Winery Laws

[GreginND]

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.

 

[asterof]

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:

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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]

 

[Scott]

"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.

 

[GaDawg]

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

 

[GreginND]

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.

 

[GreginND]

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

 

[asterof]

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

 

[GreginND]

I consider gifting a bottle to friends as personal use.

 

[sour_grapes]

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?

 

[mike8479]

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]

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

 

[srcorndog]

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

 

[mike8479]

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


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[GreginND]

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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