There are a lot of misunderstandings about what you can do with your homebrew. Moonshine still owners with this permit cannot distill “consumable” alcohol - only alcohol-based fuel. Following the repeal of prohibition, most states adopted a three-tier system for selling alcohol: the producer or importer sells to distributors, who then sell to retailers. It is unlikely selling homebrew will ever become legal. Another myth is that if you own a whiskey or moonshine still, you are not allowed to keep it in your home, and must keep it outside or in a special building (like a shed or barn) - even if you never operate the still. Moonshine still owners with this permit cannot distill “consumable” alcohol - only alcohol-based fuel. Federal law takes precedence and overrides any state law that does not agree with it. The appropriate legal advice for your situation may be different from the general information provided. State laws about owning and using distillation equipment are available on the website for your state’s government. USA.gov can also be used to quickly find information from your local government websites. Own whatever size still you like and get permits for any alcohol distilling. You need to start with the Alcohol Beverage Control for your state. The truth about distilling and the law is: It’s easy to stay within the lines of the law when you know what they are. If you are serious about selling your beverages, consider going professional and starting a commercial operation. One of the most common misconceptions is that federal law says that people can’t own stills larger than 1 gallon. Federal law permits sharing homebrew beyond the household for organized tastings, competitions and the like. A person who has a measured a BAC of 0.08 percent has eight parts of alcohol per 10,000 parts of blood in their system. Begin your search with this list of State-by-State Distilling Laws from the Hobby Distiller’s Association. If homebrewers are cloning popular beers and selling it as a discount, brewers may have a claim of patent or trademark infringement for selling clone beers. In addition to state laws governing alcohol, there are federal laws, excise taxes and food manufacturing standards and practices that need to be adhered to. To do so, apply for the Federal Fuel Alcohol Permit, which is inexpensive and easy to obtain. The laws are very clear that any selling is illegal. You never know until you look if your specific county, parish, city, or township may have local certifications, licenses, or permits that are needed to operate your moonshine still at home. When most people think of illegal liquor, they conjure up images of Prohibition-era bathtub gin or jugs of moonshine labeled "XXX." On the other hand, a Florida citizen who wants to own a still for decoration (but not to distill any alcohol) does not need to obtain a federal permit, but would need to obtain the proper license from the state of Florida. The Federal Fuel Alcohol Permit. For more information on these requirements, view the regulations on the TTB website in the document 27 CFR Part 19, which is listed in the resources section below.
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