Moonshine is typically made out of some kind of corn mash. Today, people make artisan moonshine out of a sense of nostalgia and preference for taste. These can be sold in liquor stores or brewed just for personal use. However, distilling alcohol at home, even for personal use, is illegal under federal law. In , legal moonshine stills opened in some parts of the south, including South Carolina, Kentucky, Georgia, and Alabama.
These produced legal moonshine for sale and distribution. The product became quite popular for its representation of cultural history. There are federal and state regulations restricting any creation of alcohol intended for public distribution and sale. While it is legal under federal law to own a still of any size without a permit, a permit is required to manufacture alcohol with the still.
It does not matter how big the still is. Stills create real hazards and risks, which is why they are heavily regulated. A federal distilled spirits permit is needed in order to legally produce alcohol meant for sale and distribution.
These permits are meant for large manufacturers. They are expensive and difficult to obtain. A Federal Fuel Alcohol Permit can be obtained for no cost, but it is intended for creating alcohol for uses other than ingesting.
State laws vary widely regarding the legality of home distilling. In some states it is illegal to own a still while in other states it is not. Sometimes it is legal to own the still, but you may be charged a small fine for creating and producing alcohol. It is illegal everywhere to sell alcohol to minors. If you have been charged with home distilling, you should consult a drug lawyer right away.
A lawyer will help advise you of your options and devise your best case, and represent you during plea discussions and in court. Jose Rivera. Law Library Disclaimer. Can't find your category? Click here. Choose a Legal Category: Family Law. Real Estate and Property Law. Criminal Law.
Read our complete summary for more info. Unless the thought of digging ditches with chains around one's ankles is appealing, potential distillers better read this article on the legalities of making moonshine very closely. There are federal and state laws regulating home distilling. To avoid trouble with the federal, state, and local law enforcement agencies and officials, distillers need to comply with federal and state laws, as well as any local laws. We'll summarize federal laws in this article, which are important to know.
However, also be sure to check out laws regulating distillation at the state level. Federal law states that it is legal to own a still of any size.
It doesn't matter if an individual has a 1 gallon still or a gallon still. According to federal law, it is legal to have a still for decoration, distilling water, distilling essential oils, etc. The still does not need to be registered with anyone and no permits are needed as long as it is being used for the aforementioned purposes. However, be advised it is illegal to distill alcohol without having either a "distilled spirits permit" or a "federal fuel alcohol permit. A common misconception is that only stills 1 gallon and smaller are legal.
This is not true. Actual law merely states that stills 1 gallon or less that are not being used to distill alcohol are not tracked by the TTB see more on this below. According to federal law, It is legal to own a still larger than 1 gallon so long as it is not being used to distill alcohol or it is permitted to be used for distilling fuel alcohol or spirits. If a person wishes to legally distill alcohol, they have two options.
The first option is to obtain a Federal Distilled Spirits Permit. This is the permit that industry giants like Jack Daniels and Makers Mark distilleries possess, which makes it legal for them to distill and distribute to the public.
As one might imagine, this permit is very difficult to get. In short, unless an individual is opening a distillery with the intention of selling their product in liquor stores, don't even bother looking into getting a distilled spirits permit; it's way too expensive and complicated for a home distiller to obtain.
Instead pursue a fuel alcohol permit which we'll describe next. Option two is a Federal Fuel Alcohol Permit link below. Be advised that the conditions of the permit only allow a distiller to use the alcohol they produce for fuel purposes, not for consumption. List the type as a "pot still. This will be the identifying information for the still. Note, those not planning to use their still for alcohol do not need to get a permit or register the still with the federal government.
However, for those who are going to use the equipment to distill alcohol, the use your order number which is also your serial number on all permit paperwork. State distilling law is different in every state. Some states have no laws on owning a still, but prohibit the distillation of alcohol such as Colorado , which charges a small fine if one is caught doing so while other states prohibit possession of a still unless it's for fuel alcohol such as North Carolina, which requires a state fuel alcohol permit.
Some states may prohibit possession of distillation equipment and distilling altogether. Google state laws to find the rules and regulations in your state. Also, make sure to comply with these rules and regulations. Federal Alcohol and Tobacco Tax and Trade Bureau regulations state that still manufacturers need to keep customer info. Additionally, these records may also be requested by the federal TTB and still manufacturers are required to submit them if asked.
Federal law provides no exemptions for the production of distilled spirits for personal or family use.
0コメント