United States

Updated: 9/2009
Status: Permitted, subject to age restriction and amount (gallonage).

Statute

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.

Discussion

§ 205 provides an exemption to the code permitting the production of beer for personal or family use. § 206 allows for removal of beer from the home for personal use as well as use at organized affairs and competitions. § 25.11 provides a definition for beer (see applicable statutory material). The Statute in Title 27, Part 25, Subpart L, Section 25.205 legalizing home production of beer, also appears in Title 26, Subtitle E, Chapter 51, Subchapter A, Part I, Subpart D, § 5053. The 1978 amendment to § 25.205 federally recognizing the home production of beer. Amendment XXI (1933) of the United States Constitution repealed the prohibition of intoxicating liquor (Amendment XVIII [1919]). However, section 2 of Amendment XXI and state police power gives states the authority to regulate the production, transportation and possession of intoxicating liquors. Therefore the home production of beer is recognized by federal statute so long as such production is not in violation of state law.

Alcohol Beverage Control Agency

Alcohol and Tobacco Tax and Trade Bureau
Public Information Officer
1310 G Street, NW., Suite 300
Washington, D.C. 20220
Phone: 202.453.2000

Applicable Statutory Material

Definitions

§ 25.11

Beer. Beer, ale, porter, stout, and other similar fermented beverages (including saké and similar products) of any name or description containing one-half of one percent or more of alcohol by volume, brewed or produced from malt, wholly or in part, or from any substitute for malt. Standards for the production of beer appear in §25.15.

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.