SC - The Rheinheitsgebot

[MAGGIE SECARA]

- --------- Forwarded message ----------
From: "dallas fox" <deadtongue at hotmail.com>
To: mermayde at juno.com
Date: Thu, 22 Apr 1999 06:45:31 PDT
Subject: Re: Distilling
Message-ID: <19990422134532.4515.qmail at hotmail.com>

>OK, I opened up my mouth and spewed forth a fact I got from you, so 
can you back it up?
>	Christy
>> There are similar amounts up to which it is legal for a homebrewer 
to make for personal consumption, which in most cases even active SCA
brewers don't exceed.  I don't know the amounts, but remember thinking
that it would cover anything I ever wanted to do nicely.  
Christianna
>
>This comes up occasionally. You can brew or vint up to 200 gallons 
last I heard. So far as I know distilling is a no no without some 
kind of permit, and their scarce since the Reagan administration 
dropped the alternative fuel research.

>I always ask this question when somebody says what you just sent. 
Please give me a written source that says officially I can distill, 
>even a small amount. I'd love it. Do you have such a source? 

Damon responds:

OK, here is what I have come up with:
The Federal Government is not involved if no state lines are 
involved.  If you are not producing it commerically, and are not 
selling it, and are not taking it across state lines, you are dealing 
only with your state. 
You may be able to distill alcohol for your personal use.  This 
varies from state to state.  In most states, the penalty is for 
UNTAXED alcohol, not home made.  Even if home distillation is not 
allowed, you can make a really strong case with records and tax 
stamps, which you can buy from the state.

This is what Georgia has to say about it:
3-2-34 G*** CODE SECTION ***  12/31/98      3-2-34.    
  (a) All alcoholic beverages upon which no taxes have been paid to
  this state or any other state and which are not specifically exempt
  from the taxes imposed by law shall be destroyed by the peace
  officer or agent of the commissioner seizing the beverages, except
  that a small quantity of the illicit alcoholic beverage may be
  retained for purposes of evidence in the proper court; and then the
  illicit alcoholic beverage shall be destroyed immediately.    
  (b) All contraband alcoholic beverages upon which the taxes have
  been paid either to this state or to any other state shall be either
  destroyed or sold at public sale as provided by law.

As for how much taxes, I got this:
3-4-60 G*** CODE SECTION ***  12/31/98      3-4-60.    
  The following state taxes are levied and imposed:    
    (1) There shall be imposed upon the first sale, use, or final
    delivery within this state of all distilled spirits an excise tax
    in the amount of 50¢ per liter and, upon the first sale, use, or
    final delivery within this state of all alcohol, an excise tax in
    the amount of 70¢ per liter, and a proportionate tax at the same
    rate on all fractional parts of a liter;    
    (2) There shall be imposed upon the importation for use,
    consumption, or final delivery into this state of all distilled
    spirits an import tax in the amount of 50¢ per liter and, upon the
    importation for use, consumption, or final delivery into this
    state of all alcohol, an import tax in the amount of 70¢ per
    liter, and a proportionate tax at the same rate on all fractional
    parts of a liter; and    
    (3) All alcohol spirits manufactured within this state for sale
    within this state shall be made from Georgia grown products.

I think a case can be made from these 2 statutes that Georgia would 
not be really upset if you were making a small quantity, and had taxz 
stamps for it.  The prices are not high, and it should keep you out 
of jail with no fines, even if they confiscate the product.

I am still looking, and have sent an e-mail to a legal group asking 
for an opinion.  I will let you know what else I find.

Damon Fox, called DeadTongue



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