Selling Homebrew for Charity

Discussion in 'Homebrewing' started by Eziel, Apr 20, 2015.

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  1. VikeMan

    VikeMan Grand Pooh-Bah (3,067) Jul 12, 2009 Pennsylvania
    Pooh-Bah

    If I'm not mistaken, @Eziel was talking to the Feds. If so, if there are states that would allow what he was comtemplating, he would still have been subject to the federal statute, and ATF/TTB's interpretation of it.
     
  2. bluehende

    bluehende Initiate (0) Dec 10, 2010 Delaware

    Wouldn't be the first time that state and federal law's are in opposition to each other.

    California law

    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.
     
    Eziel likes this.
  3. hopfenunmaltz

    hopfenunmaltz Pooh-Bah (2,647) Jun 8, 2005 Michigan
    Pooh-Bah

    I didn't get into the Feds and states thing. The short answer is you can't sell home brew, period, even if there is a state law that says you can donate to a charity for eventual sale.

    The CA law screwed up a lot of hombres activities, as those were not for charity. A law had to be passed so that the national conference could be held in June in SD.
     
    GreenKrusty101 likes this.
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