE AT SUPPLY STORES. The manufacture of wine or fermented malt beverages by any person at a business primarily engaged in selling supplies and equipment for use by homebrewers or home winemakers, and, notwithstanding §125.09 (1), the tasting at the business of wine or fermented malt beverages so manufactured, if the wine or fermented malt beverages are not sold or offered for sale. Wine or fermented malt beverages provided at a business for tasting under this subsection may only be provided by a person who holds an operator’s license issued under §125.17.
 
(3m) THE USE OF HOMEMADE WINE OR FERMENTED MALT BEVERAGES FOR COMPETITIONS OR EXHIBITIONS OR SIMILAR PURPOSES.
(a) The use of homemade wine or fermented malt beverages made in compliance with the limitations specified in sub. (3) (a) for purposes of exhibition, demonstration, judging, tasting, or sampling or as part of a contest or competition, if the exhibition, demonstration, judging, tasting, sampling, contest, or competition is held at a private residence or on a licensed premises. Homemade wine or fermented malt beverages used for purposes described in this paragraph, including the submission or consumption of such wine or fermented malt beverages, are not considered sold or offered for sale under sub. (3) (a) 2. and any prize awarded at a contest or competition or as a result of an exhibition, demonstration, judging, tasting, or sampling is not considered compensation under sub. (3) (a) 1., but no fee may be charged for consumption of the homemade wine or fermented malt beverages at the exhibition, demonstration, judging, tasting, sampling, contest, or competition.
(b) Notwithstanding §§125.14 (5), 125.315, 125.32 (6) (a), 125.34 (2) and (5), and 125.67, a person who is not a licensee under this chapter may at a private residence, and a person who is a licensee under this chapter may on the licensed premises, conduct, sponsor, or host a contest, competition, or other event for the exhibition, demonstration, judging, tasting, or sampling of homemade wine or fermented malt beverages made in compliance with the limitations specified in sub. (3) (a) if the person does not sell the wine or fermented malt beverages and, unless the person is the maker of the wine or fermented malt beverages, does not acquire any ownership interest in the wine or fermented malt beverages. No fee may be charged for consumption of homemade wine or fermented malt beverages at the contest, competition, or other event. If the contest, competition, or other event is held on licensed premises, the licensee may allow the homemade wine or fermented malt beverages to be stored on the premises if the homemade wine or fermented malt beverages are clearly identified and kept separate from any alcohol beverages owned by the licensee. If the contest, competition, or other event is held on licensed premises, the provisions of §§125.32 (7) and 125.68 (9) (e) do not apply with respect to the homemade wine or fermented malt beverages. If the contest, competition, or other event is held on licensed premises, the licensee shall comply with all provisions of this chapter and local ordinances that would apply if the fermented malt beverages or wine were not homemade, except those provisions made specifically inapplicable under this paragraph.
Wis. Stat. §125.10
(1) AUTHORIZATION. Any municipality may enact regulations incorporating any part of this chapter and may prescribe additional regulations for the sale of alcohol beverages, not in conflict with this chapter. The municipality may prescribe forfeitures or license suspension or revocation for violations of any such regulations. Regulations providing forfeitures or license suspension or revocation must be adopted by ordinance. Any municipality may, by ordinance, regulate contests, competitions, or other events for the exhibition, demonstration, judging, tasting, or sampling of homemade wine or fermented malt beverages.
Wyoming
Wyo. Stat. §12-8-102
(a) Any person who manufactures or rectifies any alcoholic beverage without holding a manufacturer's license or who possesses a still without holding a manufacturer's license is guilty of a misdemeanor punishable by a fine of not more than $1,000, imprisonment for not more than one year, or both. Any equipment possessed and used in an illegal manner shall be confiscated by the state and disposed of as directed by the court. Nothing in this subsection shall prohibit any person from manufacturing fermented or malt beverages in limited quantities for his sole personal consumption.


 
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