? Legalities of Homebrewing

[Burke McCrory]

At 09:35 AM 11/5/96 -0600, you wrote:
>> >Actually I am going to do that. In addition, I'm going to call about
>> >some of the points that directly affect me, and not the SCA as a whole.
>> >Those being, can I give it away and can I make mead legally.
>> I'm not a legal expert, and will definately NOT offer an opinion on this
>> topic other than to suggest that whatever you find out, the rules are
likely
>> to be FAR different north of the Red.
>
>Uhh. You're definately right. I forgot to look up OK when I was looking.
>(*sigh*) I will forward what I found to the High Chancelor and see if he
>can dig up more.
>
>> (My suspicion is, in fact, that
>> as bizarrely repressive as Texas laws are going to be Oklahoma will have
>> found some way to be more bizarre and more repressive -- particularly
>> with regards to the Great Demon (there is no pride in my reporting this
>> fact, just cynical expectation).
>
>It's definately bizarre. The information I found is:
>
>  Oklahoma presently has no legislation legalizing the production of beer
>  in the home for personal or family use. However, Title 37 section 505
>  provides for the legal home production of cider and wine.  Oklahoma
>  statute 37-506(4) defines the term "Beer".  Pursuant to 37-505 the
>  manufacture, sale, possession, etc. of any alcoholic beverage except as
>  provided for in the act is prohibited.  Violation of 37-505 can result
>  in a 30 day suspension of a state alcohol license, and/or $3,000 fine.
>
>  Oklahoma state statute Title 37 section 505 provides that nothing shall
>  prevent the making of cider, or of wine, not to exceed 200 gallons in
>  any one year pursuant to a license first obtained from the Alcoholic
>  Beverage Laws Enforcement (ABLE) Commission, by simple fermentation
>  and without distillation, if made solely for the use of the maker,
>  his family and guests.
>	        ^^^^^^ Note, this implies you can give it away, but the
>	               Texas law does not state this.
>
>  Several individuals in Oklahoma have attempted to introduce legislation
>  to allow for the production of beer in the home. These efforts, while
>  sincere, have had no effect on modifying the existing law. To date we
>  are aware of no enforcement action by state authorities.
>
>  The current feeling among the homebrewing community in Oklahoma
>  suggests a growing frustration with legislative reform in the area of
>  beer production in the home for personal or family use.  However, the
>  recent influx of brew pubs in the state may aid efforts to amend
>  section 37-505 to include the production of beer in the home.
>
>The place to contact for more information is:
>
>  ABLE 
>  2501 N. Stiles 
>  Oklahoma City, OK 73105-3193 
>  (405) 521-3484 
>  FAX (405) 521-6578
>
>Ciao,
>
>-- 
>Phelim Uhtred Gervas  | "I want to be called. COTTONTIPS. There is something 
>Barony of Bryn Gwlad  |  graceful about that lady. A young woman bursting
with 
>House Flaming Dog     |  vigor. She blinked at the sudden light. She writes
>pug at pug.net           |  beautiful poems. When ever shall we meet again?"
>

This issue came up several years ago when I was Northern Regional seneschal
and Fredrick was Kingdom seneschal.  Even though it is legal to sell the
supplies for beer making it is illegal to make it without a full license.
Also it is illegal to bring more than a total of 1 liter of beer per person
into Oklahoma without getting an import license.  I know the Oklahoma laws
are somewhat backwards but unfortunatly that is the way it is.  


Sir Burke Kyriell MacDonald
burkemc at ionet.net
Burke McCrory
System Specialist 
Internet Administrator
Oklahoma Tax Commission
bmccrory at oktax.state.ok.us
Phone : 405-522-5808

My opinions are my own, not my employer's...