Ohio

Ohio Revised Code § 4301.201 recognizes homemade beer and wine and allows a homebrewer to brew or ferment homemade beer or wine without a permit issued under Chapter 4303 of the Revised Code, provided the homebrewer does not sell the homemade beer or wine, does not receive prohibited compensation for participating in an event, and remains within the annual household production limits set by law.

Under ORC § 4301.201, “homemade beer or wine” means beer that is brewed or wine that is fermented by an individual’s own efforts and not for commercial purposes. A “homebrewer” is a person who brews or ferments homemade beer or wine.

The statute permits annual production of up to 100 gallons if the homebrewer’s household has only one person who is 21 years of age or older, or up to 200 gallons if the household has two or more persons who are 21 years of age or older.

Ohio law now expressly recognizes homebrewing. ORC § 4301.201 permits a homebrewer to brew or ferment homemade beer or wine without a Chapter 4303 permit if the homemade beer or wine is not sold or offered for sale, compensation restrictions are followed, and the applicable annual production limit is not exceeded.

A homebrewer may serve homemade beer or wine without a Chapter 4303 permit for personal consumption on private property, or to the homebrewer’s family, neighbors, co-workers, and friends on private property. Homemade beer or wine may also be served at qualifying non-public demonstrations or competitions, subject to the statute’s event requirements.

A homebrewer or the homebrewer’s designated representative may transport homemade beer or wine brewed or fermented by the homebrewer without a Chapter 4303 permit.

ORC § 4301.201 includes specific rules for events where tasting samples of homemade beer or wine are served. An “event” is defined as a demonstration or competition that is not open to the public and at which tasting samples of homemade beer or wine are served. A “tasting sample” may not exceed two ounces.

Events may be conducted, sponsored, or hosted by qualifying homebrewers, fraternal organizations, or certain permit holders, depending on the location and permit status. Events may be held on private property, the premises of a fraternal organization, or premises covered by certain Ohio liquor permits. If a qualifying permit holder hosts an event on permitted premises, the permit holder must suspend permit privileges in the portion of the premises where the event occurs for the duration of the event and provide notice to the Division of Liquor Control and the Department of Public Safety’s investigative unit at least 10 days before the event.

Hosts may not sell homemade beer or wine, charge a fee for consumption of homemade beer or wine, or acquire an ownership interest in homemade beer or wine served at the event unless the host is the homebrewer. For homebrew club or group events, the statute allows a registration fee charged to a club or group member to attend the event. Permit holders hosting events must keep homemade beer or wine clearly identified and separate from beer or intoxicating liquor intended for sale under the permit.

Primary statute:

Ohio Revised Code § 4301.201 — Homemade beer and wine

Effective March 23, 2022

Enacted by Senate Bill 102, 134th General Assembly

Relevant definitions from ORC § 4301.201 include:

“Homebrewer” means a person who brews or ferments homemade beer or wine.

“Homemade beer or wine” means beer that is brewed or wine that is fermented by an individual’s own efforts and not for commercial purposes.

“Sell” does not include giving away homemade beer or wine free of charge.

“Tasting sample” means an amount of beer or wine not to exceed two ounces.