Monday, February 8, 2016

Brewing & the Law



1.  Research the laws for home brewing in your country and locality (state, province or county, if applicable). (500 words minimum, cite references). 

Nebraska State Law:
The state of Nebraska takes a very interesting stance on home brewing.  State Statue 53-168.06 allows for the home brewing of non-distilled alcohol for use in the home, which can be shared with friends and family, but not sold.  Additionally, an “authorized representative” of any religion can dispense alcohol for religious use at a place of worship. These rules are included in the middle of a much longer paragraph that also includes many other rules that don’t apply to home brewing.  The full statue states:
“No person shall manufacture, bottle, blend, sell, barter, transport, deliver, furnish, or possess any alcoholic liquor for beverage purposes except as specifically provided in the Nebraska Liquor Control Act. Nothing in the act shall prevent (1) the possession of alcoholic liquor legally obtained as provided in the act for the personal use of the possessor and his or her family and guests; (2) the making of wine, cider, or other alcoholic liquor by a person from fruits, vegetables, or grains, or the product thereof, by simple fermentation and without distillation, if made solely for the use of the maker and his or her family and guests; (3) any duly licensed practicing physician or dentist from possessing or using alcoholic liquor in the strict practice of his or her profession, any hospital or other institution caring for the sick and diseased persons from possessing and using alcoholic liquor for the treatment of bona fide patients of such hospital or other institution, or any drug store employing a licensed pharmacist from possessing or using alcoholic liquor in the compounding of prescriptions of licensed physicians; (4) the possession and dispensation of alcoholic liquor by an authorized representative of any religion on the premises of a place of worship, for the purpose of conducting any bona fide religious rite, ritual, or ceremony; (5) persons who are sixteen years old or older from carrying alcoholic liquor from licensed establishments when they are accompanied by a person not a minor; (6) persons who are sixteen years old or older from handling alcoholic liquor containers and alcoholic liquor in the course of their employment; (7) persons who are sixteen years old or older from removing and disposing of alcoholic liquor containers for the convenience of the employer and customers in the course of their employment; or (8) persons who are nineteen years old or older from serving or selling alcoholic liquor in the course of their employment. (Nebraska Unicameral Legislature). 
United States Country Law:
            I have been quite surprised with the lack of laws in regards to home brewing within the United States.  Ultimately, the law is relatively lax,  with the primary limitation being on the amount of alcohol that can be produced.   In 1978, Congress passed a law (95-458) that allowed any adult to produce up to 200 gallons of beer or wine each year for personal and family use.  The law specifies that the homemade beer can be taken to events, contests, and tastings.  These laws align well with the laws in Nebraska, so I’m pleased that there isn’t contrasting information on a state and national level for me (National Conference of State Legislatures).

Works Cited

National Conference of State Legislatures. Home Manufacture of Alcoholic Beverages State Statues. 9 July 2013. January 2016 <http://www.ncsl.org/research/financial-services-and-commerce/home-manufacture-of-alcohol-state-statutes.aspx>.

Nebraska Unicameral Legislature. Nebraska Revised Statute 53-168.06. January 2016 <http://nebraskalegislature.gov/laws/statutes.php?statute=53-168.06>.



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