# Winery Laws



## TxBrew (Feb 28, 2012)

For those who have opened or plan to open a winery, before you did anything did you obtain the permits or did you lease/buy the space and then go down that path?


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## grapeman (Feb 28, 2012)

This depends on the location and circumstances, every state and locale is slightly different. The common thing is the TTB Basic Permit. You will need that no questions asked. Download their packet and try to fill it out one of the first things. However, be sure the locality will permit a winery first. It does no good to get the TTB permit if you're in a dry town- and it happens a lot. If you don't own the land yet and a winery isn't allowed, change locations to one where it is allowed. Then once you have a local OK, go the TTB route. Once that is in you can apply to your state. Some states are easy and some are harder.

There are different classes of wineries and you would probably do well to begin with a Farm Winery classification. Bonding requirements are lower, as are permit fees. There is a limit of under 150,000 gallons per year. Chances are you will be under that. The downside is you may be limited as to the source of your grapes or juice. For instance in NY, we can only use grapes grown in NY. I can buy grapes from 500 miles away near Buffalo, but can't use grapes grown 30 miles away in Vermont.


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## Wade E (Feb 28, 2012)

Thats very interesting about the grapes Rich. I know there is a local winery here in Ct. that git busted as theye are allowed to use a certain % of grapes from somewhere else and they got nailed using way over that in Caliu grapes! The funny thing is their wi ne still sukked!


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## wvbrewer (Mar 7, 2012)

I would guess that is a law they passed to help support the local economy. Which is not really too bad a thing.


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## Midwest Vintner (Mar 7, 2012)

Grapeman is right. Don't forget zoning. That can be an issue. With our bonded winery, we can get fruit from anywhere, but we pay more for the license as indicated.


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## ldmack3 (Sep 14, 2012)

In Texas you can use wine from anywhere unless you are in a dry area. Then you must a certain %, I think 85% of grapes grown in Texas
Hummm. Texas grapes?
Is that like Lone Star Beer?


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## hvac36 (Jan 27, 2013)

Going to bring this thread back to life.
Grapeman you said something about a Dry Town, well I live in a Dry town and under Prohidition Law you can open a Winery. The Law does not apply, as here is PA I can open a winery with no issue as it only applies to Malts and Grains not to Fermenting. Yes I have checked with PLCB and my township have the green light to go ahead with plans down the road. So before you give up on an area based on Dry Town check out the law in your area first..


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## grapeman (Jan 27, 2013)

Checking with the local authorities is always a good place to start, because if you don't have their blessing you won't get far.


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## hvac36 (Jan 27, 2013)

Always check with local and state..


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## grapeman (Jan 27, 2013)

hvac36 said:


> Always check with local and state..


 Don't forget the TTB (Federal).


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## Gowers Choice (Jan 27, 2013)

I've thought of trying to open a place where people could make their own wine. I would supply the fruit, equipment, bottles etc., and then hold classes that would walk people through the steps of making their own homemade wine. In the end, they would bottle a batch of wine they made themselves.

What laws and permits would be involved being that I wouldn't be actually selling wine, just providing the space and equipment for people to make their own batch?


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## novalou (Jan 27, 2013)

Gowers Choice said:


> I've thought of trying to open a place where people could make their own wine. I would supply the fruit, equipment, bottles etc., and then hold classes that would walk people through the steps of making their own homemade wine. In the end, they would bottle a batch of wine they made themselves.
> 
> What laws and permits would be involved being that I wouldn't be actually selling wine, just providing the space and equipment for people to make their own batch?



There are several places that do this in Ohio, so check your local laws, see if its allowed.


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## Gowers Choice (Jan 27, 2013)

Thanks, would you know the name of a place like that, that has a web sight? I'd love to ask them some questions.


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## rezod11 (Jan 27, 2013)

http://yourwinecellar.net/

Here's one near my house.


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## novalou (Jan 27, 2013)

Gowers Choice said:


> Thanks, would you know the name of a place like that, that has a web sight? I'd love to ask them some questions.



Grape and Granary www.grapeandgranary.com
This place is interesting. They run a winery, brew on site, and a supply store for home brewers.

Wine Celler www.yourwineceller.net They also have a sister company where you can brew your own beer there. Brew Kettle


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## yorksherz (Apr 18, 2013)

An old Englishman walks into a bar and asks for a bottle of 38 year old wine from Leonne, France. The bartender not wanting to go to the cellar gave the Englishman the closest bottle of wine he has. The Englishman tasted it and said 'This wine is only 2 years old and is from Santiago de Chile. 'The bartender was amazed, but at the same time curios, so he gave him another bottle. The Englishman goes 'This wine is 17 years old and is from San Diego, California.' The bartender was so amazed that he gave him another bottle. The Englishman tasted it and said 'This wine is 30 years old and is from Lima, Peru. 'Finally the bartender goes to the cellar and got the right bottle and gave it to the Englishman. The Englishman said: 'Finally, a 38 year old wine from Leonne, France.' An old drunk that had been watching goes up to the Englishman and said 'Could you please tell me what kind of drink is this' and hands him a cup. The old Englishman tasted and said 'What the **** this is piss.' And the drunk replied 'Yeah I know but could you please tell me from where because I'm so drunk that I don't remember where I live.'


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## srcorndog (Jan 1, 2014)

Question any one out their that has a license to become a farm winery? I live in Georgia any I have just started reading and studying the laws. I don't want to build a winery but I have a partner who has a winery he makes I sell. I'm an Ag man I like growing and tasting which I will build a tasting room at my farm. First harvest this year but I need to sell my wine to continue in business.
Any help?


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## galen1 (Jan 3, 2014)

Confused about "your wine". If you don't have a winery how do you have any wine? I'm thinking you would only need a liqueur license to pour.


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## srcorndog (Jan 4, 2014)

I have a partner that has winery he get a percent of our finished product. We have a year before we will bottle all wine is in barrels aging. Some we have in flex tanks none ready to drink.


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## asterof (Jan 10, 2014)

*Gonna start to ask a few questions*

At this point I am way down the road.
However my plan is to develop a good wine to donate to charity
and to sell to local distributors. I plan to buy grapes as Napa Valley is
in driving distance from me. I contacted the ABC local guy and he told me

QUOTE
23356.2. (a) No license or permit shall be required for the
manufacture of beer or wine for personal or family use, and not for
sale, by a person over 21 years of age. The aggregate amount of beer
or wine with respect to any household shall not exceed (1) 200
gallons per calendar year if there are two or more adults in the
household or (2) 100 gallons per calendar year if there is only one
adult in the household.
UNQUOTE

So I know I can produce 200 gallons a year to give away and donate
But when I start producing to sell I think I need a TYPE 2 
License.
I think this is the License I need

QUOTE
02
WINEGROWER
-
(Winery) The following pertains to new winegrowers' licenses issued after September 17, 1965. A winegrower must have facilities and equipment for the conversion of fruit into wine and engage in the production of wine (Section 23013). Federal Alcohol and Tobacco Tax and Trade Bureau
(TTB) regulations permit a winegrower to use the facilities and equipment of another winegrower to produce wine. This is commonly referred to as an "alternating proprietorship." Separate winegrower licenses are issued to each legal entity manufacturing wine under its own bonded winery permit. Wine must be made from the fermentation of agricultural products to which may be added brandy that is distilled from the same agricultural product from which the wine is made. Thus, neutral grain or other distilled spirits
cannot be used to fortify wine – only brandy of a specific type. No more than 15% added flavoring or blending material may be added. (Section 23007).
UNQUOTE

So is this correct or am I confused
Thanks


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## GreginND (Jan 10, 2014)

NO, you cannot make wine without a license and donate it to charity. That is highly illegal. The allowances for home winemaking of 100 gal (200 gal per household of 2 or more) is for personal consumption. Of course giving away some wine to friends and family is ok. But the wine cannot be given away as a value item. That is, a charity cannot make money on it and you can get in big trouble for giving wine to a charity that has not had taxes paid through a commercial license.


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## asterof (Jan 10, 2014)

I was going by this email, so now I am confused

Dear Mr. Dahlman,


I have included the full text of Section 23356.2 of the ABC Act dealing with the home manufacture of beer and wine. The statute reads as follows:

--------------------------------------------------------------------------------

23356.2. (a) No license or permit shall be required for the
manufacture of beer or wine for personal or family use, and not for
sale, by a person over 21 years of age. The aggregate amount of beer
or wine with respect to any household shall not exceed (1) 200
gallons per calendar year if there are two or more adults in the
household or (2) 100 gallons per calendar year if there is only one
adult in the household.

(b) Beer or wine produced pursuant to this section may be removed
from the premises where made only under any of the following
circumstances:

(1) For use, including tasting by judges, in a bona fide
competition or exhibition.
(2) For personal or family use.
(3) When donated to a nonprofit organization for use as provided
in subdivision (c).
(c) (1) Beer or wine produced pursuant to this section may be
donated to a nonprofit organization for sale at fundraising events
conducted solely by and for the benefit of the nonprofit
organization. Beer and wine donated pursuant to this subdivision may
be sold by the nonprofit organization only for consumption on the
premises of the fundraising event, under a license issued by the
department to the nonprofit organization pursuant to this division.
(2) Beer or wine donated and sold pursuant to this subdivision
shall bear a label identifying its producer and stating that the beer
or wine is homemade and not available for sale or for consumption
off the licensed premises. The beer or wine is not required to comply
with other labeling requirements under this division. However,
nothing in this paragraph authorizes the use of any false or
misleading information on a beer or wine label.
(3) A nonprofit organization established for the purpose of
promoting home production of beer or wine, or whose membership is
composed primarily of home brewers or home winemakers, shall not be
eligible to sell beer or wine pursuant to this subdivision.
(d) Except as provided in subdivision (c), this section does not
authorize the sale or offering for sale by any person of any beer or
wine produced pursuant to this section.
(e) Except as provided herein, nothing in this section authorizes
any activity in violation of Section 23300, 23355, or 23399.1.


--------------------------------------------------------------------------------

The wine can be for family use or personal use or donated to non-profit organizations under specified conditions but the law does not specifically permit a home winemaker to give away bottles of wine to friends.
Sincerely,

David K. Wright
Trade Enforcement Unit
[email protected]


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## Scott (Jan 10, 2014)

"Beer and wine donated pursuant to this subdivision may
be sold by the nonprofit organization only for consumption on the
premises of the fundraising event, under a license issued by the
department to the nonprofit organization"

Looks like you can dontate it but it has to be comsumed at the event and the group has a license. If I am reading it correctly.


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## GaDawg (Jan 10, 2014)

Any help?
*************
You need to talk to Doug Mabry, he is the CEO of the Vineyard and Winery Association of West Georgia.
http://vinewinewga.com/index.html


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## GreginND (Jan 10, 2014)

asterof said:


> I have included the full text of Section 23356.2 of the ABC Act dealing with the home manufacture of beer and wine. The statute reads as follows:



Oh, that is very interesting. I have never seen any language to that effect. This must be only in California? I'm wondering how the feds view this. I have known folks who have gotten into big trouble for donating homemade wine to a charity. It almost cost them their ability to eventually get a commercial license.


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## GreginND (Jan 10, 2014)

Apparently this is a brand new law that just took effect on Jan 1.

http://napavalleyregister.com/lifestyles/food-and-cooking/wine/governor-signs-bill-to-allow-homemade-wine-and-beer-charity/article_95e84a10-2c6b-11e3-93d5-001a4bcf887a.html


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## asterof (Jan 10, 2014)

*Hmm Interesting*

Maybe i stumbled onto something that is good news for us in California.
I am keeping all the emails between David K. Wright and my self.
He is currently looking into what I need on a state and fed level
to eventually arrive at where I want to be.
However I will pursue other avenues just to be sure, but seems David 
is well versed on CA.GOV ABC rules.
We have a lot of churches close at hand that do non profit work
and they have gathering that would be a good venue to get the word out.
Seems odd I can give it to charity but not to friends.
Good friend in an Los Angeles SWAT who happens to live next door
She has a lot of wine drinkers and they do a lot of socials.
Should be a good venue also.
Freaks me out when she steps outside with her SWAT gear on LOL


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## GreginND (Jan 10, 2014)

I consider gifting a bottle to friends as personal use.


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## sour_grapes (Jan 10, 2014)

GreginND said:


> I consider gifting a bottle to friends as personal use.



Hey, buddy! How ya doin', old pal? You are looking good lately, have you lost weight? Hey, I am going to the store, you need anything while I am out?


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## mike8479 (Feb 18, 2014)

All of this has me thinking about nc laws now....I do know it has never been legal to sell it with out proper paper work but gifting I have never heard of it being a problem besides being able to make 250 gallons legally is far more than I could drink in a year. 


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## GreginND (Feb 18, 2014)

Federal laws limit production to 100 gallons for an individual or 200 gallons for a household with 2 or more adults of age.


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## srcorndog (Feb 19, 2014)

*winery license in georgia*

We grow grapes to drink and to sell a few bottles to cover cost of farming in Georgia you have to have Fed and state and local license to sell at home or in a store.
A farm winery license is all that is needed if you grow and have a winery to produce your slick bottles ( no label).
charlie


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## mike8479 (Feb 23, 2014)

Farm license is that a state by state thing or federal?


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## GreginND (Feb 24, 2014)

Yes, each state is different. Some have relatively straightforward farm or domestic small winery laws. Others are more onerous. You need a federal license regardless if the state laws. You also may need pretty strict local licensing to serve and sell alcohol, especially if you are in a city or town limits. 


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