Summary Home Manufacture of Alcohol State Statutes

Ala. Code §28-4-3

Ala. Code §28-4B-1

(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.

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.

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.

Ark. Stat. Ann. §3-5-202

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

Ark. Stat. Ann. §3-5-205

(e) However, a grower of grapes and other fruits may manufacture and sell wine upon the premises of the grower in original packages of not less than one-fourth of a gallon (¼ gal.) from grapes and other fruits actually grown by the party so manufacturing wine upon his or her own premises, free from the license fees and taxes provided in this subchapter. A “grower” is defined to be one who actually grows and produces grapes and other fruits upon his or her own premises or upon the premises occupied by him or her as a tenant.

(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 (2) or more adults in the household; or (ii) 100 gallons if there is only one (1) adult in the household.

Ark. Stat. Ann. §3-5-207

Ark. Stat. Ann. §3-5-210

Cal. Business and Professions Code §23356.2

(a) No license or permit shall be required for the manufacture of beer or wine for personal or family use, and not for sale, by a person over 21 years of age. The aggregate amount of beer or wine with respect to any household shall not exceed (1) 100 gallons per calendar year if there is only one adult in the household or (2) 200 gallons per calendar year if there are two or more adults in the household.

(b) Beer or wine produced pursuant to this section may be removed from the premises where made only under any of the following circumstances: (1) For use, including in a bona fide competition or judging or a bona fide exhibition or tasting. (2) For personal or family use. (3) When donated to a nonprofit organization for use as provided in subdivision (c) or (d). (4) Beer or wine produced pursuant to this section may only be provided or served to the public pursuant to paragraphs (1) and (3) within a clearly identified area, that includes, but is not limited to, a physical barrier with a monitored point of entry. Beer or wine produced by a beer manufacturer or winegrower as defined in §§23012 and 23013, respectively, and licensed by the department, shall not be provided or served to the public within this area. (5)(A) Beer produced pursuant to this section may be removed from the premises where made in connection with a homebrewers club meeting or bona fide home brewed beer competition that is held on the premises of an authorized licensee. Homebrewers may exchange containers of home brewed beer during the club meeting or bona fide home brewed beer competition. Home brewed beer made by the club members may be consumed by club members while on the licensed premises during the club meeting or by competition organizers, competition judges, and competition stewards on licensed premises during a bona fide home brewed beer competition. Patrons of the authorized licensee that are not club members, competition organizers, competition judges, or competition stewards shall not consume any home brewed beer. (B) The authorized licensee shall designate, by signage or other item, which tables within the licensed premises shall be used by club members during the club meeting or bona fide home brewed beer competition. (C) For purposes of this paragraph, “authorized licensee” means a licensee that holds an on-sale beer license, an on-sale beer and wine license for a bona fide public eating place, an on-sale beer and wine for public premises license, an on-sale general license for a bona fide eating place, a club license, a veterans' club license, an on-sale general brew pub license, an on-sale general license for public premises, a beer manufacturer's license, or a small beer manufacturer's license.

(c)(1) Beer or wine produced pursuant to this section may be donated to a nonprofit organization for sale at fundraising events conducted solely by and for the benefit of the nonprofit organization. Beer and wine donated pursuant to this subdivision may be sold by the nonprofit organization only for consumption on the premises of the fundraising event, under a license issued by the department to the nonprofit organization pursuant to this division. (2) Beer or wine donated and sold pursuant to this subdivision shall bear a label identifying its producer and stating that the beer or wine is homemade and not available for sale or for consumption off the licensed premises. The beer or wine is not required to comply with other labeling requirements under this division. However, nothing in this paragraph authorizes the use of any false or misleading information on a beer or wine label. (3) A nonprofit organization established for the purpose of promoting home production of beer or wine, or whose membership is composed primarily of home brewers or home winemakers, shall not be eligible to sell beer pursuant to this subdivision.

(d) A nonprofit organization established for the purpose of promoting home production of beer shall be eligible to serve beer at a fundraising event conducted solely for the benefit of the nonprofit organization pursuant to this subdivision, subject to the following conditions: (1) The beer that is served is donated by home brewers. (2) The nonprofit organization shall be issued no more than two permits per calendar year for the serving of beer pursuant to this subdivision. (3) The nonprofit organization shall display a printed notice at the event that states that home brewed beer is not a regulated product subject to health and safety standards. (4) The event shall have an educational component that includes instruction on the subject of beer, including, but not limited to, the history, nature, values, and characteristics of beer, the use of beer lists, and the methods of presenting and serving beer. (5) Only bona fide members of the nonprofit organization may attend the event. (6) The nonprofit organization shall not solicit or sign up individuals to be members of the nonprofit organization on the day of the event at the event premises. (7) The nonprofit organization shall provide the department with the number of members that have registered for the event and the estimated number that will be in attendance, 48 hours before the event. This paragraph shall apply only if more than 50 members are expected to be in attendance at the event.

(e) Except as provided in subdivision (c), this section does not authorize the sale or offering for sale by any person of any beer or wine produced pursuant to this section.

Colo. Rev. Stat. §44-3-106

(2)(a) Notwithstanding any provision of this article 3 or article 4 of this title 44 to the contrary, when permitted by federal law and rules and regulations promulgated pursuant thereto, an adult may produce, for personal use and not for sale, an amount of fermented malt beverage or malt or vinous liquor equal to the amount that is exempt from the federal excise tax on the alcohol beverage when produced by an adult for personal 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 3, and the producer shall not be required to obtain any license provided by this article 3 or article 4 of this title 44.

Conn. Gen. Stat. §30-62b

Conn. Gen. Stat. §30-77

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.C. Code Ann. §25-906

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.

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 subsections (d) and (e) of this Code section, malt beverages produced in compliance with this Code section may only be consumed at the residence where produced. Such malt beverages may only be consumed 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) 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 to a location not licensed under this title and for which a permit has not been issued pursuant to subsection (e) of this Code section; provided that not more than 128 ounces of such malt beverages produced in the same residence shall be transported at one time; and provided, further, that such malt beverages shall be securely sealed in one or more containers and clearly labeled with the following information: (1) The name of the producer; and (2) The address of the residence at which it was produced. 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.

(e)(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. Any governing authority desiring to allow home-brew special events to be held within its jurisdiction shall provide by resolution or ordinance for the issuance of home-brew special event permits and shall specify the events that shall qualify as home-brew special events. A home-brew special event permit shall cost $50.00 and shall be valid for not more than six events per calendar year. (2) Home-brew special events shall not be held at any location licensed under this title. (3) 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.

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.

Hawaii Rev. Stat. §281-3

Idaho Code §23-501

Ill. Rev. Stat. cho. 235, §5/1-3.39

Ill. Rev. Stat. ch. 235, §5/2-1

Ill. Rev. Stat. ch. 235, §5/6-36

(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 are 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, class 1 brewer, class 2 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 are 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, or 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 and 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.

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.

Iowa Code §123.144

Iowa Code §123.171

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, and amendments thereto, 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;

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 homebrew 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 where no general admission or other type of fee or charge is assessed in connection with the homebrew permit and in accordance with all of the following criteria: (i) Homebrew shall not be sold or offered for sale and the person who makes the homebrew or any association of persons who make the homebrew shall not receive any compensation or any other thing of value, whether directly or indirectly, other than trophies, plaques, certificates, ribbons, medals, or similar awards of nominal value, from any club meetings, organized affairs, exhibitions, competitions or other events where the homebrew is sampled in accordance with the sampling provisions promulgated under the authority of R.S. 26:75(C) and 275(B). (ii) Homebrew shall be served only to those individuals attending the homebrew 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 homebrew event. (iv) The retail dealer shall not be required to obtain a special events permit from the Louisiana Department of Health 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 homebrew event.

Md. Alcoholic Beverages Code §1-101

Md. Alcoholic Beverages Code §2-107

Md. Alcoholic Beverages Code §2-138

(a) Established. -- There is a family beer and wine facility permit.

(b) Scope of authorization. -- (1) The permit authorizes the holder to establish a facility to produce family beer or wine by a consumer who: (i) is of legal drinking age; but (ii) does not have a license. (2) The permit authorizes the holder to provide equipment, raw materials, and instructions to a consumer. (3) Except as provided in paragraph (4) of this subsection, the permit holder may not engage in the production or manufacture of beer or wine. (4) A permit authorizes the holder to engage in the production or manufacture of beer or wine for: (i) testing equipment or recipes; and (ii) sampling, provided that: 1. each patron has no more than five samples; 2. each sample does not exceed 2 ounces; and 3. each sample is consumed on the premises by an individual who has a nonrefundable contract to brew or ferment at the facility.

(c)  Removal and use of beer and wine produced at facility. -- Family beer and wine produced at a family beer and wine facility: (1) shall be removed from the premises by the consumer; and (2) may be used only for home consumption and the personal use of the consumer.

(d)  Limitation on production. -- The comptroller may restrict the permit holder to the production of family-produced beer or family-produced wine.

(e)  Fee. -- The permit fee is $400.

Md. Alcoholic Beverages Code §2-139

(a) Established. -- There is a national beer, wine, and liquor exhibition permit.

(b) Authorized holder. -- The comptroller may issue the permit to a bona fide alcohol trade association.

(c) Scope of authorization. -- (1) The permit authorizes the holder to conduct an alcohol exhibition and competition at which the permit holder may exhibit, judge, and taste beer, wine, and liquor acquired in accordance with this section at the place designated in the permit application. (2) The permit authorizes the holder to receive for use, exhibition, and tastings at an exhibition: (i) tax-free family produced beer and wine; (ii) tax-paid commercially produced beer, wine, and liquor from licensed nonresident dealers or manufacturers through holders of wholesaler's licenses; and (iii) commercially produced beer, wine, and liquor from manufacturers or suppliers licensed by another state and subject to the tax imposed under §5-102 of the Tax - General Article. (3) The permit holder may not sell beer, wine, and liquor at the exhibition and competition. (4) Notwithstanding §6-319 of this article, the permit holder may allow a person to possess and consume beer, wine, and liquor on the premises governed by the permit as provided in this section.

(d) Duration of exhibition. -- An exhibition may not last more than five days.

(e) Premises for exhibition. -- The permit may be granted for: (1) an unlicensed premises; or (2) a licensed premises.

(f) Judges and participants. -- Persons authorized to judge or participate at an alcohol exhibition include a: (1) manufacturer; (2) nonresident dealer; (3) supplier; (4) wholesaler; and (5) representative of any of the persons listed in items (1) through (4) of this subsection.

(g) Nonresident dealer's permit not required. -- A supplier licensed by another state is not required to have a nonresident dealer's permit to ship beer, wine, and liquor to the permit holder.

(h) Report and payment of taxes required. -- (1) Within 30 days after the exhibition ends, the permit holder shall: (i) file a report, on the forms that the comptroller provides, of the number of gallons of commercially produced beer, wine, and liquor that the permit holder received from suppliers that are not licensed; and (ii) pay the tax required under §5-102 of the Tax - General Article. (2) The comptroller may require the permit holder to prepay an amount sufficient to cover the anticipated tax rather than post a bond.

Md. Tax-General Code Ann. §5-104

(a) In general. --

(1) The alcoholic beverage tax does not apply to an alcoholic beverage that is:

Mass. Gen. Laws Ann. ch. 138, §3

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.

Mich. Comp. Laws §436.2027

(3) This section does not prohibit any of the following:

Minn. Stat. §297G.07

Subdivision 1. Exemptions. The following are not subject to the excise tax:

Minn. Stat. §340A.101

Minn. Stat. §304A.301

Subd. 11. Unlicensed manufacture. (a) Nothing in this chapter requires a license for the natural fermentation of fruit juices or brewing of beer in the home for family use.

(b) Naturally fermented fruit juices or beer made under this subdivision may be removed from the premises where made for use at organized affairs, exhibitions, or competitions, including, but not limited to, homemaker's contests, tastings, or judging.

(c) For purposes of this subdivision, “tastings” means an event where the general public may sample unlicensed naturally fermented fruit juices or beer.

(d) Beverages produced pursuant to this subdivision may be sampled or used in tastings provided that the beverage is made and transported in containers and equipment that shall not allow the migration of toxic substances.

(e) Public notice meeting the requirements of this paragraph must be given in writing or signage at any tasting. The notice shall include disclosure that the unlicensed naturally fermented fruit juices or beer being offered is homemade and not subject to state inspection, and may be consumed by persons over the age of 21 at their own risk. The notice must include the name and address of the person who processed and bottled the beverage.

Minn. Stat. §340A.33

Minn. Stat. §340A.34

Miss. Code Ann. §67-3-11

(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.

Miss. Code Ann. §97-31-21

Mo. Rev. Stat. §311.055

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 shall not be sold or 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 events, 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.

Mont. Code Ann. §16-3-201

Neb. Rev. Stat. §53-168.06

Nev. Rev. Stat. §369.345

1. No excise tax may be imposed upon wine produced on the premises of an instructional wine-making facility if the wine is used, consumed or disposed of on the premises of the facility or distributed to persons for household or personal use in the manner authorized by NRS 597.245.

Nev. Rev. Stat. §369.490

2. Except as otherwise provided in subsection 3, the provisions of this chapter do not apply to a person:

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.

2. A person who is licensed to operate an instructional wine-making facility may: (a) Engage in the process of wine making on the premises of the facility; (b) Charge a fee to other persons of legal age for the purpose of providing those persons with instruction and the opportunity to participate directly in the process of wine making on the premises of the facility; and (c) Serve wine produced on the premises of the facility by the glass for consumption on the premises of the facility.

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.

4. Except as otherwise permitted by this section, if a person knows or reasonably should know that wine was produced on the premises of an instructional wine-making facility, the person shall not: (a) Directly or indirectly or through any other person, sell, offer to sell or solicit the purchase or sale of such wine at wholesale or retail; or (b) Use such wine for any purpose other than for the person's own household or personal use.

5. A person who violates any provision of this section is guilty of a misdemeanor.

N.H. Rev. Stat. Ann. §175:5-b

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 two 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.

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.

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.

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:

N.Y. Alcoholic Beverage Control Law §3

14-a. “Custom beermakers' center” means a facility that provides one or more individuals with rental space, the use of equipment and storage facilities, and/or beer making supplies to manufacture beer for personal household use and not for resale in accordance with state and federal laws, rules, and regulations.

14-b. “Custom cidermakers' center” means a facility that provides one or more individuals with rental space, the use of equipment and storage facilities, and/or fruit to manufacture cider for personal household use and not for resale in accordance with state and federal laws, rules and regulations.

N.Y. Alcoholic Beverage Control Law §52

1 Any person may apply to the authority on or before Dec. 31, 2019 for a custom beermakers' center license as provided for in this section to operate a custom beermakers' center facility and provide individuals with rental space, the use of equipment and storage facilities, and/or beer making supplies for the production of beer by such individuals for personal household use and not for resale in accordance with state and federal laws, rules, and regulations authorizing such production. Such application shall be in writing and verified and shall contain such information as the authority shall require, provided, however, the holder of a license under this section may renew such license on or after Dec. 31, 2019. Such application shall be accompanied by a check or draft for the amount required by this article for such license. If the authority grants the application, it shall issue a license in such form as shall be determined by its rules. Such license shall contain a description of the licensed premises and in form and in substance shall be a license to the person therein specifically designated to operate such center to manufacture beer for personal household use in the premises therein specifically licensed.

2. For the purposes of this section, “beer making supplies” shall mean hops, grains, malted grains, wort, sugars, yeasts, water, fruits, fruit juices, and other agricultural products including, but not limited to, honey and flowers, that are grown or produced in the state of New York, in quantity amounts as determined by the authority and shall be governed by paragraph (b) of subdivision 11 of §51-a of this article.

3. A custom beermakers' center license shall authorize the holder thereof to operate a facility for individuals to rent space, equipment, and storage facilities and, if necessary, to purchase beer making supplies to manufacture beer for personal household use provided that the manufacture and production of beer for personal household consumption and use is done in accordance with state and federal laws and regulations. Such a license shall also authorize the licensee, provided such activities are permitted by the federal Alcohol and Tobacco Tax and Trade Bureau for the manufacture of tax exempt beer for personal household use, to: (a) conduct training classes on how to manufacture beer; and (b) conduct beer tastings for those individuals taking such classes and/or using such facility for brewing purposes at the licensed facility provided that the tastings shall be subject to the following limitations: (i) tastings shall be conducted by the licensee or by an official agent of the licensee. Such licensee or agent shall be physically present at all times during the conduct of the tastings; and (ii) any liability stemming from a right of action resulting from a tasting of beer as authorized herein and in accordance with the provisions of §§11-100 and 11-101 of the general obligations law, shall accrue to the custom beermakers' center.

4. The custom beermakers' center licensee shall be subject to the supervision of the authority to ensure that the licensee and the individuals utilizing such center are in compliance with the provisions of this chapter, state laws, rules, and regulations, and the laws, rules, and regulations of the federal Alcohol and Tobacco Tax and Trade Bureau.

5. The licensee or an official agent of the licensee shall be physically present at all times during the facility's hours of operations.

6. The annual aggregate production of beer at any such center for all individuals making beer at such premises, pursuant to a custom beermakers' center license, shall not exceed the production limits set by the authority that are commensurate with a non-commercial production facility. Provided that such aggregate production limit shall not be offset by beer produced at such facility under a brewer's license or farm brewery license.

7. Notwithstanding any other provision of this chapter, the authority may issue a custom beermakers' center license to the holder of a farm brewery or brewery license for use at such licensee's existing licensed premises.

8. The authority is hereby authorized to promulgate rules and regulations to effectuate the purposes of this section.

N.Y. Alcoholic Beverage Control Law §58-d

1. Any person may apply to the authority on or before Dec. 31, 2019 for a custom cidermakers' center license as provided for in this section to operate a custom cidermakers' center facility and provide individuals with rental space, the use of equipment and storage facilities, and/or fruit for the production of cider by such individuals for personal household use and not for resale in accordance with state and federal laws, rules, and regulations authorizing such production. Such application shall be in writing and verified and shall contain such information as the authority shall require, provided, however, the holder of such a license under this section may renew such license on or after Dec. 31, 2019. Such application shall be accompanied by a check or draft for the amount required by this article for such license. If the authority grants the application, it shall issue a license in such form as shall be determined by its rules. Such license shall contain a description of the licensed premises and in form and in substance shall be a license to the person therein specifically designated to operate such center to manufacture cider for personal household use in the premises therein specifically licensed.

2. For the purposes of this section, “fruit” shall mean fresh, whole apples or other pome fruits that are grown or produced in the state of New York.

3. A custom cidermakers' center license shall authorize the holder thereof to operate a facility for individuals to rent space, equipment, and storage facilities and, if necessary, to purchase fruit to manufacture cider for personal household use provided that the manufacture and production of cider for personal household consumption and use is done in accordance with state and federal laws and regulations. Such a license shall also authorize the licensee, provided such activities are permitted by the federal Alcohol and Tobacco Tax and Trade Bureau for the manufacture of tax exempt cider for personal household use, to: (a) conduct training classes on how to manufacture cider; and (b) conduct cider tastings for those individuals taking such classes and/or using such facility for the production of cider at the licensed facility provided that the tastings shall be subject to the following limitations: (i) tastings shall be conducted by the licensee or by an official agent of the licensee. Such licensee or agent shall be physically present at all times during the conduct of the tastings; and (ii) any liability stemming from a right of action resulting from a tasting of cider as authorized herein and in accordance with the provisions of §§11-100 and 11-101 of the general obligations law, shall accrue to such center.

4. The custom cidermakers' center licensee shall be subject to the supervision of the authority to ensure that the licensee and the individuals utilizing such center are in compliance with the provisions of this chapter, state laws, rules, and regulations, and the laws, rules, and regulations of the federal Alcohol and Tobacco Tax and Trade Bureau.

5. The licensee or an official agent of the licensee shall be physically present at all times during the facility's hours of operations.

6. The annual aggregate production of cider at any such center for all individuals making cider at such premises, pursuant to a custom cidermakers' center license, shall not exceed the production limits set forth by the authority that are commensurate with a non-commercial production facility. Provided that such aggregate production limit shall not be offset by cider produced at such facility under a cidery license or farm cidery license.

7. Notwithstanding any other provision of this chapter, the authority may issue a custom cidermakers' center license to the holder of a farm cidery or cidery license or farm winery or winery license for use at such licensee's existing licensed premises.

8. The authority is hereby authorized to promulgate rules and regulations to effectuate the purposes of this section.

9. The licensee must maintain a record of the name, address, and contact information of the individuals that have used such facility and the annual amount of cider produced by each individual at the facility pursuant to the rules of the authority.

N.Y. Alcoholic Beverage Control Law §77

1. Any person may apply to the authority on or before Dec. 31, 2019 for a custom winemakers' center license as provided for in this section to operate a custom winemakers' center  facility and provide individuals with rental space, the use of equipment and storage facilities, and/or fruit for the production of wine by such individuals for  personal household use and not for resale in accordance with state and federal laws, rules, and regulations authorizing such production. Such application shall be in writing and verified and shall contain such information as the authority shall require, provided, however, the holder of such license under this section may renew such license on or after Dec. 31, 2019. Such application shall be accompanied by a check or draft for the amount required by this article for such license. If the authority grants the application, it shall issue a license in such form as shall be determined by its rules. Such license shall contain a description of the licensed premises and in form and in substance shall be a license to the person therein specifically designated to operate such center to manufacture wine for personal household use in the premises therein specifically licensed.

2. For the purposes of this section, "fruit" shall mean grapes, other fruits, fruit juices, and other agricultural products including, but not limited to, honey and flowers, that are grown or produced in the state of New York.

3. A custom winemakers' center license shall authorize the holder thereof to operate a facility for individuals to rent space, equipment, and storage facilities and, if necessary, to purchase fruit to manufacture wine for personal household use provided that the manufacture and production of wine for personal household consumption and use is done in accordance with state and federal laws and regulations. Such a license shall also authorize the licensee, provided such activities are permitted by the federal Alcohol and Tobacco Tax and Trade Bureau for the manufacture of tax exempt wine for personal household use, to: (a) conduct training classes on how to manufacture wine; and (b) conduct wine tastings for those individuals taking such classes and/or using such facilities for the production of wine at the licensed facility provided that the tastings shall be subject to the following limitations: (i) tastings shall be conducted by the licensee or by an official agent of the licensee. Such licensee or agent shall be physically present at all times during the conduct of the tastings; and (ii) any liability stemming from a right of action resulting from a tasting of wine as authorized herein and in accordance with the provisions of §§11-100 and 11-101 of the general obligations law, shall accrue to such center.

4. The custom winemakers' center licensee shall be subject to the supervision of the authority to ensure that the licensee and the individuals utilizing such center are in compliance with the provisions of this chapter, state laws, rules, and regulations, and the laws, rules, and regulations of the federal Alcohol and Tobacco Tax and Trade Bureau.

5. The licensee or an official agent of the licensee shall be physically present at all times during the facility's hours of operations.

6. The annual aggregate production of wine at any such center for all individuals making wine at such premises, pursuant to a custom winemakers' center license, shall not exceed the production limits set forth by the authority that are commensurate with a non-commercial production facility. Provided that such aggregate production limit shall not be offset by wine produced at such facility under a winery's license or farm winery license.

7. Notwithstanding any other provision of this chapter, the authority may issue a custom winemakers' center license to the holder of a farm winery or winery license for use at such licensee's existing licensed premises.

8. The authority is hereby authorized to promulgate rules and regulations to effectuate the purposes of this section.

N.C. Gen. Stat. §18B-306

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

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

(c) Kits.--Wine kits and malt beverage kits may be sold in this state.

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 6 percent alcohol by volume.

N.D. Cent. Code §5-01-04

Okla. Stat. tit. 37A, §2-140

Okla. Stat. tit. 37A, §3-101

Okla. Stat. tit. 37A, §5-103

A. The excise tax levied by §104 of this act shall not apply to:

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. (vii) The receipt of donated homemade beers, wines or fermented fruit juices by a nonprofit or charitable organization registered in this state for sale at an auction under ORS 471.162 (6), or the proceeds received by the organization from selling those donated homemade beers, wines or fermented fruit juices at an auction under ORS 471.162 (6). (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.

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.

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.

Pa. Stat. tit. 47, §4-492

R.I. Gen. Laws §3-1-3

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.

(b) The director of the department of business regulation, the director of the department of health, and the director of the department of environmental management may promulgate rules and regulations, not inconsistent with the purpose of this section, if in the interest of health and safety they are deemed necessary. The director of the department of business regulation shall limit to seven the maximum number of operating facilities issued licenses by the department pursuant to this section.

(c) Any operating facility issued a license pursuant to this section and any individuals using the premises are subject to federal regulations including, but not limited to, 27 CFR 24.75 and 27 CFR 25.205-25.206.

(d) Any facility issued a license pursuant to this section shall, in addition to any federal regulations, comply with the following conditions: (1) The proprietor of the facility must provide a written notice to the director of the department of business regulation before beginning business. The notice must contain the name and address of the brew on premises facility and the hours when it is open for business. The maximum hours of operation shall be Monday through Saturday, 8:00 a.m. through 11:00 p.m. and Sunday 12:00 noon through 6:00 p.m., provided, however, bottled beer shall not be removed from the facility on Sundays, and except on Christmas, New Year's, and Thanksgiving when the facility shall not be open. The notice must be updated in the event of any change in name, address or hours of operation; (2) The proprietor of the brew on premises facility must keep records relating to all individuals using the facility. Information in these records must include the name, address, age, number of adults residing in the individual's household, and the quantity of beer produced by each individual during a calendar year. These records may consist of commercial records or invoices, and must be available for inspection by any authorized investigator of this department during the business hours of the facility; (3) The brew on premises facility shall not provide physical assistance to, or on behalf of, customers in the production or bottling of beer, but may provide advice. (i) The following activities are examples of providing physical assistance in the production of beer: (A) Filling of vessels with brewing ingredients; (B) Mixing of ingredients; (C) Movement of beer from one vessel or container to another container; and (D) Filtering and bottling of the final product; (ii) The following activities do not constitute providing physical assistance in the production of beer: (A) Cleaning, maintenance, and repair of brewing and bottling equipment; (B) Maintenance of climate and temperature control; (C) Disposal of spent grains and wastes; (D) Quality control (including laboratory examination) of beer; and (E) Preheating of vessels; (4)(i) 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; (iii) Partnerships, corporations, or associations may not use the brew on premises facility and may not produce beer for personal or family use; and (iv) Transportation of brewed beer shall be at the time of bottling. The brew on premises facility shall not allow more than 20 cases (24 12-ounce bottles) to remain on the premises at any given time.

S.C. Code Ann. §61-6-20

As used in the ABC Act, unless the context clearly requires otherwise:

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.

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 Jan. 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, except as provided in §57-5-111.

(b) It shall be inferred that transportation of more than five gallons is for the purpose of resale or redistribution.

Tenn. Code Ann. §57-3-207

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.

(b)(1) Except for wine produced in the process of testing equipment or recipes, and producing samples to be distributed pursuant to subdivision (b)(2), a license holder shall not personally manufacture wine that is not intended for the personal use of the license holder on the premises of the winemaking on premises facility. Nothing in this subdivision (b)(1) shall be construed to prohibit a license holder from assisting the license holder's customers who are engaged in the manufacture of wine on the premises of the facility. (2) A winemaking on premises facility licensed under this section may serve wine that is produced on the premises of the facility without charge as complimentary samples for tasting at the facility. Samples may be consumed at the premises only by a person who has a nonrefundable contract to manufacture 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 or license holder who manufactured the wine and may only be used for home consumption and the personal use of the customer or license holder.

(c) Each applicant for a winemaking on premises facility license issued pursuant to this section shall pay to the commission a one-time, nonrefundable fee in an amount to be determined by the commission when the application is submitted for review. The license shall not be issued until a license fee in an amount to be determined by the commission is paid to the commission by the winemaking on premises facility, but issuance of the license is exempt from the requirements of §57-3-106. The commission shall deposit collections with the state treasurer to be earmarked for and allocated to the commission for the purpose of the administration and enforcement of the duties, powers and functions of the commission.

(d) A winemaking on premises facility licensed under this section located in this state is authorized to sell the following items on the facility premises: (1) Juices or concentrates derived from juices, or any agricultural products; (2) Items used in home winemaking; and (3) Other gift, tourism, or wine-related items as defined by regulations duly promulgated by the commission.

(e) Any wine transported from a winemaking on premises facility pursuant to this section must be accompanied by a bill of lading or other memorandum of shipment signed by the license holder for the facility where the wine was manufactured sufficiently identifying the nature, quantity, manufacturer, date and place of manufacture of the wine. Any person transporting such wine in excess of five gallons shall have with the shipment a receipt or other documentation demonstrating that the wine was manufactured by the individual who is transporting the wine at a winemaking on premises facility as licensed in this section.

(f) Any licensee or other person who sells, furnishes, disposes of, gives or causes to be sold, furnished, disposed of or given, any wine in this state or for transport into this state, to any person under the age of majority as established by §57-4-203(b), commits a Class A misdemeanor.

(g) The commission is empowered and authorized to promulgate such rules and regulations as may be necessary to carry out the duties of the commission as provided in this section, including, but not limited to, procedures governing the production and transportation of wine.

(h) It is the duty of the commissioner of agriculture to establish reasonable procedures requiring proper sanitary conditions about the winemaking on premises facility and to certify that these conditions have been met before the commission issues any license. The commissioner shall establish reasonable procedures requiring the process of manufacturing wine in a winemaking on premises facility to be carried on under proper sanitary conditions and in a sanitary manner; and for any failure to comply with the procedures, the commissioner shall notify the commission, which is authorized to revoke or suspend the license of any winemaking on premises facility.

Tenn. Code Ann. §57-5-111

(a) For purposes of this section: (1) “Beer” has the same meaning as the term is defined in §57-5-101(b); and (2) “Homemade,” with respect to the making of beer, means beer made by a person's own efforts and not for a commercial purpose, but does not require that the beer be made in the person's home.

(b)(1) No license or permit shall be required under this title for the making of homemade beer, and the possession, transportation, or storage of homemade beer, by any person if all of the following apply: (A) The person who makes the beer receives no compensation; (B) The beer is not sold or offered for sale; and (C) The total quantity of beer 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. (2) A person who makes, possesses, transports, or stores beer in compliance with the limitations specified in subdivision (b)(1) is not a manufacturer of beer for purposes of this chapter. (3) Any homemade beer in compliance with subdivision (b)(1) that is being transported shall be clearly identified as homemade beer. (4) Homemade beer made in compliance with the limitations in subdivision (b)(1) may be consumed by the person who made it and the person's family, neighbors, and friends at any private residence or other private location where the possession and consumption of beer is permissible under this chapter, local ordinances, or other applicable law. This subdivision (b)(4) does not apply to licensed premises under this chapter.

(c) The use of homemade beer made in compliance with the limitations specified in subdivision (b)(1) is allowed 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 beer used for purposes described in this subsection (c), including the submission or consumption of such beer, shall not be considered sold or offered for sale, and any prize awarded at a contest or competition or as a result of an exhibition, demonstration, judging, tasting, or sampling shall not be considered compensation. No fee may be charged for consumption of the homemade beer at the exhibition, demonstration, judging, tasting, sampling, contest, or competition; provided, however, an entrance fee may be charged to persons attending an exhibition, contest, or competition.

(d)(1) Notwithstanding any law to the contrary, a person who is not a permit holder under this chapter may, at a private residence, and a person who is a permit holder under this chapter may, on the permitted premises, conduct, sponsor, or host a contest, competition, or other event for the exhibition, demonstration, judging, tasting, or sampling of homemade beer made in compliance with the limitations specified in subdivision (b)(1) if the person does not sell the beer and, unless the person is the maker of the beer, does not acquire any ownership interest in the beer. (2) No fee may be charged for consumption of homemade beer at the contest, competition, or other event; provided, however, an entrance fee may be charged to persons attending a contest, competition, or other event. (3) If the contest, competition, or other event is held on a permitted premises, the permit holder may allow the homemade beer to be stored on the premises if the homemade beer is clearly identified and kept separate from any alcoholic beverages or beer owned by the permit holder. Any homemade beer stored on the premises shall be removed within 24 hours after the contest, competition, or other event has ended.

(e) Any city or county may regulate contests, competitions, or other events for the exhibition, demonstration, judging, tasting, or sampling of homemade beer as described in subsection (d), including requiring a permit for the contests, competitions, or other events.

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.

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.

Vt. Stat. Ann. tit. 7, §2

Vt. Stat. Ann. tit. 7, §65

(a) An individual 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 individual 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 Division not 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 Division. (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) Deleted. (7) Deleted.

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.

Wash. Rev. Code §66.12.010

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 20 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.

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 §1 of this article;

Wis. Stat. §125.02

Except as otherwise provided, in this chapter:

Wis. Stat. §125.06

No license or permit is required under this chapter for:

(3) The making 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.

Wis. Stat. §125.10

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 apply to the manufacture of homemade beer, mead, wine and fermented fruit juice if the total of beer, mead, wine and fermented fruit juice produced during a calendar year does not exceed: (i) 100 gallons in a household having one person who is 21 years of age or older; or (ii) 200 gallons in a household having two or more persons who are 21 years of age or older.

Wyo. Stat. §12-10-102

(a) In addition to any other privilege granted to a licensee under this title, a licensee may conduct an organized judging, tasting, exhibition, contest or competition of homemade beers, meads, wines or fermented fruit juices, or related events, at the premises or location where the licensee may legally serve alcoholic beverages. Nothing in this subsection shall be deemed to authorize any homemade beer, mead, wine or fermented fruit juice to be packaged or otherwise provided for consumption outside of the premises where the judging, tasting, exhibition, contest, competition or related event is occurring. The local licensing authority may restrict the portion of the premises that may be used for the judging, tasting, exhibition, contest, competition or related event. Homemade beers, meads, wines or fermented fruit juices provided at an event under this subsection shall not be provided for financial consideration.

(b) A licensee shall not acquire any ownership interest in homemade beers, meads, wines or fermented fruit juices stored for any period to be provided at an event under this section. The homemade beers, meads, wines and fermented fruit juices stored for the event shall be clearly identified and shall be kept separate from the alcoholic and malt beverage stock of the licensee. Nothing in this subsection shall prohibit a licensee from using homemade beers, meads, wines and fermented juices in conducting an organized event under subsection (a) of this section.