[Sca-cooks] FWD: RE: Ice Distillation in Homes

[Jeff Gedney]

Good afternoon... 

I was under the impression that private distillation without license and taxes paid was definitively not allowed in any quantity in the United States.

I had thought that the removal of alcohol for beverage purposes from a frozen fermented beverage (produced under the personal use exemptions in 27CFR24.25 and 27CFR25.205) by any method, including freeze separation, was a federally prohibited activity without the necessary Distilled spirits plant licencing and taxes. 

27CFR19.11 defined distilled spirits as separated ethyl alcohol produced by "whatever method":

"Spirits or distilled spirits. That substance known as ethyl alcohol, ethanol, or spirits of wine in any form (including all dilutions and mixtures thereof, from whatever source or by whatever process produced) but not denatured spirits unless specifically stated. The term does not include mixtures of distilled spirits and wine, bottled at 48[deg] proof or less, if the mixture contains more than 50 percent wine on a proof gallon basis."

The following email, recieved by a associate of mine from Linda Franklin at the TTB, appears to directly contradict this understanding, stating that this activity is _not_ federally regulated.

Please clarify the Federal position on this activity...

What is "legal" with regard to this activity and what is not?

Jeff Gedney
Stratford, CT, USA



---------- Original Message ----------------------------------
From: Chris Stanifer <jugglethis at yahoo.com>
Date:  Tue, 21 Dec 2004 10:33:37 -0800 (PST)


Well, folks.... here is the definitive answer from the Federal Government regarding the legality
of distillation of alcoholic beverages via an ice cube tray...  turns out it is up to the
individual state.

William de Grandfort


--- "Franklin, Linda M." <Linda.Franklin at ttb.gov> wrote:

> Subject: RE: Ice Distillation in Homes
> Date: Tue, 21 Dec 2004 09:45:52 -0500
> From: "Franklin, Linda M." <Linda.Franklin at ttb.gov>
> To: <jugglethis at yahoo.com>
> 
> Your inquiry has been referred to our agency from the Bureau of Alcohol, Tobacco and Firearms
> (ATF). ATF no longer regulate the alcohol and tobacco industries. 
> 
> This is not a Federal law. You may want to contact the State where you reside to see if they
> have any regulations against this. 
> 
> 
>  -----Original Message-----
> From: 	Resnick, Arthur H.  
> Sent:	Tuesday, December 21, 2004 9:27 AM
> To:	TTB Questions
> Subject:	FW: Ice Distillation in Homes
> 
> 
> 
> 
> -----Original Message-----
> From: Chris Stanifer [mailto:jugglethis at yahoo.com]
> Sent: Wednesday, December 15, 2004 3:21 PM
> To: Webmaster
> Subject: Ice Distillation in Homes
> 
> 
> 
> I am hoping you can resolve these questions for me, so that I do not end up violating any state
> or
> federal regulations.
> 
> 
> 
> 1)  When Mead or Wine is frozen in an ice tray in my home freezer for personal use in iced tea
> or
> as a sorbet, a small amount of alcohol naturally seperates from the liquid.  This is a natural
> reaction.  I have heard that I can be arrested, prosecuted, fined and imprisoned for up to 5
> years
> if BATF agents find this in my home.  Is this true?
> 
> 2)  If I were freezing the mead or wine with the intent of using the naturally ice-distilled
> alcohol for personal culinary or beverage purposes, am I in violation of any applicable laws,
> and
> would I face prosecution?
> 
> 3)  If the answer to either of those two questions is 'yes', does the BATF actively investigate
> and prosecute these cases, or is it assumed that the amount of alcohol distilled in this manner
> is
> so minute as to be considered a non-issue?
> 
> Thank you for your time.
> 
> Chris Stanifer
> Bakersfield, CA
> 
> =====
> Through teeth of sharks, the Autumn barks.....and Winter squarely bites me.
> 
> 
> 		
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=====
Through teeth of sharks, the Autumn barks.....and Winter squarely bites me.


		
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