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Home Brews

Posted by Ms Chocolate , 22 September 2012 · 513 views

THE CONSTITUTION OF THE UNITED STATES OF AMERICA

ARTICLE XXI
§2 Transportation or importation of intoxicating liquors.
The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.
Compilers note: This amendment to the Constitution was proposed to the several states by the seventy-second congress on February 20, 1933, and was declared, in a proclamation by the secretary of state, dated December 5, 1933, to have been ratified by conventions in the states of Arizona, Alabama, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Idaho, Illinois, Indiana, Iowa, Kentucky, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Nevada, New Hampshire, New Jersey, New
Mexico, New York, Ohio, Oregon, Pennsylvania, Rhode Island, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin and Wyoming-said states constituting three fourths of the whole number of states in the United states and certified as valid to all intents and purposes as a part of the Constitution of the United States.

436.2027 Samplings or tastings of alcoholic liquor generally
Sec. 1027 (3) This section does not prohibit any of the following:
(d) A micro brewer, brewpub, or on-premises licensee from allowing the sampling and consumption on the licensed premises of beer, wine, mead, honey-based beer, or cider produced by 1 or more home brewers at a meeting of home brewers, or a club composed primarily of home brewers, under the following circumstances:
(ii) The beer, honey-based beer, or cider is served in portions that do not exceed 3 ounces. The wine or mead is served in portions that do not exceed 2 ounces.
(iii) The beer, wine, mead, honey-based beer, or cider produced by the home brewer is only consumed by the home brewer, the home brewer’s family, a club member, a judge, or a guest speaker and is not sold to members of the general public.

436.2027 Samplings or tastings of alcoholic liquor generally
Sec. 1027 (10) As used in this section:
(b) “Home brewer” means an individual who manufactures beer, wine, mead, honey-based beer, or cider at his or her dwelling.

Federal law Sec. 25.205
(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: (2) 100 gallons per calendar year if there is only one adult residing in the household.
(Sec. 201, Pub. L. 85-859, 72 Stat. 1334, as amended (26 U.S.C. 5053))