Enforcement of 200 gallon rule?

[calvin]

Not that I ever plan on making more than 200 gallons of wine per year. But I was killing some time and searched the web for a while, looking for a story about anyone being prosecuted or arrested for breaking the 100/200 gallon rule. I found nothing. Just stories about illegal stills and moonshine.

Has anyone on this site heard of such a case? I'd be interested to hear the facts about it

Again I have no intentions of breaking the rule. I already have more wine than I know what to do with. Just curios

 

[richmke]

It seems like one of those numbers that is absurdly high for an individual, and not economical for a business.

Hence, if they ever find an unlicensed business, it is an easy conviction. Find 4 barrels of wine (55 gallons each), and the guy is toast.

 

[shoebiedoo]

I only make around 180 gallons per year so I couldn't tell you

 

[Runningwolf]

It seems like one of those numbers that is absurdly high for an individual, and not economical for a business.

Hence, if they ever find an unlicensed business, it is an easy conviction. Find 4 barrels of wine (55 gallons each), and the guy is toast.

Why would this guy be toast? What is the definition of MAKING 200 gallons? Does it refer to bottling 200 gallons or fermenting 200 gallons. I have never been able to get that answer. Either way having over 200 gallons aging would not be an offence, right? How would that be any different then me having 1500 bottles in my basement which equates to 350 gallons?

 

[Floandgary]

I would think that prosecution might be the plan if,,IF a person were suspected of making AND distributing more than said 200 gallons of product AND were guilty of failing to share with the local authority a portion of (presumed) profits, (in the way of licenses/fees). Never know about them revenooers tho!!

 

[dralarms]

My understanding is that you can have on hand all you want, but can only make up to the 200 gallons a year. My first 2 years I made almost 200 gallons a year, last year I only got about 100 gallons made due to a unfortunate remodeling task.

 

[ibglowin]

The presence of four barrels of wine by and of itself is not against the law. One could easily have 2 barrels from 2 different years. The law is there to put some form of limits on home brewing. 200G is about ~3 bottles of wine a day. If you are drinking that much a day you have some serious problems.

If your caught making more than 200G chances are pretty good your selling some of it and not paying the GOV their share of taxes owed to them and that is the real reason for the law.

Find 4 barrels of wine (55 gallons each), and the guy is toast.

 

[Runningwolf]

....but what is the definition of making it? 200 gallons fermented or bottled? You can control how much you ferment but what if you want to bottle wine from three years worth of wine that has been aging?

 

[ibglowin]

Ferment as that is when you actually turn it into alcohol. No one will ever know or really care if you make over 200 in a single year 99.99999% of the time. The law is there to shut down illegal business being run out of a house not zoned for that business, not paying taxes etc, etc.etc.. If you have cars coming and going all day and at odd hours with people carrying out bottles and cases of wine etc. Your neighbors are going to be the one that "rat" you out to the authorities.

 

[dralarms]

I give a bunch away. Never, ever sell it or take "gratuities" for it. I find the pleasure of making it and watching friends faces when they find out that I make better stuff than you can get around here.

 

[LeChat]

Pffft, I have frequently made over the 200 Gallon.

 

[Just-a-Guy]

200G is about ~3 bottles of wine a day. If you are drinking that much a day you have some serious problems.

Phew, scared me for a minute there, but I only drink 2 1/2 so I'm ok!

 

[ffemt128]

Ferment as that is when you actually turn it into alcohol. No one will ever know or really care if you make over 200 in a single year 99.99999% of the time. The law is there to shut down illegal business being run out of a house not zoned for that business, not paying taxes etc, etc.etc.. If you have cars coming and going all day and at odd hours with people carrying out bottles and cases of wine etc. Your neighbors are going to be the one that "rat" you out to the authorities.

I would have to agree with this. Once it starts fermentation, it is wine. PI WINE told me this with the early wine. "Since fermentation stated they have to charge the taxes on the product." That being said, I've gotten juice that had fermention started that was sold as juice since it was not the intent for fermentation to start. For a home winemaker, it would be hard to prove when you started fermentation as we are not required to keep records...

I'm not a lawyer and I didn't sleep at a Holiday Inn Express either..

 

[A2]

For the record, if you do break the law please don't post here that you have.

 

[GaDawg]

If you pitch the yeast it is tech. Wine.

 

[GaDawg]

I don't see how one could make 200 gal of wine if one drinks 3 bottles a day?

 

[Jericurl]

Honestly I think if they ever get someone on this law, they were already looking at them for something they were doing illegal. Either selling the alcohol or something else entirely.

I really don't think most of us have anything to worry about.

 

[richmke]

In WI, the tax is due when the wine is bottled. So, technically, you can sell a carboy of old grape juice, and the person "makes" the wine by bottling it.

 

[GreginND]

In WI, the tax is due when the wine is bottled. So, technically, you can sell a carboy of old grape juice, and the person "makes" the wine by bottling it.

According to the Feds, it is wine as soon as you start fermenting it. Taxes are another issue. Tax is due as soon as it is removed from the bonded area.

I would presume for home winemaking, the feds would consider it wine when you fermented it. But, if someone doesn't keep records on when they start their wine, it would be hard to prove what year it was made in.

 

[Sage]

I give a bunch away. Never, ever sell it or take "gratuities" for it. I find the pleasure of making it and watching friends faces when they find out that I make better stuff than you can get around here.

I see this a lot, "give it away". I would not be posting that on any forum. Read the rules about use.