Brewing/Vintning in Ansteorra

[Stephen Pursley]

Mundane Law and the Making of Alcoholic Beverages in the Home.

_________________________________________

In the past few months inaccurate information has been circulating
through Ansteorra concerning a subject near and dear to my heart, the
production of alcoholic beverages in the home.

Someone has been circulating the (incorrect) notion that the production
of alcoholic beverages in the home is illegal in the State of Oklahoma,
and that recognition and awards should be withheld from anyone who
produces such beverages in Oklahoma, so as to avoid the appearance that
the Kingdom is condoning or encouraging an illegal act.  As a mead maker
in Northern Ansteorra I find this situation unacceptable.

To correct this problem, I have written the following.  This letter
includes the pertinent sections of Oklahoma and Texas State Law, and a
discussion of these laws.  This letter was written for informational
purposes only, and is in no way to be considered legal advice.  Be
warned, this is a long discussion.


Oklahoma

The following are excerpts from the Statutes of the State of Oklahoma. 
This section of the Oklahoma Statutes (§37-506) includes definitions
which are referenced in other sections.  The sections which are not
pertinent to the discussion have been removed (this is why there are
gaps in the numbering).  My comments are {{written in double brackets
such as these}}:


§37-506. 

When used in the Oklahoma Alcoholic Beverage Control Act, Section 501 et
seq. of this title, the following words and phrases shall have the
following meaning:

1.  "ABLE Commission" means the Alcoholic Beverage Laws Enforcement
Commission;

2.  "Alcohol" means and includes hydrated oxide of ethyl, ethyl alcohol,
ethanol, or spirits of wine, from whatever source or by whatever process
produced.  It does not include wood alcohol or alcohol which has been
denatured or produced as denatured in accordance with Acts of Congress
and regulations promulgated thereunder;

3.  "Alcoholic beverage" means alcohol, spirits, beer, and wine as those
terms are defined herein and also includes every liquid or solid,
patented or not, containing alcohol, spirits, wine or beer and capable
of being consumed as a beverage by human beings, but does not include
low-point beer as that term is defined in Section 163.2 of this title;

4.  "Applicant" means any individual, legal or commercial business
entity, or any individual involved in any legal or commercial business
entity allowed to hold any license issued in accordance with the
Oklahoma Alcoholic Beverage Control Act;

5.  "Beer" means any beverage containing more than three and two- tenths
percent (3.2%) of alcohol by weight and obtained by the alcoholic
fermentation of an infusion or decoction of barley, or other grain, malt
or similar products.  "Beer" may or may not contain hops or other
vegetable products.  "Beer" includes, among other things, beer, ale,
stout, lager beer, porter and other malt or brewed liquors, but does not
include sake, known as Japanese rice wine;

{{According to this section , a beverage who’s primary sugars are
derived from grain (except rice), with an alcohol content below 3.2% by
weight IS NOT classified as beer in the state of Oklahoma}}

7.  "Brewer" means any person who produces beer in this state;

9.  "Convicted" and "conviction" mean and include a finding of guilt
resulting from a plea of guilty or nolo contendere, the decision of a
court or magistrate or the verdict of a jury, irrespective of the
pronouncement of judgment or the suspension thereof;

14.  "Licensee" means any person holding a license under the Oklahoma
Alcoholic Beverage Control Act, and any agent, servant, or employee of
such licensee while in the performance of any act or duty in connection
with the licensed business or on the licensed premises;

37.  "Spirits" means any beverage other than wine, beer or light beer,
which contains more than one-half of one percent (1/2 of 1%) alcohol
measured by volume and obtained by distillation, whether or not mixed
with other substances in solution and includes those products known as
whiskey, brandy, rum, gin, vodka, liqueurs, cordials and fortified wines
and similar compounds; but shall not include any alcohol liquid
completely denatured in accordance with the Acts of Congress and
regulations pursuant thereto;

39.  "Wine" means and includes any beverage containing more than
one-half of one percent (1/2 of 1%) alcohol by volume and not more than
twenty-four percent (24%) alcohol by volume at sixty (60) degrees
Fahrenheit obtained by the fermentation of the natural contents of
fruits, vegetables, honey, milk or other products containing sugar,
whether or not other ingredients are added, and includes vermouth and
sake, known as Japanese rice wine;

_________________________________________

{{Now that we have covered the definitions, on to the specific
legislation allowing home production of alcoholic beverages in
Oklahoma}}

Oklahoma State Code, 37, Section 505:

No person shall manufacture, rectify, sell, possess, store, import  into
or export from this state, transport, or deliver any alcoholic  beverage
except as specifically provided in the Oklahoma Alcoholic  Beverage
Control Act.  Provided, that nothing herein shall prevent  the
possession and transportation of alcoholic beverages for the personal
use of the possessor, his family and guests, so long as  the Oklahoma
excise tax has been paid thereon, except for beer.   Provided, that
nothing herein shall prevent the making of cider or of wine, not to
exceed two hundred (200) gallons in any one (1)  year pursuant to a
license first obtained from the Alcoholic Beverage Laws Enforcement
Commission, by simple fermentation and without distillation, if made
solely for the use of the maker, his  family and guests.


Discussion:

“nothing herein shall prevent the making of cider or of wine, not to
exceed two hundred (200) gallons in any one (1)  year pursuant to a
license first obtained from the Alcoholic Beverage Laws Enforcement
Commission”.

The license mentioned can be obtained AT NO COST from :

ABLE Commission
2501 N. Stiles 
Oklahoma City, OK 73105-3193 
(405) 521-3484 
FAX (405) 521-6578

Such a license allows a person (who is not a convicted felon and is 21
years of age or older) to produce up to 200 gallons of cider and or wine
each year.  Beer CAN NOT be produced in the home legally in the State of
Oklahoma.  However, as noted above, if the alcohol content of a beverage
made from grain (except rice) by simple fermentation is below 3.2% by
weight, it’s not classified as a beer, and its production is not
prohibited.

So, in Oklahoma a licensed cider/wine maker can produce up to 200
gallons per year of cider or wine by simple fermentation if the
cider/wine is made solely for the use of the maker, his  family and
guests.


What about Mead?
As noted in section 37-506.39:

39.  "Wine" means and includes any beverage containing more than
one-half of one percent (1/2 of 1%) alcohol by volume and not more than
twenty-four percent (24%) alcohol by volume at sixty (60) degrees
Fahrenheit obtained by the fermentation of the natural contents of
fruits, vegetables, honey, milk or other products containing sugar,
whether or not other ingredients are added, and includes vermouth and
sake, known as Japanese rice wine;

For those who are unaware, mead is made from honey.  So, in the State of
Oklahoma, mead is classified as a wine, and may be produced in the home
if a license if first obtained from the ABLE commission.

As I am primarily a mead maker, the prohibition on the home brewing of
beer is not a major concern to me.  For those of you who are beer makers
in Oklahoma, it is illegal.  However, the ABLE commission does not
appear to be enforcing this prohibition.


Teaching
One incident which occurred recently in the North had to do with the
teaching of classes.  The autocrats of an upcoming event decided that a
mead making class could not be held at their event, since making mead in
the home was illegal.  Well, as shown above, the making of mead is legal
if you have a license from the state.  The teaching of how to make mead
is not even mentioned in the laws of the State of Oklahoma, and is not
illegal.

As discussed, making beer with 3.2% or more alcohol is illegal to the
home brewer.  However, the teaching of a class on the subject of beer
making is not.  Teaching how to make beer is not even mentioned in the
laws of the State of Oklahoma, and is not illegal.


Texas

§ 109.21. Home Production of Wine, Ale, Malt Liquor, or Beer 

(a) The head of a family or an unmarried adult may produce for the use
of his family or himself not more than 200 gallons of wine, ale, malt
liquor, or beer, per year. No license or permit is required. 

(b) The commission may prohibit the use of any ingredient it finds
detrimental to health or susceptible of use to evade this code. Only
wine made from the normal alcoholic fermentation of the juices of
dandelions or grapes, raisins, or other fruits may be produced under
this section. Only ale, malt liquor, or beer made from the normal
alcoholic fermentation of malted barley with hops, or their products,
and with or without other malted or unmalted cereals, may be produced
under this section. The possession of wine, ale, malt liquor, or beer
produced under this section is not an offense if the person making it
complies with all provisions of this section and the wine, ale, malt
liquor, or beer is not distilled, fortified, or otherwise altered to
increase its alcohol content. 

(c) There is no annual state fee for beverages produced in compliance
with this section. 


Discussion:

No license or fee is required to produce up to 200 gallons of wine, ale,
malt liquor, or beer per year.

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I hope this clears up any misconceptions as to what the laws are that
affect the homebrewer/vintner/mazer in the Society who lives in
Ansteorra.

Lord Barat FitzWalter Reynolds
M.K.A. Stephen
1908 Shelby Ct.
Norman, OK 73071
(405) 364-7448