SC - Fw: Re: Distilling
Christine A Seelye-King
mermayde at juno.com
Thu Apr 22 08:53:04 PDT 1999
- --------- 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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