A Legal Question

[tatud4life]

I read the book From Vine to Wine and it stated that you can make 100 gallons per adult in the house. I know that is just from a book and the laws are different. I need to check my states requirements just so I don't do anything they wouldn't like.

 

[robie]

I read the book From Vine to Wine and it stated that you can make 100 gallons per adult in the house. I know that is just from a book and the laws are different. I need to check my states requirements just so I don't do anything they wouldn't like.

That's a very smart thing to do.

 

[tatud4life]

WOW Cindy!! I just learned something!!! I too thought it was a legitimate question, but it started to balloon into something more. I belong to TVOS and learned that Tennessee was actually going to be a huge grape and wine producer until prohibition started. Not until the last 50 years I believe has grape growing and wine making started to catch on again here. I do like discussions like this though. You can learn a lot from others and try to impart a little bit of your own knowledge to the world.

 

[tatud4life]

Tennessee state law states that "A private individual I the person's own home may manufacture and possess wine or beer in an amount not in excess of that amount annually permitted as of January 1, 1997, by federal statutes and regulations relative to household manufacture and consumption; provided that the wine or beer is for personal consumption by members and guests of the household. Such wine or beer may also be transported by the person, member, or guest without being in violation of this part; provided that the amount being transported at one (1) time shall not exceed five (5) gallons.

(b) It shall be inferred that transportation of more than five (5) gallons is for the purpose of resale or redistribution.

(c) For purposes of this section, "beer" means the undistilled and unfortified product, of any name or description, of the normal alcoholic fermentation of malt or other ingredients except grapes.

Other sites I read also state that the limit is 100 gallons of wine for a single adult home and 200 gallons for a 2 adult home.

 

[RCGoodin]

What's wrong with setting up a booth at the local Farmer's Market and having a sign that says: "I can't sell this wine because I don't have a license, however I can take donations of $15 per bottle."?

 

[saramc]

this is interesting
So, while you cannot sell your own finely crafted home-made wine you are permitted to take it off your premises to organized affairs, exhibitions or competitions, such as home winemaker’s contests, tastings or judgings. Remember that under no circumstances can your wine be sold or offered for sale at these or any other venue. Actually, taking your home fermented/brewed concoctions off-site legally will depend on what your state law has to say about it. Some states do not allow off-site amateur contests, tastings, judgings. Big to do in California not too long ago.

How much can I make legally?
To most accurately answer this question you should check local statutes as the amounts legal to make will vary. Most states allow federal law to dictate their own law. Other states amended the federal law but still permit between 100 and 200 gallons of wine at home. The overall amount is usually determined by the number of persons in the household who are of drinking age. Don't forget the federal law combines beer and wine in the limit/year...so you cannot make 200 gallons of wine and 200 gallons of beer if you have 2 "of age" within the household...but then again, check your state law because they can MINIMIZE the federal law.

Believe it or not but there are still some states that refuse to legalize home wine making. Alabama and Mississippi are the only remaining states where making your own wine and beer at home are still illegal as a hobby. Friend in AL told me it is now legal to make wine at home in AL. I know in May it passed the HOUSE level, but I cannot find any confirmation if it has hit SENATE yet.

 

[robie]

What's wrong with setting up a booth at the local Farmer's Market and having a sign that says: "I can't sell this wine because I don't have a license, however I can take donations of $15 per bottle."?

Would be illegal! Taking a donation, rather than a specific selling price, is something non-profit organizations do for making the "donation" tax deductible. But they don't do it with alcohol!

Really, questions like this should be asked of an attorney. No one on this forum, through this forum can truly and legally answer such a question, not even a member who is an attorney.

The moderators on this forum are not trying to be difficult, but in order to keep this forum legal and up-and-operating, it cannot become a venue for this sort of discussion.

Really folks, there are some out there who would love to put their proverbial thumb on our forum and squash it. Short of removing this thread, let's individually have such discussion offline with an attorney.

Let's leave it with this - short of a license and approval by all local, state and federal legal approval, we home wine makers cannot sell our wine.

Peace!!!

 

[tatud4life]

Understood! I would not want that to happen. I have talked to too many nice people that are willing to help with this hobby in anyway they can. I would hate to see anything bad happen to anyone here or to this site because of a discussion that I started. Robie, since I started this discussion, I have no problem with this thread being locked or removed. I am just speaking for myself of course, but I have grown to enjoy talking to you guys and would hate to see that stop over this. I now am clear on the laws in my state and the laws of the federal government. Thank you everyone that responded and thank you for helping me understand the law on making and the selling of alcoholic beverages!!!!!!

 

[cindy]

I sell eggs you wanna talk about chickens? I have a girl that lays tripple yolk eggs!
I can tell which girl lays them cause she's the one limping
check out this egg!!!!

 

[tatud4life]

Works for me Cindy!!! Those are some impressive eggs!!! What chicken did the black one come from? Which came first? The chicken or the egg?

 

[cindy]

youre a funny fellow!!! the black one is an avacado do you know the meaning of avacado?

 

[JohnT]

Oh,

To me it looked like an alligator egg!

 

[tatud4life]

Noun
A pear shaped tropical fruit with green or blackish skin and rich yellowish pulp enclosing a single large seed.

Adjective
Of the dull yellowish green of the meat of an avocado.

lmao!!!!

So which came first?

 

[cindy]

BOOOOOOONK! that explains the fruit but I was looking for the meaning of the word avacado.
The history of avocado takes us back to the Aztecs and their language, Nahuatl, which contained the word ahuacatl meaning both "fruit of the avocado tree" and "testicle." I figure he who is above made the chicken 1st and told it to lay eggs for us to enjoy in many different ways! the incredible edible EGG!

 

[tatud4life]

ROFLMAO!!!!! I didn't know that about avocado!!! That explains why it looks that way! And yes, I would He made the chicken first.

 

[cindy]

also avacado's hang together on the tree one is always hanging lower then the other at any given time
sound familiar?

 

[tatud4life]

also avacado's hang together on the tree one is always hanging lower then the other at any given time
sound familiar?

That is just too funny!!!!! And NO!!! That does not sound familiar!!! Is one bigger than the other?

 

[cindy]

That is just too funny!!!!! And NO!!! That does not sound familiar!!! Is one bigger than the other?

sure its familiar go look in the mirror "Is one bigger than the other?"
I don't know could be I suppose

 

[tatud4life]

sure its familiar go look in the mirror "Is one bigger than the other?"
I don't know could be I suppose

LMAO!!!

What kind of chickens do you have?

 

[cindy]

red sexlinks- are named Nuggets 1-6
silver lace wyandotte- Silvia
gold lace wyandotte- Goldie
easter egger-Ester
barred rock-Roxie
buff orpington-Buffy
copper marans-Sweet pea
and a silkie named Phyllis Diller
my copper Marans Roo's are called dogfood lol their in the freezer.....