Montana

Updated: 9/1995

Status: Permitted, subject to federal statute.

Statute

Montana Title 16, Chapter 1, Part 2, § 16-1-201 provides for “acts not covered” under the Montana Alcoholic Beverage Code. Section 16-1-201(1) permits any brewer duly licensed under federal statute to manufacture alcoholic beverages (beer) pursuit to such federal statute.

Discussion

Section 16-1-201(1) provides a simple provision permitting the home production of beer in Montana so long as such activity is within the federal statute recognizing the production of beer for family use.

Special Provisions

N/A

State Alcohol Beverage Control Agency

• Department of Revenue, Liquor Division
• P.O. Box 5805
• Helena, MT. 59604-5805
• Phone: 406.444.6900
• Fax: 406.444.0750

Applicable Statutory Material

§ 16-1-106. Definitions.
As used in this code, the following definitions apply:

(3) “Alcoholic beverage” means a compound produced and sold for human consumption as a drink that contains more than 0.5% of alcohol by volume.

(4) “Beer” means a malt beverage containing not more than 7% of alcohol by weight.

(6) “Brewer” means a person who produces malt beverages.

(11) “Liquor” means an alcoholic beverage except beer and table wine.

(12) “Malt beverage” means an alcoholic beverage made by the fermentation of an infusion or decoction, or a combination of both, in potable brewing water, of malted barley with or without hops or their parts or their products and with or without other malted cereals and with or without the addition of unmalted or prepared cereals, other carbohydrates, or products prepared therefrom and with or without other wholesome products suitable for human food consumption.

§ 16-1-201 Acts not covered by code.

(1) Nothing in this code shall prevent any brewer, distiller, or other person, duly licensed under the provisions of any statute of the United States of America for the manufacture of alcoholic beverages, from having or keeping alcoholic beverages in a place and in the manner authorized by or under any such statute.

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.