Delaware

Updated: 3/2008

Status: Permitted

Statute

Chapter 4, Title 7, § 707 Home manufacture of beer or wine for personal consumption.

(a) No license or special permit shall be required for the manufacture within homes, or other premises used in connection therewith, of beer in quantities of 200 gallons or less during any calendar year, or wine in quantities of 200 gallons or less during any calendar year, for the personal consumption only of the homeowner(s), their families or their guests; provided however, that such beer or wine shall not be offered for sale.

(b) Such beer or wine, when manufactured and used as set forth above, shall not be subject to any taxes imposed by the Liquor Control Act.

(c) Beer and wine manufactured pursuant to this section may be removed from the home and transported for personal or family use, and in addition may be transported for the purposes of participating in club-sponsored events and tasting competitions.

(d) Notwithstanding any other provision in this chapter or title, concentrated alcoholic beverages are not “home-manufactured beer or wine” for purposes of this section, and all Commissioner regulations and tax requirements concerning home-manufactured beer or wine shall not apply to concentrated alcoholic beverages. (4 Del. C. 1953, § 712; 59 Del. Laws, c. 107, § 54; 65 Del. Laws, c. 50, § 4; 67 Del. Laws, c. 109, § 19; 71 Del. Laws, c. 315, § 2; 72 Del. Laws, c. 486, § 11.)

Special Provisions

N/A

State Alcohol Beverage Control Agency

Division of Alcohol and Tobacco Enforcement (DATE)

• 820 North French Street
• Wilmington, DE 19801
• Phone: 302.577.5222
• Fax: 302.577.3204

Applicable Statutory Material

§ 101 Definitions.

As used in this title, in addition to their usual meaning:

(4) “Beer” means any beverage containing more than one half of 1 percent of ethyl alcohol by volume, obtained by the alcoholic fermentation of any infusion or decoction of barley malt and hops in water and includes, among other things, ale, porter, stout and other malt or brewed liquors.

Note: The information presented here is to the best of our knowledge and should not be used as a substitute for legal advice specific to the laws of your state.