Whats Legal Limit?

[AoifeLuC]

I was wondering... the private individual making wine for own use...how much wine (bottles) can one produce per household? I'm enjoying this hobby but I don't want to go over legal limit . Does it vary from state to state?
Thanks

 

[Julie]

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.

 

[AoifeLuC]

Thank you. Now I can play to my heart's content.

 

[Rocky]

I am not sure about this but I think that in some cases State law trumps Federal law so you might want to check that out. That is, even though the Feds say a household of two can make 200 gallons, the State you live in may limit production to less than that. Here in Ohio, it is the same, i.e. 200 gallons for a household of two and it was that way when I lived in PA.

 

[jgmann67]

Here's a state by state chart from our friends at the National Conference of State Legislatures:

http://www.ncsl.org/research/financial-services-and-commerce/home-manufacture-of-alcohol-state-statutes.aspx

 

[Scooter68]

Good luck reading that chart. I reached Illinois and fell asleep. (Think they pay the people who writes these laws by the word.

Did notice that Alabama has a limit of the POSSESSION of 15 gallons as their limit at any time and production of not more than 15 gallons per quarter. Wonder how many folks with nice wine cellars are over that limit.

 

[AoifeLuC]

Texas stated not more than 200 gallons per household. I think I'm safe with that number.

 

[Ron0126]

Does anyone know how many people have been arrested or successfully prosecuted for making 200.1 or more gallons for their own personal use? NOT for selling it, but just for making it.

I asked my brother-in-law who is in the BATF but said he didn't know of any cases. He knew of cases where people were selling 'shine and getting prosecuted ... but none where they were making too much wine OR 'shine solely for personal use.

Please note that I'm not advocating breaking the law by asking this question (though in some places, just asking the wrong question can get you into trouble).

 

[Scooter68]

Unless you have a neighbor with a grudge against you or a over-the-top local DA I doubt that anyone is going to get prosecuted for exceeding the limit within reasonable bounds. Of course if you start selling or producing 500 gallons, something excessively over the limit, and get reported. Good luck.

Sorta like the folks driving 75 in a 70 speed zone vs the people doing 85 +... in a bright red sports car.

And as you mentioned shine makers/sellers are always just sort of hanging it out their hoping nobody who cares finds out.

I do find that Alabama limit a bit excessively limiting. Guess nobody there better indulge in 5 gallon batches or your consumption levels had better be pretty high.

 

[jhegg]

I give most of the wine I produce away to friends (and they really appreciate it!) Am I allowed to subtract what I give away from the 200 gallons I am allowed to produce?

 

[Julie]

I am not sure about this but I think that in some cases State law trumps Federal law so you might want to check that out. That is, even though the Feds say a household of two can make 200 gallons, the State you live in may limit production to less than that. Here in Ohio, it is the same, i.e. 200 gallons for a household of two and it was that way when I lived in PA.

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.

 

[Ron0126]

I do find that Alabama limit a bit excessively limiting.

You got that right. It's all about the money. I can buy 10,000 gallons at the State Controlled liquor store but make more than 15 gallons per quarter and you're guilty of a Class B Misdemeanor (I. Am. So. Scared. )

But I'll be moving in about 12 months anyway. Then I'll be in trouble for "transporting" ... LOL.

Land of the free? ... not any more. Washington and Jefferson must be rolling over in their graves.

 

[CryptoStorm]

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.

I salute you!

 

[Scooter68]

Technically - You produced it so it counts. At least that's what a "bean counting bureaucrat: would say.

 

[Scooter68]

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)

 

[CryptoStorm]

Technically - You produced it so it counts. At least that's what a "bean counting bureaucrat: would say.

I would agree.

But if you're not in possession of the wine it would be kind of hard to prove..

 

[Scooter68]

I would agree.

But if you're not in possession of the wine it would be kind of hard to prove..

So don't keep logs of what you have produced.

 

[CryptoStorm]

I'm not the one trying to make 500 gallons of wine to "give to friends"...

 

[AoifeLuC]

This 200 gallons per household is for a year? Hmmm.

 

[Scooter68]

I'm not the one trying to make 500 gallons of wine to "give to friends"...

I don't have enough real "friends" to give that much wine to.