Brewing/Vintning in Ansteorra

[Pug Bainter]

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

I know I hashed through this not too long ago with Texas laws since they
directly effect me. I will read the Oklahoma laws to see if I have further
comment on them.

> 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. 

Note that there is a small problem with this. The head of the family can
do it. This means only one of the people in a household can. As well, it
can only be a "him". (Technically.)

Also note that it is "for the use of his family or himself", this can be
read lots of ways, including that you can't give it away to guests or as
gifts. Other states have written it as "household use" or other methods
instead of this wording.

> (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.

Mead is not covered unter TABC guidelines and I am contacting them about
that, as well as some other points. The last I checked honey wasn't a
fruit. (Although I could be wrong. *grin*)

> 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.

Unfortunately you left out some points on the Texas laws.

There is additional statutory material you should read

----
109.22. Delivery of Home-Produced Wine, Ale, Malt Liquor, or Beer for
Certain Purposes

  (a) This section applies only to a person who is authorized under
  Section 109.21(a) to produce wine, ale, malt liquor, or beer.

  (b) For the purpose of participating in an organized tasting,
  evaluation, competition, or literary review, a person to whom this
  section applies may deliver wine, ale, malt liquor, or beer produced
  and manufactured by the person to locations that are not licensed
  under this code for the purpose of submitting those products to an
  evaluation at an organized tasting competition that is closed to the
  general public or by a reviewer whose reviews are published if:

    (1) no charge of any kind is made for the wine, ale, malt liquor,
    or beer, for its delivery, or for attendance at the event; and

    (2) the commission consents in writing to the delivery. 

  (c) Nothing in this section shall be construed to authorize an increase
  in the quantity of wine, ale, malt liquor, or beer authorized to
  be produced by a person under the authority of Section 109.21(a)
  of this code.
----

By the letter of the law (and not the standard enforcement of it),
one is not allowed to transport their homebrew except for as laid out
in section a and b. Note that we have a bit of legal issue with both
subsections of part b. First of all, I don't know of anyone in Texas
who gets permission from TABC for having alcohol evaluation at events,
as well as we charge for admitence to our events.

This doesn't even address the issues of being closed to the public,
published reviews or just taking drinks to give them away.

As well, the Oklahoma laws have one of the problems that the Texas laws do.
That being that you can't transport it if you have not paid the excise
tax. You are not prevented from making wine/cider, but it doesn't say you
have the right to transport it without the tax. As well, I'd like to
know what Section 163.2 says about "low-point beer" before recommending
people to make beer below 3.2%.

Note that you can find information on all of the state's laws at:

http://www.aob.org/ahaframeset.htm

Unfortunately they are not complete and sometimes outdated.

I have already planned on contacting the TABC about several points of
the law.

In Service,

-- 
Phelim "Pug" Gervase  | "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?"