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).
(c) (1) Beer or wine produced pursuant to this section may be
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.