Note: This is not a legal document; this is the most recent copy of the law that I could find. It is not to be used for any more then information purposes nor should it be used for legal advice.
New Mexico Homebrewing Law!
Statute
New Mexico statute, Chapter 60, Article 3-A, § 60-7A-5 provides that it shall be unlawful for any person to manufacture for the purpose of sale, possess for the purpose of sale, offer for sale or sell any alcoholic beverages in the state except under the terms and conditions of the Liquor Control Act. However, § 60-3A-5(C)(2) states that nothing in the Liquor Control Act applies to ethyl alcohol intended for use by those authorized to procure the same tax free, as provided by the acts of congress.
Section 60-3A-3(B) defines beer as any alcoholic beverage obtained by the fermentation of any infusion or decoction of barley, malt and hops or other cereals in water, and includes porter, beer, ale and stout.
Interesting side note to New Mexico law.
While New Mexico law does not address the home production of beer, such home production may be within the scope of New Mexico law.
The legislative intent of § 60-7A-5 is to only regulate the manufacture of alcoholic beverages produced for sale. Since home produced beer in not intended to be sold, home produced beer may not be in violation of the liquor control act. § 60-3A-5 provides exceptions to the New Mexico liquor control act.
Section 60-3A-5(C)(2) says nothing in the liquor control act applies to ethyl alcohol intended for use by those authorized to procure the same tax free, as provided by the acts of congress. If home produced beer can be defined as ethyl alcohol, it would not be in violation of the liquor control act. Individuals are authorized to procure home produced beer free from tax as provided by an act of congress. In a related case law "Beer" is classified as any alcoholic beverage obtained by fermentation. State v. Spahr, 64 N.M. 395, 328 P.2d 1093 (1958).
This is a breakdown of the Colorado State Homebrewewing statutes:
Colorado statute § 12-47-142 permits a head of a family to produce for family use and not for sale such amounts of malt liquor as is exempt from federal excise tax on such liquor.
Colorado statute §12-47-142 allows home production of beer. It allows for the making of beer in the home as per federal statute (Title 26, Chapter 51, Subchapter A, Part I, Subpart D, §5053). Paragraph (d) authorizes the delivery and consumption of home brewed beer in competitions, exhibitions, tastings, judgings, etc.
Applicable Statutory Material
§ 12-47-103. Definitions
As used in this article, unless the context otherwise requires:
(1.5) "Alcoholic beverages" or "alcoholic liquors" means malt, vinous, or spirituous liquors; except that "alcoholic beverages" and "alcoholic liquors" shall not include confectionery containing alcohol within the limits prescribed by section 25-5-410(1)(i)(II), C.R.S.
(11) "Malt liquors" includes beer and shall be construed to mean any beverage obtained by the alcoholic fermentation of any infusion or decoction of barley, malt, hops, or any other similar product, or any combination thereof, in water containing more than three and two-tenths percent of alcohol by weight.
§ 12-47-142. Exemptions
(1) The provisions of this article shall not apply to the sale or distribution of sacramental wines sold and used for religious purposes.
(2)(a) Any provision of this article to the contrary notwithstanding, when permitted by federal law and rules and regulations promulgated pursuant thereto, a head of a family may produce for family use and not for sale such amount of malt or vinous liquor as is exempt from the federal excise tax on such liquors when produced by a head of a family for family use and not for sale.
(b) The production of malt or vinous liquors under the circumstances set forth in this subsection (2) shall be in strict conformity with federal law and rules and regulations issued pursuant thereto.
(c) Malt or vinous liquors produced pursuant to the provisions of this subsection (2) shall be exempt from any tax imposed by this article, and the producer shall not be required to obtain any license provided by this article.
(d) Malt liquors produced pursuant to this subsection (2) may be transported and delivered by the producer to any licensed premise where consumption by persons over the age of twenty-one is authorized for use at organized affairs, exhibitions, or competitions, such as home brew contests, tastings, or judgings. Consumption shall be limited solely to the participants in and judges of such events. Malt liquors used for the purposes described in this paragraph (d) shall be served in portions not exceeding six ounces and shall not be sold, offered for sale, or made available for consumption by the general public.
ARIZONA
ARIZONA
Statute
Arizona Title 4, Chapter 1, Article 1, § 4-101(2) defines beer as any beverage obtained by the alcoholic fermentation, infusion or decoction of barley malt, hops, or other ingredients not drinkable, or any combination of them. In addition subpart (30) provides that "Spirituous liquor" includes alcohol, brandy, whiskey, rum, tequila, mescal, gin, wine, porter, ale or BEER, any malt liquor, malt beverage, absinthe or compound or mixture of any of them, or of any of them with any vegetable or other substance, alcohol bitters, bitters containing alcohol, and any liquid mixture or preparation, whether patented or otherwise, which produces intoxication, fruits preserved in ardent spirits, and beverages containing more than one-half of one per cent of alcohol by volume.
Summary
Section 4-226(b) provides an exception for those authorized to procure spirituous liquor or ethyl alcohol tax-free, as provided by the acts of Congress. This subsection allows the home manufacture of beer for personal use as provided for by federal statute.
About stilling
Section 4-221 mandates stills used for the distillation production of spirits and alcohol is to be registered with the state Alcohol Beverage Control director.
UTAH
UTAH
About The New Law
In 2009, the Utah legislature passed House Bill 51, creating an exception to the licensing of alcohol beverage manufacturers requirements, allowing for home manufacture of beer and wine. Amounts allowable for home production without a license reflect the limits in federal law. The exception for home beer and wine production also allows for the removal of homemade beer and wine for personal use as well as use in organized events such as competitions, though the bill sets specific limits on the amount of homemade beer and wine that can be removed from the home.
The Statute
32B-11-202. Exemption for manufacture in personal residence of fermented beverage.
(1) As used in this section, "fermented alcoholic beverage" means:
(a) beer;
(b) heavy beer; or
(c) wine.
(2) An individual may without being licensed under this chapter manufacture in the individual's personal residence a fermented alcoholic beverage if:
(a) the individual is 21 years of age or older;
(b) the individual manufactures no more than:
(i) 100 gallons in a calendar year, if there is one individual that is 21 years of age or older residing in the household; or
(ii) 200 gallons in a calendar year, if there are two or more individuals who are 21 years of age or older residing in the household;
(c) the fermented alcoholic beverage is manufactured and used for personal or family use and consumption, including use at an organized event where fermented alcoholic beverages are judged as to taste and quality; and
(d) the fermented alcoholic beverage is not for:
(i) sale or offering for sale; or
(ii) consumption on a licensed premise.
(3) An individual may store a fermented alcoholic beverage manufactured as provided in Subsection (2) in the individual's personal residence.
(4) A fermented alcoholic beverage manufactured in accordance with Subsection (2) may be removed from the premises where it is manufactured:
(a) for personal or family use, including use at an organized event where fermented alcoholic beverages are judged as to taste and quality;
(b) if the fermented alcoholic beverage is transported in compliance with Section 41-6a-526; and
(c) if the fermented alcoholic beverage is removed only in the following quantities:
(i) for personal and family use that is unrelated to an organized event where fermented alcoholic beverages are judged as to taste and quality, the quantity that may be possessed at one time is:
(A) one liter of wine for each individual who is 21 years of age or older residing in the household;
(B) 72 ounces of heavy beer for each individual who is 21 years of age or older residing in the household; or
(C) 72 ounces of beer for each individual who is 21 years of age or older residing in the household; and
(ii) for on-premise consumption at an organized event where fermented alcoholic beverages are judged as to taste and quality, the quantity that may be removed for each organized event is:
(A) one liter of wine for each wine category in which the individual enters, except that the individual may not remove wine for more than three categories for the same organized event;
(B) 72 ounces of heavy beer for each heavy beer category in which the individual enters, except that the individual may not remove heavy beer for more than three categories for the same organized event; or
(C) 72 ounces of beer for each beer category in which the individual enters, except that the individual may not remove beer for more than three categories for the same organized event.
(5) A partnership, corporation, or association may not manufacture a fermented alcoholic beverage under this section for personal or family use and consumption without obtaining a license under this chapter, except that an individual who operates a brewery under this chapter as an individual owner or in partnership with others, may remove beer from the brewery for personal or family use in the amounts described in Subsection (2)(b).
(a) beer;
(b) heavy beer; or
(c) wine.
(2) An individual may without being licensed under this chapter manufacture in the individual's personal residence a fermented alcoholic beverage if:
(a) the individual is 21 years of age or older;
(b) the individual manufactures no more than:
(i) 100 gallons in a calendar year, if there is one individual that is 21 years of age or older residing in the household; or
(ii) 200 gallons in a calendar year, if there are two or more individuals who are 21 years of age or older residing in the household;
(c) the fermented alcoholic beverage is manufactured and used for personal or family use and consumption, including use at an organized event where fermented alcoholic beverages are judged as to taste and quality; and
(d) the fermented alcoholic beverage is not for:
(i) sale or offering for sale; or
(ii) consumption on a licensed premise.
(3) An individual may store a fermented alcoholic beverage manufactured as provided in Subsection (2) in the individual's personal residence.
(4) A fermented alcoholic beverage manufactured in accordance with Subsection (2) may be removed from the premises where it is manufactured:
(a) for personal or family use, including use at an organized event where fermented alcoholic beverages are judged as to taste and quality;
(b) if the fermented alcoholic beverage is transported in compliance with Section 41-6a-526; and
(c) if the fermented alcoholic beverage is removed only in the following quantities:
(i) for personal and family use that is unrelated to an organized event where fermented alcoholic beverages are judged as to taste and quality, the quantity that may be possessed at one time is:
(A) one liter of wine for each individual who is 21 years of age or older residing in the household;
(B) 72 ounces of heavy beer for each individual who is 21 years of age or older residing in the household; or
(C) 72 ounces of beer for each individual who is 21 years of age or older residing in the household; and
(ii) for on-premise consumption at an organized event where fermented alcoholic beverages are judged as to taste and quality, the quantity that may be removed for each organized event is:
(A) one liter of wine for each wine category in which the individual enters, except that the individual may not remove wine for more than three categories for the same organized event;
(B) 72 ounces of heavy beer for each heavy beer category in which the individual enters, except that the individual may not remove heavy beer for more than three categories for the same organized event; or
(C) 72 ounces of beer for each beer category in which the individual enters, except that the individual may not remove beer for more than three categories for the same organized event.
(5) A partnership, corporation, or association may not manufacture a fermented alcoholic beverage under this section for personal or family use and consumption without obtaining a license under this chapter, except that an individual who operates a brewery under this chapter as an individual owner or in partnership with others, may remove beer from the brewery for personal or family use in the amounts described in Subsection (2)(b).
Note: The information presented here is to the best of our knowledge and should not be used as a substitute for legal advice specific to the laws of your state.
Colorado homebrew laws
ReplyDeleteUtah homebrewing laws
New Mexico homebrewing laws
Arizona home brew laws