hist-brewing: distillation legality

[Stephen Bernard]

Jeff Renner wrote:

> Whoa, whoa, whoa!  I'm certainly no lawyer, but my reading of posts by
> apparently knowledgable folks on HomeBrew Digest over the years has left me
> with a distince impression that ANY concentration of alcohol (by
> distillation or freezing) without a (federal) licence is illegal under
> federal law, which takes precedence over state law.  I would certainly
> think that Ohio code refers to beer and wine, not distillate.  I can't
> imagine you could make up to 1000 gallons distilled alcohol any any
> circumstances unless you were a licensed distillery.  After all, an
> individual can make up to only 100 gallons of beer, 200 for a household.
> And unless you are licensed, you won't have the privilege of paying taxes
> on it - for any distillate or for beer (or wine or cider) over 100/200
> gallons.

don't know about distilation,  but the fed's don't issue a "Licence" for brewing,
(you must file and have approved a brewers notice,  and post a brewer's bond and
pay a special tax) and there's nothing illegal about homebrewing more than 200
gal.  but you must pay the tax on it and there is currently no avinue to do so.  i
suspect that somthing similar is true for distilled sprits.

>
>
>  Are there any lawyers among us who know for sure?

>
>
> Jeff

rev. steve


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