Homebrew Law

THE INFORMATION PRESENTED HERE IS NOT A SUBTITUTE FOR LEGAL ADVICE

Federal Law

CFR Title 27:Alcohol, Tobacco Products & Firearms

Title 27

->Chapter I

-->Subchapter A

--->Part 25

---->Subpart L

----->Section 25.205 & 25.206

§ 25.205 Production.

(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.

(c) Partnerships except as provided in § 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))

§ 25.206 Removal of beer.

Beer made under § 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))

California State Law

Californa Alcoholic Beverage Control Act

->Business and Profession Code

-->Article 3

23356.2.

(a) No license or permit shall be required for the

manufacture of beer or wine for personal or family use, and not for sale, by a person over 21 years of age. The aggregate amount of beer

or wine with respect to any household shall not exceed

(1) 200 gallons per calendar year if there are two or more adults in the

household or

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

(b) Beer or wine produced pursuant to this section may be removed

from the premises where made only under any of the following

circumstances:

(1) For use, including tasting by judges, in a bona fide competition or exhibition.

(2) For personal or family use.

(3) When donated to a nonprofit organization for use as provided

in subdivision (c).

donated to a nonprofit organization for sale at fundraising events

conducted solely by and for the benefit of the nonprofit

organization. Beer and wine donated pursuant to this subdivision may

be sold by the nonprofit organization only for consumption on the

premises of the fundraising event, under a license issued by the

department to the nonprofit organization pursuant to this division.

(2) Beer or wine donated and sold pursuant to this subdivision

shall bear a label identifying its producer and stating that the beer

or wine is homemade and not available for sale or for consumption

off the licensed premises. The beer or wine is not required to comply

with other labeling requirements under this division. However,

nothing in this paragraph authorizes the use of any false or

misleading information on a beer or wine label.

(3) A nonprofit organization established for the purpose of

promoting home production of beer or wine, or whose membership is

composed primarily of home brewers or home winemakers, shall not be

eligible to sell beer or wine pursuant to this subdivision.

(d) Except as provided in subdivision (c), this section does not

authorize the sale or offering for sale by any person of any beer or

wine produced pursuant to this section.

(e) Except as provided herein, nothing in this section authorizes

any activity in violation of Section 23300, 23355, or 23399.1.