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Old 08-13-2017, 06:42 AM   #31
Rocky
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Quote:
Originally Posted by Julie View Post
Sorry but State law cannot trump Federal Law. If there is a Federal Law all states must abide by that, they can create their own law where a lesser amount of alcohol can be produced but they cannot go over what Federal law states.
That is what I meant to impart, Julie, i.e. that even though the Feds say you can produce 200 gallons, the States may have a lower limit. If I recall correctly, Alabama had more restrictive laws on the production of wine. They may have changed that.
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Old 08-13-2017, 06:48 AM   #32
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Constitutional Studies 101 - States are permitted to pass more restrictive laws but they may not Undo or lessen a Federal Law. (Cannot unbind those restrictions)
I think this supports my contention. States can limit to less than 200 gallons but not set a higher amount.
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Old 08-13-2017, 01:44 PM   #33
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Every time I think about government regulation, it reminds me of the CS Lewis quote:

Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive. It would be better to live under robber barons than under omnipotent moral busybodies. The robber baron's cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end for they do so with the approval of their own conscience.
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Old Yesterday, 12:05 PM   #34
drainsurgeon
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So, based on Federal law, I could have 5,000 bottles of wine in my cellar, as long as I didn't make over 200 (1,000 bottles) gallons in one calendar year. Is that correct? No possession limit?

Man, I need to ramp up!

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Old Yesterday, 01:21 PM   #35
Scooter68
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But can you PROVE you didn't make them in one year.










That is except in Alabama. Don't let their revenuoors near your cellar.
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Old Yesterday, 04:34 PM   #36
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I imagine that a court would have to prove that you broke the law. You are - technically - not required to prove your innocence. You are presumed innocent. Isn't that what we still say? In other words there would have to be some basis for anyone to assume that you fermented more than 200 gallons in 12 months. For example, if you have two 500 gallon fermenters which are currently filled and are standing in your garage and the SG of the liquids in those conicals is currently at 1.025 and is falling... Good bad or indifferent, that would suggest a prima facie case against you. Of course if you could show that you and four of your buddies were making this batch...


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Old Yesterday, 08:11 PM   #37
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Quote:
Originally Posted by BernardSmith View Post
I imagine that a court would have to prove that you broke the law. You are - technically - not required to prove your innocence. You are presumed innocent. Isn't that what we still say? In other words there would have to be some basis for anyone to assume that you fermented more than 200 gallons in 12 months. For example, if you have two 500 gallon fermenters which are currently filled and are standing in your garage and the SG of the liquids in those conicals is currently at 1.025 and is falling... Good bad or indifferent, that would suggest a prima facie case against you. Of course if you could show that you and four of your buddies were making this batch...
Well now.... We all know that presumption of innocence only applies in some courts with some judges.....

(This being a wine making board - I won't bring up my traffic court experience with a judge. Even the officer was shaking his head over the judges comments. But I digress...)


Yeah, I think those 500 gallon fermenters better have a commercial license posted nearby. The bean counter gonna say "The limit is 200 gallons per household."

Gets to be real fun doesn't it.
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Old Yesterday, 08:34 PM   #38
dcbrown73
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Quote:
Originally Posted by Julie View Post
Federal law limits it to 100 gallons per person a year. If you have someone living with you then you can go 200 gallons a year but that would be the limit.
This can actually be state regulated. In Connecticut the value is 50 gallons per year an individual can produce, not 100 gallons. If you have a partner, you can produce 100 gallons.
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Old Today, 12:15 AM   #39
hounddawg
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AINT NOTHING BUT A THANG, I have mutable personalities that alone should allow me a couple thousand gallons, not to mention I try my best to consume all evidence .
after all I leant from you warped members.
Dawg
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