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Legal? Moonshine still for personal consumption


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#1 RCrowley

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Posted September 21 2009 - 10:28 AM

Cold MN winter approaching and the fellas on my block are looking into brewing some beer and maybe making moonshine for laughs.
Law says "produce and sell" is illegal. Anyone know the scoop?


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#2 foxfai

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Posted September 21 2009 - 10:37 AM

It could be in a certain states only.


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#3 Seal

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Posted September 21 2009 - 10:45 AM

**** the government.


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#4 BranfordJeff

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Posted September 21 2009 - 10:46 AM

The U.S. Law Concerning Alcohol Production




The use of a distillation apparatus is not legal in all countries. You should check with your federal, state and local authorities for details and exceptions Believe it or not, there are exceptions. I also include state and local authorities as well, because in the U.S., laws can vary at every level.




The information below was taken verbatum from the official BATF web site.




Distillation of Alcohol and Stills




Under Federal rules administered by ATF, the legality depends on how you use a still. You may not produce alcohol unless you qualify as a distilled spirits plant (see ATF FAQ's page at their web site.) However, owning a small still and using it for other purposes is allowed. You should also check with your State and local authorities - their rules may differ.




A still is defined as apparatus capable of being used to separate ethyl alcohol from a mixture that contains alcohol. Small stills (with a cubic distilling capacity of a gallon or less) that are used for laboratory purposes or for distilling water or other non-alcoholic materials are exempt from our rules. If you buy a small still and use it to distill water or extract essential oils by steam or water extraction methods, you are not subject to ATF requirements. If you produce essential oils by a solvent method and you get alcohol as a by-product of your process, ATF considers that distilling. Even though you are using and recovering purchased alcohol, you are separating the alcohol from a mixture -distilling.




Under regulations in part 170 of title 27, Code of Federal Regulations, ATF has the right to require manufacturers of stills to give them the name and address of each customer. If they choose to impose this requirement, they inform the manufacturer of the stills by letter.




Some people are under the misconception that all home alcohol production is illegal. Below are the legal guidelines for home production of beer and wine.




Sec. 24.75


Wine for personal or family use




(a) General. Any adult may, without payment of tax, produce wine for personal or family use and not for sale.


(b) Quantity. The aggregate amount of wine that may be produced exempt from tax with respect to any household may not exceed:


(1) 200 gallons per calendar year for a household in which two or more adults reside, or


(2) 100 gallons per calendar year if there is only one adult residing in the household.


© Definition of an adult. For the purposes of this section, an adult is any individual who is 18 years of age or older. However, if the locality in which the household is located has established by law a greater minimum age at which wine may be sold to individuals, the term ``adult'' will mean an individual who has attained that age.


(d) Proprietors of bonded wine premises. Any adult, defined in Sec. 24.75©, who operates a bonded wine premises as an individual owner or in partnership with others, may produce wine and remove it from the bonded wine premises free of tax for personal or family use, subject to the limitations in Sec. 24.75(b).


(e) Limitation. This exemption should not in any manner be construed as authorizing the production of wine in violation of applicable State or local law. Except as provided in Sec. 24.75(d), this exemption does not otherwise apply to partnerships, corporations, or associations.


(f) Removal. Wine produced under this section may be removed from the premises where made for personal or family use including use at organized affairs, exhibitions or competitions, such as home winemaker's contests, tastings or judgings, but may not under any circumstances be sold or offered for sale. The proprietor of a bonded wine premises shall pay the tax on any wine removed for personal or family use in excess of the limitations provided in this section and shall also enter all quantities removed for personal or family use on ATF F 5120.17, Report of Bonded Wine Premises Operations.


(Sec. 201, Pub. L. 85-859, 72 Stat. 1331, as amended (26 U.S.C. 5042))


(Approved by the Office of Management and Budget under control number 1512-0216)


[T.D. ATF-299, 55 FR 24989, June 19, 1991, as amended by T.D. ATF-338, 58 FR 19064, Apr. 12, 1993; T.D. ATF-344, 58 FR 40354, July 28, 1993]




This was last updated on September 17, 1999




Sec. 25.205


Production of Beer




(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.


© Partnerships except as provided in Sec. 25.207, corporations or associations may not produce beer, without payment of tax, for personal or family use.


(Sec. 201, Pub. L. 85-859, 72 Stat. 1334, as amended (26 U.S.C. 5053))




This was last updated on September 17, 1999




Sec. 25.206


Removal of beer




Beer made under Sec. 25.205 may be removed from the premises where made for personal or family use including use at organized affairs, exhibitions or competitions such as homemaker's contests, tastings or judging. Beer removed under this section may not be sold or offered for sale.


(Sec. 201, Pub. L. 85-859, 72 Stat. 1334, as amended (26 U.S.C. 5053))




Sec. 25.207


Removal from brewery for personal or family use.




Any adult, as defined in Sec. 25.205, who operates a brewery under this part as an individual owner or in partnership with others, may remove beer from the brewery without payment of tax for personal or family use. The amount of beer removed for each household, without payment of tax, per calendar year may not exceed 100 gallons if there is one adult residing in the household or 200 gallons if there are two or more adults residing in the household. Beer removed in excess of the above limitations will be reported as a taxable removal.


(Sec. 201, Pub. L. 85-859, 72 Stat. 1334, as amended (26 U.S.C. 5053))




This was last updated on September 17, 1999












Legal Status of Homebrewing in Minnesota




Updated: 1/07


State: Minnesota


Status: Permitted






Statute:


Minnesota statute Chapter 340A, §340A.301, Subdivision. 9 permits the unlicensed manufacture of beer in the home for family use. Minnesota statute Chapter 297G, §297G.07 permits Fruit juices naturally fermented or beer naturally brewed in the home for family use to be free from state excise tax.




Discussion:


This statute is a very concise exception enabling the production of beer free from state excise tax without license or permit. §340A.101 Subdivision 16 defines Malt Liquor as any beer, ale, or other beverage made from malt by fermentation and containing not less than one-half of one percent alcohol by volume.




Special Provisions:


N/A




State Alcohol Beverage Control Agency:


Department of Public Safety


Liquor Control Division


444 Cedar Street, Suite 133


St. Paul MN 55101


(651) 296-6979


FAX: ( 651) 297-5259




Applicable Statutory Material:


340A.101. Definitions




Subdivision 1. Terms. For purposes of this chapter the following terms have the meanings given them.




Subd. 2. Alcoholic beverage. "Alcoholic beverage" is any beverage containing more than one-half of one percent alcohol by volume.




Subd. 12a. Home Brewing Equipment. "Home Brewing Equipment" means portable equipment designed for use in home manufacturing of malt liquor in quantities of ten gallons or less and supplies and ingredients for home manufacture of malt liquor.




Subd. 16. Malt liquor. "Malt liquor" is any BEER, ale, or other beverage made from malt by fermentation and containing not less than one-half of one percent alcohol by volume.




Subd. 29. Wine. "Wine" is sparkling and carbonated wine, wine made from condensed grape must, wine made from other agricultural products than sound, ripe grapes, imitation wine, compounds sold as wine, vermouth, cider, perry and sake, in each instance containing not less than seven percent nor more than 24 percent alcohol by volume for nonindustrial use.




340A.301. Manufacturers and wholesalers licenses




Subdivision 1. Licenses required. No person may directly or indirectly manufacture or sell at wholesale intoxicating liquor, or 3.2 percent malt liquor without obtaining an appropriate license from the commissioner, except where otherwise provided in this chapter.




Subdivision. 9. Unlicensed manufacture. Nothing in this chapter requires a license for the natural fermentation of fruit juices or brewing of BEER in the home for family use.


297G.07.




Exceptions


The following are not subject to the excise tax:


(6) Fruit juices naturally fermented or beer naturally brewed in the home for family use.




Note: The information presented here is to the best of our knowledge and should not be used as a substitute for legal advice specific to the laws of your state.



#5 Jay in the Bay

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Posted September 21 2009 - 12:09 PM

As long as you don't tell anyone about it, I don;t think you would have anything to worry about. A good place to start is to refrain from posting references to it in public internet forums


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#6 Fishing For Life

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Posted September 21 2009 - 12:54 PM

As long as you don't tell anyone about it, I don;t think you would have anything to worry about. A good place to start is to refrain from posting references to it in public internet forums




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Quote:Originally Posted by Nebewhen the bay runs red, fish the mudhole instead

#7 Rickman

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Posted September 21 2009 - 1:40 PM

When I was growing up in GA, seemed like most everybody had one .


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#8 thirteenfoxtrot

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Posted September 21 2009 - 1:58 PM

Google copper moonshine stills.


THIS 10 GALLON GEORGIA RIDGE STILL HAS COMBINED BOTH AN EXPANSION JOINT COLUMN WITH REFLUX MAKING FOR ONE OF THE FINEST LOOKING ALL COPPER STILLS AVAILABLE. $895

I made a small one back in '73 for 8th grade health class.


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#9 Grilled

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Posted September 21 2009 - 2:51 PM

i bring back moonshine from europe all the time! As long as your using for personal consumption and not selling it then you should be ok.


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(*member formerly known as 'Grilled Sardine')

#10 BranfordJeff

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Posted September 21 2009 - 3:12 PM

Google copper moonshine stills.



Posted Image

THIS 10 GALLON GEORGIA RIDGE STILL HAS COMBINED BOTH AN EXPANSION JOINT COLUMN WITH REFLUX MAKING FOR ONE OF THE FINEST LOOKING ALL COPPER STILLS AVAILABLE. $895



I made a small one back in '73 for 8th grade health class.



That would get you kicked out of school, and taken away from your parents by DCF, wtih parents facing jail time nowadays.



#11 thirteenfoxtrot

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Posted September 21 2009 - 4:08 PM

I also took in a medical school quality, fully wired, spring jawed skeleton in a pine coffin. Imagine the repercussions the school would get for allowing that nowadays. My parents keep "Harry" in their bedroom. They used to make the trick-or-treaters help themselves to the candy he held in a bowl on his lap.

I'll inherit him someday.


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#12 FenderBender

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Posted September 21 2009 - 5:58 PM

Lookin' forward to getting my annual gift from TN right after Thanksgiving. No skunk. Gift will live in cool, dark place 'til next summer.
Then it's Cherry KoolAid time!!


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"All people have the right to stupidity but some abuse the privilege" wink.gif

#13 dena

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Posted September 21 2009 - 6:39 PM

me and an old roommate of mine lived on homemade beer for a few years i vaguely remember back in the early 80s.
some was good, others not.
make small batches first, till you know what you like.
we used 7-11 soda cannisters for a keg style beer, made 5 gallon if i remember right.
wine is fun to make too, can be made from just about anything.
distill some of the wine=brandy.


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There are no stupid questions, but there are a lot of curious idiots out there.