Halloween (was Re: SC - Hello out there.)

Thu Apr 22 06:37:14 PDT 1999

You will notice in the excerpt below, that the phrase "produces distilled spirits by distillation or any other process from any mash, wort, wash, or other material" is used to denote an offense.

If a person anywhere in the United States produces any alchohol by any form of separation, such as freezing, steam disltilling, or chemical "cracking", they commit an offense.  

Period. 
There is no language allowing any exceptions.

>From the BATF website FAQs:

You cannot produce spirits for beverage purposes without paying taxes and without prior approval of paperwork to operate a distilled spirits plant. [See 26 U.S.C. 5601 & 5602 for some of the criminal penalties.] There are numerous requirements that must be met that make it impractical to produce spirits for personal or beverage use. Some of these requirements are paying special tax, filing an extensive application, filing a bond, providing adequate equipment to measure spirits, providing suitable tanks and pipelines, providing a separate building (other than a dwelling) and maintaining detailed records, and filing reports. All of these requirements are listed in 27 CFR Part 19. 
Spirits may be produced for nonbeverage purposes for fuel use only without payment of tax, but you also must file an application, receive ATF's approval, and follow requirements, such as construction, use, records and reports. 

Furthermore, such an act will violate at the very least all the following offensive definitions (at $70,000 and/or 35 years):
26 U.S.C. 5601 States:

(a) Offenses 
Any person who - 

(1) Unregistered stills 
has in his possession or custody, or under his control, any still or distilling apparatus set up which is not registered, as required by section 5179(a); or 

(2) Failure to file application  engages in the business of a distiller or processor without having filed application for and received notice of registration, as required by section 5171(c); or 

(6) Distilling on prohibited premises 
uses, or possesses with intent to use, any still, boiler, or other utensil for the purpose of producing distilled spirits, or aids or assists therein, or causes or procures the same to be done, in any dwelling house, or in any shed, yard, or inclosure connected with such dwelling house (except as authorized under section 5178(a)(1)(C)), or on board any vessel or boat, or on any premises where beer or wine is made or produced, or where liquors of any description are retailed, or on premises where any other business is carried on (except when authorized under section 5178(b)); or 

(7) Unlawful production, removal, or use of material fit for production of distilled spirits except as otherwise provided in this chapter, makes or ferments mash, wort, or wash, fit for distillation or for the production of distilled spirits, in any building or on any premises other than the designated premises of a distilled spirits plant lawfully qualified to produce distilled spirits, or removes, without authorization by the Secretary, any mash, wort, or wash, so made or fermented, from the designated premises of such lawfully qualified plant before being distilled; or 

(8) Unlawful production of distilled spirits 
not being a distiller authorized by law to produce distilled spirits, produces distilled spirits by distillation or any other process from any mash, wort, wash, or other material; or 

(10) Unlawful processing 
engages in or carries on the business of a processor - 
(A) with intent to defraud the United States of any tax on the distilled spirits processed by him; or 
(B) with intent to aid, abet, or assist any person or persons in defrauding the United States of the tax on any distilled spirits; or 

(12) Unlawful removal or concealment of distilled spirits 
removes, other than as authorized by law, any distilled spirits on which the tax has not been paid or determined, from the place of manufacture or storage, or from any instrument of transportation, or conceals spirits so removed; or 

(15) Unauthorized withdrawal, use, sale, or distribution of distilled spirits for fuel use Withdraws, 
[1] uses, sells, or otherwise disposes of distilled spirits produced under section 5181 (fuel Alchohol) for other than fuel use; 
(b) Presumptions 
Whenever on trial for violation of subsection (a)(4) the defendant is shown to have been at the site or place where, and at the time when, the business of a distiller or processor was so engaged in or carried on, such presence of the defendant shall be deemed sufficient evidence to authorize conviction, unless the defendant explains such presence to the satisfaction of the jury (or of the court when tried without jury). 

Footnotes
[1] So in original. Probably should not be capitalized. shall be fined not more than $10,000, or imprisoned not more than 5 years, or both, for each such offense. 

brandu (sorry folks I have been looking into this for a while)
(I am afraid of that phrase "tried without jury". 
The BATF can make life for you very bad for a very long time  
This is a Lion I choose not to beard)

>>> "Daniel Phelps" <phelpsd at gate.net> 04/21 8:12 PM >>>

Since this thread has come up I have a question.  Not being a chemist I am
not sure what it is called "Freeze Distillation?" mayhaps but I have been
lead to believe that one can use repeated freezing and draining to
concentrate alcohol from say fermented apple juice and thus make "Apple
Jack".  And thus by pass the steam distillation process.   Is true?  Is
legal?

Daniel Raoul

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