Ricky Nickolson
2003-09-04 00:13:25 UTC
Well, I posted a week or so ago that I had emailed the state ABC officer to
get an official opinion of homebrewing here in Alabama. Here's the complete
saga, including the latest email from him today. I found it shocking. (my
emails are between the +++ signs, the replies are between the ***:
++++++++++++
Dear Sir:
Federal Laws and regulations explicitly provide for the "at home" production
of beer for personal and family consumption (
http://www.atf.treas.gov/alcohol/info/faq/beer.htm ) 27 CFR sections
25.205 -- 25.206 worded as follows:
Beer For Personal or Family Use
Sec. 25.205 Production.
(a) Any adult may produce beer, without payment of tax, for personal
or family use and not for sale. An adult is any individual who is 18
years of age or older. If the locality in which the household is located
requires a greater minimum age for the sale of beer to individuals, the
adult shall be that age before commencing the production of beer. This
exemption does not authorize the production of beer for use contrary to
State or local law.
(b) The production of beer per household, without payment of tax,
for personal or family use 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.
(c) Partnerships except as provided in Sec. 25.207, corporations or
associations may not produce beer, without payment of tax, for personal
or family use.
In searching the available online versions of current Alabama Laws and
regulations I cannot find where the personal manufacture of beer is either
permitted or prohibited. Can you please advise me of the appropriate
sections of Alabama Law concerning the "homebrewing" of beer?
Thank you,
Ricky
++++++++++++++++++++++++++++++++++++
Here's the first response that I got from him:
**********
I'm not at my desk, but I believe that if you check Title 28-4-20, you will
find what you are looking for. It may not be mentioned in the law itself,
but as I recall, there is a cite in the caselaw that mentions homebrew. In
Alabama, it is illegal to make whiskey or beer, but small quantities of wine
(up to 5 gallons) can be produced. There was an effort a few years ago to
change state law to conform with federal law, but it was not successful.
Let me know if you need any more info.
**********
+++++++++
Thank you for your reply! I found something in the code that I think
applies, it lists "malted beverages" along with the distilled liquors, so
I'm assuming that the malted beverages would be beer. Strange that I can
make 5 gallons of 15% alcohol wine, but cannot make 5 gallons of 4% alcohol
beer isn't it? heh heh.
Also, I read further in the code, in particular 28-4-50, where it states:
Manufacture, sale, possession, etc., of still, etc., for manufacture of
prohibited liquors or beverages.
It shall be unlawful for any person, firm or corporation in this state to
manufacture, sell, give away or have in possession any still, apparatus,
appliance or any device or substitute therefor to be used for the purpose of
manufacturing any prohibited liquors or beverages.
(Acts 1919, No. 737, p. 1086; Code 1923, §4656; Code 1940, T. 29, §131.)
I assume that this means that all homebrew supply stores in Alabama (and
there are tons) are in violation of this law since they are selling various
ingredients and apparatus that are used in the making of beer?
I know you probably can't or shouldn't answer this rhetorical question, but
is homebrewing of beer for personal consumption kind of like jaywalking,
where it's against the law, but no one usually gets a ticket or arrested for
it? I mean, the other day I found a local Ace hardware store that sold malt
syrup beer making kits and glass fermentation containers to ferment it in! I
had heard that it was illegal, but I really am shocked to learn that it
actually is.
+++++++++++++++++++++++++++++++++++++++++++++++++++++
Before he could reply, I had done some more digging and found some more
information. I researched the Alabama code he quoted 28-4-20 (
http://www.legislature.state.al.us/CodeofAlabama/1975/28-4-20.htm ) and
didn't really find anything that looked like it pertained to my originial
question, but I did find this
http://www.legislature.state.al.us/CodeofAlabama/1975/21502.htm that quite
obviously stated that all of the 28-4-* rules were for DRY COUNTIES and
municipalities...not wet ones! Well, not to be taken aback, I emailed him
again with some more questions:
++++++++++++++++++++++++++++++++++++++++++++++++++++++++
Hello again, sorry to keep bugging you, but I've been doing some more
digging. It appears to me that Title 28-4-xx is applicable to dry counties
and dry municipalities and not wet ones. The only thing that I found
contrary to this is that it refers to 28-3-18, explicitely forbidding the
production of distilled liquer and apparatus to distill it, but this title
section does not mention "malt beverages", only distilled liquers. Is this
correct? I realize that distillion of liquer is against federal and state
law, but there doesn't appear to be anything expressly forbidding producing
beer in wet counties/municipalities according to state law.
Thanks for your help.
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++
And then today, his final reply:
***************************************
In response to some of your questions and comments...first, I agree that it
IS strange that you can make wine but not beer; I also think it's
interesting that federal law allows for personal production of such large
quantities of beer and wine (where state law doesn't). Second, the stores
in Alabama that sell the homebrew kits are in violation of the law
(apparatus), but this is not a high priority for our division; we don't go
out and look for such items. However, if we get a compliant, or an agent
comes across a location that is selling such kits, we normally just ask that
they remove the item from their shelves, and not sell it. Third, your
question about Chapter 4 applying only to dry counties...an old court case
(Lovett v. State, 1943), says that "the sections of the prohibition law not
repealed by the ABC Act, and which have a field of operation in wet counties
consistent with the Act, are still effective." In talking with the ABC
Board's attorney, it seems that although there is not a specific law that
prohibits homebrew, there is no law that authorizes it, either. Hope this
answers your questions.
*******************************************
So, that's it in a nutshell. Big Brother is finally here. Now, it is not
nessary to have laws which prohibit certain actions, it is obviously
necessary to explicitly PERMIT actions of the citizens now. Well, at least
maybe that'll make the law books a lot smaller, as I'm sure there are more
prohibited actions than permitted ones, huh?
Thanks for reading my rant,
Ricky
---
Boll Weevil Brewery email is certified Virus Free. *burp*
Checked by AVG anti-virus system (http://www.grisoft.com).
Version: 6.0.515 / Virus Database: 313 - Release Date: 9/2/2003
get an official opinion of homebrewing here in Alabama. Here's the complete
saga, including the latest email from him today. I found it shocking. (my
emails are between the +++ signs, the replies are between the ***:
++++++++++++
Dear Sir:
Federal Laws and regulations explicitly provide for the "at home" production
of beer for personal and family consumption (
http://www.atf.treas.gov/alcohol/info/faq/beer.htm ) 27 CFR sections
25.205 -- 25.206 worded as follows:
Beer For Personal or Family Use
Sec. 25.205 Production.
(a) Any adult may produce beer, without payment of tax, for personal
or family use and not for sale. An adult is any individual who is 18
years of age or older. If the locality in which the household is located
requires a greater minimum age for the sale of beer to individuals, the
adult shall be that age before commencing the production of beer. This
exemption does not authorize the production of beer for use contrary to
State or local law.
(b) The production of beer per household, without payment of tax,
for personal or family use 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.
(c) Partnerships except as provided in Sec. 25.207, corporations or
associations may not produce beer, without payment of tax, for personal
or family use.
In searching the available online versions of current Alabama Laws and
regulations I cannot find where the personal manufacture of beer is either
permitted or prohibited. Can you please advise me of the appropriate
sections of Alabama Law concerning the "homebrewing" of beer?
Thank you,
Ricky
++++++++++++++++++++++++++++++++++++
Here's the first response that I got from him:
**********
I'm not at my desk, but I believe that if you check Title 28-4-20, you will
find what you are looking for. It may not be mentioned in the law itself,
but as I recall, there is a cite in the caselaw that mentions homebrew. In
Alabama, it is illegal to make whiskey or beer, but small quantities of wine
(up to 5 gallons) can be produced. There was an effort a few years ago to
change state law to conform with federal law, but it was not successful.
Let me know if you need any more info.
**********
+++++++++
Thank you for your reply! I found something in the code that I think
applies, it lists "malted beverages" along with the distilled liquors, so
I'm assuming that the malted beverages would be beer. Strange that I can
make 5 gallons of 15% alcohol wine, but cannot make 5 gallons of 4% alcohol
beer isn't it? heh heh.
Also, I read further in the code, in particular 28-4-50, where it states:
Manufacture, sale, possession, etc., of still, etc., for manufacture of
prohibited liquors or beverages.
It shall be unlawful for any person, firm or corporation in this state to
manufacture, sell, give away or have in possession any still, apparatus,
appliance or any device or substitute therefor to be used for the purpose of
manufacturing any prohibited liquors or beverages.
(Acts 1919, No. 737, p. 1086; Code 1923, §4656; Code 1940, T. 29, §131.)
I assume that this means that all homebrew supply stores in Alabama (and
there are tons) are in violation of this law since they are selling various
ingredients and apparatus that are used in the making of beer?
I know you probably can't or shouldn't answer this rhetorical question, but
is homebrewing of beer for personal consumption kind of like jaywalking,
where it's against the law, but no one usually gets a ticket or arrested for
it? I mean, the other day I found a local Ace hardware store that sold malt
syrup beer making kits and glass fermentation containers to ferment it in! I
had heard that it was illegal, but I really am shocked to learn that it
actually is.
+++++++++++++++++++++++++++++++++++++++++++++++++++++
Before he could reply, I had done some more digging and found some more
information. I researched the Alabama code he quoted 28-4-20 (
http://www.legislature.state.al.us/CodeofAlabama/1975/28-4-20.htm ) and
didn't really find anything that looked like it pertained to my originial
question, but I did find this
http://www.legislature.state.al.us/CodeofAlabama/1975/21502.htm that quite
obviously stated that all of the 28-4-* rules were for DRY COUNTIES and
municipalities...not wet ones! Well, not to be taken aback, I emailed him
again with some more questions:
++++++++++++++++++++++++++++++++++++++++++++++++++++++++
Hello again, sorry to keep bugging you, but I've been doing some more
digging. It appears to me that Title 28-4-xx is applicable to dry counties
and dry municipalities and not wet ones. The only thing that I found
contrary to this is that it refers to 28-3-18, explicitely forbidding the
production of distilled liquer and apparatus to distill it, but this title
section does not mention "malt beverages", only distilled liquers. Is this
correct? I realize that distillion of liquer is against federal and state
law, but there doesn't appear to be anything expressly forbidding producing
beer in wet counties/municipalities according to state law.
Thanks for your help.
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++
And then today, his final reply:
***************************************
In response to some of your questions and comments...first, I agree that it
IS strange that you can make wine but not beer; I also think it's
interesting that federal law allows for personal production of such large
quantities of beer and wine (where state law doesn't). Second, the stores
in Alabama that sell the homebrew kits are in violation of the law
(apparatus), but this is not a high priority for our division; we don't go
out and look for such items. However, if we get a compliant, or an agent
comes across a location that is selling such kits, we normally just ask that
they remove the item from their shelves, and not sell it. Third, your
question about Chapter 4 applying only to dry counties...an old court case
(Lovett v. State, 1943), says that "the sections of the prohibition law not
repealed by the ABC Act, and which have a field of operation in wet counties
consistent with the Act, are still effective." In talking with the ABC
Board's attorney, it seems that although there is not a specific law that
prohibits homebrew, there is no law that authorizes it, either. Hope this
answers your questions.
*******************************************
So, that's it in a nutshell. Big Brother is finally here. Now, it is not
nessary to have laws which prohibit certain actions, it is obviously
necessary to explicitly PERMIT actions of the citizens now. Well, at least
maybe that'll make the law books a lot smaller, as I'm sure there are more
prohibited actions than permitted ones, huh?
Thanks for reading my rant,
Ricky
---
Boll Weevil Brewery email is certified Virus Free. *burp*
Checked by AVG anti-virus system (http://www.grisoft.com).
Version: 6.0.515 / Virus Database: 313 - Release Date: 9/2/2003