Laws

Brewing Laws

Federal:

United States Code of Federal Regulations Title 27, Part 25, Subpart L, Section 25.205 and Section 25.206 Beer For Personal or Family Use 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. § 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. The 21st Amendment predominantly leaves regulation of alcohol to the states. Thus, even though home brewing is federally legal, it is still up to individual states to legalize home brewing in state codes. The vast majority of states have legalized home brewing, though laws regarding home brewing vary widely. North Carolina statute Chapter 18B, Article 1, §18B-101 defines Malt Beverage as any beer, lager, malt liquor, ale, porter, and any other brewed or fermented beverage containing at least one-half of one percent (0.5%), and not more than fifteen percent (15%), alcohol by volume. North Carolina Chapter 18B, Article 3, §18B-306 permits an individual to make, possess, and transport native wines and malt beverages for his own use and for the use of his family and guests.
 * State Laws **
 * North Carolina Law: **

§ 18B-101 Definitions. As used in this Chapter, unless the context requires otherwise: (4) "Alcoholic beverage" means any beverage containing at least one-half of one percent (0.5%) alcohol by volume, including malt beverages, unfortified wine, fortified wine, spirituous liquor, and mixed beverages (9) "Malt beverage" means beer, lager, malt liquor, ale, porter, and any other brewed or fermented beverage containing at least one-half of one percent (0.5%), and not more than fifteen percent (15%), alcohol by volume. 18B-306 Making wines and malt beverages for private use. An individual may make, possess, and transport native wines and malt beverages for his own use and for the use of his family and guests. Native wines shall be made principally from honey, grapes, or other fruit or grain grown in this State, or from wine kits containing honey, grapes, or other fruit or grain concentrates, and shall have only that alcoholic content produced by natural fermentation. Malt beverages may be made by use of malt beverage kits containing grain extracts or concentrates. Wine kits and malt beverage kits may be sold in this State. No ABC permit is required to make beverages pursuant to this section. Virginia code Title 4.1, Chapter 1, § 4.1-200 provides that any person may manufacture at his residence or at a gourmet brewing shop for domestic consumption at his residence, but not to be sold, dispensed or given away, except as hereinafter provided, wine or beer or both in an amount not to exceed federal law. <span style="color: #3c2312; font-family: 'Arial','sans-serif';">s 4-100 Definitions. <span style="color: #3c2312; font-family: 'Arial','sans-serif';">As used in this chapter, unless the context clearly shows otherwise, the term or phrase: <span style="color: #3c2312; font-family: 'Arial','sans-serif';">"Beer" means any beverage obtained by the alcoholic fermentation of an infusion or decoction of barley, malt and hops or of any similar products in drinkable water and containing, one-half of one percent or more of alcohol by volume. "Gourmet brewing shop" means an establishment which sells to persons to whom beer may lawfully be sold, ingredients for brewing beer, including packaging, and rents to such persons facilities for manufacturing, fermenting and bottling such beer. s 4.1-200 Exemptions from licensure. The licensure requirements of this chapter shall not apply to: 6. Any person who manufactures at his residence or at a gourmet brewing shop for domestic consumption at his residence, but not to be sold, dispensed or given away, except as hereinafter provided, wine or beer or both, in an amount not to exceed the limits permitted by federal law. Any person who manufactures beer in accordance with this subdivision may remove from his residence an amount not to exceed fifteen gallons of such beer on any one occasion for (i) personal or family use, provided such use does not violate the provisions of this title or Board regulations; (ii) giving to any person to whom beer may be lawfully sold an amount not to exceed seventy-two ounces per person per year, provided such gift is for noncommercial purposes; or (iii) giving to any person to whom beer may lawfully be sold a sample of such beer, not to exceed two ounces by volume for on-premises consumption at events organized for judging or exhibiting such beer, including events held on the premises of a retail licensee. Nothing in this paragraph shall be construed to authorize the sale of such beer.
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 * Virginia Law: **
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