Kansas

Updated: 5/2014

Status: Permitted

Statute

Kansas statute Chapter 41, Article 1, § 41-104 permits the making of wine, cider or beer by a person from fruits, vegetables or grains, or the product thereof, by simple fermentation and without distillation, if it is made solely for the use of the maker and, the maker’s family, guests and judges at a contest or competition of such beverages.

Discussion

§ 41-104 is an exception enabling the production of wine, cider or beer and the sharing of that wine, cider or beer with family, guests or competition judges. Guests include those invited to a private event. Homemade wine, cider or beer may not be served at public events.

Special Provisions

N/A

State Alcohol Beverage Control Agency

• Kansas Department of Revenue
• Alcoholic Beverage Control Division
• Docking State Office Building
• 915 SW Harrison Street
• Room 214
• Topeka, KS 66625-3512
• Phone: 785.296.7015
• Fax: 785.296.7185

Applicable Statutory Material

41-102. Kansas liquor control act; definitions.

As used in this act, unless the context clearly requires otherwise:

(a) “Alcohol” means the product of distillation of any fermented liquid, whether rectified or diluted, whatever its origin, and includes synthetic ethyl alcohol but does not include denatured alcohol or wood alcohol.

(b) “Alcoholic liquor” means alcohol, spirits, wine, beer and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer and capable of being consumed as a beverage by a human being, but shall not include any cereal malt beverage.

(c) “Beer” means a beverage, containing more than 3.2% alcohol by weight, obtained by alcoholic fermentation of an infusion or concoction of barley, or other grain, malt and hops in water and includes beer, ale, stout, lager beer, porter and similar beverages having such alcoholic content.

(gg) ”Wine” means any alcoholic beverage obtained by the normal alcoholic fermentation of the juice of sound, ripe grapes, fruits, berries or other agricultural products, including such beverages containing added alcohol or spirits or containing sugar added for the purpose of correcting natural deficiencies.

41-104. No person shall manufacture, bottle, blend, sell, barter, transport, deliver, furnish or possess any alcoholic liquor for beverage purposes, except as specifically provided in this act, the club and drinking establishment act or article 27 of chapter 41 of the Kansas Statutes An- notated, and amendments thereto, except that nothing contained in this act shall prevent:

(b) the making of wine, cider or beer by a person from fruits, vegetables or grains, or the product thereof, by simple fermentation and without distillation, if it is made solely for the use of the maker and, the maker’s family, guests and judges at a contest or competition of such beverages, provided, the maker receives no compensation for producing such beverages or for allowing the consumption thereof;

(j) For purposes of subsection (b), the term ‘‘guest’’ means a natural person who is known to the host and receives a personal invitation to an event conducted by the host. The term ‘‘guest’’ shall not mean a natural person who receives an invitation to an event conducted by the host when such invitation has been made available to the general public.

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.