# Fortified wine



## CNMDesign (Jan 9, 2014)

Is it against the law to make fortified wine. If not, does anyone here make it, or have tried to make it.


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## vernsgal (Jan 9, 2014)

There's a thread here

http://www.winemakingtalk.com/forum/f45/any-experienced-port-makers-42453/


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## JohnT (Jan 9, 2014)

A lot of folks here make fortified wine and, no, it is not illegal provided the fortifier you use is purchased on the open market.


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## jamesngalveston (Jan 9, 2014)

It is and it isnt.....in the US its fine, unless it goes over 22 percent.


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## Thig (Jan 9, 2014)

jamesngalveston said:


> It is and it isnt.....in the US its fine, unless it goes over 22 percent.



James I don't get this. Your telling me, for example, if I mix Everclear in my wine and the abv goes over 22% it is illegal?


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## jamesngalveston (Jan 9, 2014)

yea...read tabc for texas, fortified wine is ok, unless it goes over 22 percent...


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## jamesngalveston (Jan 9, 2014)

different states have different precentages...
i think North Carolina is 16 percent.Not sure bout the others, its best to check the state laws.


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## Runningwolf (Jan 9, 2014)

James I have to question this. Are you telling me they don't sell port in these states? Are you saying if I make a wine and I add vodka to it, that makes it illegal? Can you copy and paste the paragraph and where you read it.


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## vacuumpumpman (Jan 9, 2014)

JohnT said:


> A lot of folks here make fortified wine and, no, it is not illegal provided the fortifier you use is purchased on the open market.



I believe this is correct answer - You are allowed to make whatever the yeast will produce - legally ( which we all know that they can not reach above 22 %)
any part of distillation including freezing is also illegal. So purchasing a higher content of alcohol and adding it to your homemade wine - there should be no question that it is legal.

The only time it might be illegal if you try and sell it of course !!


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## jamesngalveston (Jan 9, 2014)

Runningwolf, i am talking about what you can make at home, as a home winemaker, not a commercial sales agent.
Each state is different.


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## Runningwolf (Jan 9, 2014)

vacuumpumpman said:


> I believe this is correct answer - You are allowed to make whatever the yeast will produce - legally ( which we all know that they can not reach above 22 %)
> any part of distillation including freezing is also illegal. So purchasing a higher content of alcohol and adding it to your homemade wine - there should be no question that it is legal.
> 
> The only time it might be illegal if you try and sell it of course !!





jamesngalveston said:


> Runningwolf, i am talking about what you can make at home, as a home winemaker, not a commercial sales agent.
> Each state is different.



I understand that but I know Steve is accurate. I also know some states have hokey pokey laws and that is why I am asking you to copy and paste on here for all to read and post the source. Federal Laws allow Two adults (same household ) to make 200 gallons but there are states that make the limit less. This is why I'm interested for the sake of the members here.


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## jamesngalveston (Jan 9, 2014)

jack kellars web site:
In the United States, there are severe restrictions against fortifying wines at home. I am not familiar with the revelvant laws of most states, but I do know that in Texas homemade wine may not be distilled, fortified, or otherwise altered to increase its alcohol content. Be aware of the laws in your state before making port wine. Thus, the laws of Texas only allow one kind of port winemaking, and that is through fermentation -- start to finish

I did not know that...


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## RegionRat (Jan 9, 2014)

I feel as a home wine maker I can blend any % of any store bought alcohol with anything I want and call it what ever. Example. If I take 4oz of Everclear and mix it with 1 oz wine, put it in a glass and call it Port so what. Did I break a law, I dont think so.

I think there laws that are in place for commercial wine makers and what they can legally call their finished produce. That's why Dairy Queen cant call the product they serve 'Ice Cream.' It doent have enough milk fat to fit the legal definition as ice cream.

http://www.winespectator.com/webfeature/show/id/49008

My 2cents

RR


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## jamesngalveston (Jan 9, 2014)

Thig..this is for texas:
State Law: Legal Amounts of Homemade Wine

Texas law regarding homemade wine amends federal law. The state of Texas permits 200 gallons or less in one calendar year for the head of household (married or single) who has attained the age of 21.

State Alcoholic Beverages Control Agency

Texas Alcoholic Beverage Commission
5806 Mesa Dr.
Austin, TX 78731
Phone: 512.206.3254
Fax: 512.206.3274

mailing address:
P.O. Box 13127
Austin, TX 78711

Statute Title & Description

Texas Alcohol Beverage Code

Title 1 Chapter 1 Section 1.04. Definitions

“Alcoholic beverage” means alcohol, or any beverage containing more than one-half of one percent of alcohol by volume, which is capable of use for beverage purposes, either alone or when diluted.

“Illicit beverage” means an alcoholic beverage:

(A) manufactured, distributed, bought, sold, bottled, rectified, blended, treated, fortified, mixed, processed, warehoused, stored, possessed, imported, or transported in violation of this code;
(B) on which a tax imposed by the laws of this state has not been paid and to which the tax stamp, if required, has not been affixed; or
(C) possessed, kept, stored, owned, or imported, with intent to manufacture, sell, distribute, bottle, rectify, blend, treat, fortify, mix, process, warehouse, store, or transport in violation of this code.


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## jamesngalveston (Jan 9, 2014)

go here for your state:
http://blog.americanwinegrape.com/index.php/category/wine-making-guide/homewinemaking/page/2/


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## Runningwolf (Jan 9, 2014)

James what the heck does that have to do with anything? It says nothing about blending wine and legally purchased spirits to make port. That is the point you brought up that everyone is debating and wants to see where it came from. You have not produced any such thing. I feel it's important for those effected to be able to read it for themselves.


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## Thig (Jan 9, 2014)

If that is true then nearly every cocktail made would be illegal.


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## JohnT (Jan 10, 2014)

jamesngalveston said:


> Runningwolf, i am talking about what you can make at home, as a home winemaker, not a commercial sales agent.
> Each state is different.


 

James, 

I think that you are safe to make port to any strength provided that you purchase your fortifier. You are fermenting wine legally, then simply adding legal hooch (that you did not manufacture) to it without the intent to sell it.

If what you say is true, it would be illegal for you to make a martini for yourself (vermouth being a fermented herb wine and gin a legal hooch).


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## cmason1957 (Jan 10, 2014)

I stumbled across this site today while looking at something else. 

http://abc.nc.gov/product/

It gives definitions (for North Carolina only) of various alcohol names. It specifically States that for commercial interests port may not be above 24% abv. Above that they consider it a spirituous liquor and probably tax it as well as license it differently.

I don't know it matters to home winemakers. I am not a lawyer, I am not offering legal advice. I don't even live in NC. One other thing another state law stated was the brandy had to be from like fruit, so forget that Evercleer.


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## richmke (Jan 11, 2014)

Seems like a lot of state laws are based off the federal law. I am guessing that the 100/200 gallon exemption is an easy line where, above that, it is not for personal use.

What I don't get is that all distilled spirits are federally taxed. Since it is not a safety issue (don't have to be licensed, just pay the tax), I don't see how they can regulate an individual for personal use. I could see if they claim a still is dangerous, but then they would have to license you, not just make you pay the tax.

Federal law on Distilled spirits:
http://www.ttb.gov/spirits/faq.shtml#s3


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## Deezil (Jan 11, 2014)

richmke said:


> What I don't get is that all distilled spirits are federally taxed. Since it is not a safety issue (don't have to be licensed, just pay the tax), I don't see how they can regulate an individual for personal use. I could see if they claim a still is dangerous, but then they would have to license you, not just make you pay the tax.
> 
> Federal law on Distilled spirits:
> http://www.ttb.gov/spirits/faq.shtml#s3



Distillation isn't something we allow to be discussed on this forum, because it is federally illegal for anyone to operate a still for the intent of making drinkable alcohol, without having the proper permits and other legal paperwork in order. With the server this forum is based on, inside the US - that 'potato' is 'too hot to touch'.


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## Thig (Jan 11, 2014)

cmason1957 said:


> I stumbled across this site today while looking at something else.
> 
> http://abc.nc.gov/product/another state law stated was the brandy had to be from like fruit, so forget that Evercleer.



I just used Everclear as an example to get a point across. I never use Everclear with wine to create a port style wine. 

Sent from my ADR6400L using Wine Making mobile app


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## jamesngalveston (Jan 11, 2014)

I have no idea what it means, I am calling texas tabc to find out...for myself.
But for texas home made wine, non commercial..it looks like we cant fortify...I thought we could to 22 percent...
I am going to call monday morning.


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## jamesngalveston (Jan 11, 2014)

Thig i had to do some digging but found the texas law...
section 109.21 TABC
Sec. 109.21. HOME PRODUCTION OF WI
NE, ALE, MALT LIQUOR, OR BEER.
(a) The
head of a family or an unmarried adult may produce for the use of his family or himself not more than
200 gallons of wine, ale, malt liquor, or beer,
per year. No license or permit is required.
(b) The commission may prohibit the use of any
ingredient it finds detrimental to health or
susceptible of use to evade this code. Only wine
made from the normal alcoholic fermentation of the
juices of dandelions or grapes, raisins, or other fru
its may be produced under this section. Only ale, malt
liquor, or beer made from the normal alcoholic fermenta
tion of malted barley with hops, or their products,
and with or without other malted
or unmalted cereals, may be produced
under this section. The possession
of wine, ale, malt liquor, or beer produced under this
section is not an offense if the person making it
complies with all provisions of this section and the wine
, ale, malt liquor, or beer is not distilled, fortified,
or otherwise altered to increase its alcohol content.


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## Runningwolf (Jan 11, 2014)

Ok James this is what I've been asking you for. 

Interesting on the limit of 200 gallons per household even if it's a single adult living alone. I think federal laws will over ride this one at 100 gallons for a single adult household.

head of a family or an unmarried adult may produce for the use of his family or himself not more than
200 gallons of wine, ale, malt liquor, or beer,
per year.

This sentence does clearly mention fortified for the state of Texas without mentioning previously purchased legally. Sucks to be you! kidding

The possession of wine, ale, malt liquor, or beer produced under this section is not an offense if the person making it complies with all provisions of this section and the wine, ale, malt liquor, or beer is not distilled, *fortified*, or otherwise altered to increase its alcohol content.


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## GreginND (Jan 11, 2014)

I haven't jumped into this thread yet because I was going to do some more research. I knew that different states have different regulations regarding making fortified wine.

Regarding mixing drinks - it is a completely different thing to mix spirits together in a drink vs. producing and bottling a homemade wine that is fortified. Obviously one is made for immediate consumption and the other for consuming later.

It seems in North Carolina you cannot produce a wine over 16% for home consumption and fortified wines are forbidden also. 

Federal law defines wine as an alcoholic beverage from agricultural products that is less than 24% alcohol. I presume this is the definition of "wine" that the TTB's home winemaking regulation refers to. Thus, according to the feds, we can't make wine over 24%. But I don't think the federal regulations prohibit fortifying up to that, obviously.

I guess it behooves us to know if our states have stricter regulations than the federal government.


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## Kraffty (Mar 27, 2014)

I see this is an older post but since it's new to me and in a new section and pretty interesting I'd ask this. Couldn't I just be deluteing the strength of my store bought brandy from 40 to 24%. I mean it's really kind of the same thing in the end or does any of this discussion have any real repercussions for one of us making 1 to 5 gallons of port?
I really have to add a period one and a while.

Mike


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