The Legal Aspect of Wine Making

I thought that those of you new to home winemaking might be interested in the laws surrounding your new interest. I don’t believe they are regulated by the state governments, but fall under Federal jurisdiction. This is based on what I have been able to
find online.

"In 1979 the Federal government waived the requirement for obtaining a permit for home winemaking. However, certain regulations are still in effect and should noted. There is still a legal limit of 200 gallons of wine per year for the head of a household, or 100 gal/yr for a single individual over the legal drinking age. This wine is for personal consumption only. It cannot be sold without adhering to a number of complex U.S. and State regulations well in advance of the production operation."

200 gallons per year breaks down like this:

• 200 Gallons = 757,082.36 ml
• 757,082.36 ml / 750 (1 bottle of wine) = 1,009.4 (bottles of wine)
• 1,009.4 bottles of wine / 365 = 2.8 bottles per day.

Now, I know we all share our wine (don’t be greedy!), and we probably have more than one glass in a sitting.

• 757,082.36 ml / 125ml (1 glass of wine) = 6,056.66 glasses of wine.

If you were taking a conservative stance and had two glasses of wine a day, your wine would last you 8.3 years! Assuming your bottles are 750ml, of course. I think we have no shortage of wine for personal enjoyment here.

The law from the Alcohol and Tobacco Tax and Trade Bureau:

[Code of Federal Regulations]
[Title 27, Volume 1]
[Revised as of April 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 27CFR24.75]
[Page 579]
TITLE 27–ALCOHOL, TOBACCO PRODUCTS AND FIREARMS
CHAPTER I–ALCOHOL AND TOBACCO TAX AND TRADE BUREAU, DEPARTMENT OF THE TREASURY
PART 24_WINE–Table of Contents
Subpart C_Administrative and Miscellaneous Provisions
Sec. 24.75 Wine for personal or family use.
(a) General. Any adult may, without payment of tax, produce wine for personal or family use and not for sale.
(b) Quantity. The aggregate amount of wine that may be produced exempt from tax with respect to any household may not exceed:
(1) 200 gallons per calendar year for a household in which two or more adults reside, or
(2) 100 gallons per calendar year if there is only one adult residing in the household.
(c) Definition of an adult. For the purposes of this section, an adult is any individual who is 18 years of age or older. However, if the locality in which the household is located has established by law a greater minimum age at which wine may be sold to individuals, the term “adult” will mean an individual who has attained that age.
(d) Proprietors of bonded wine premises. Any adult, defined in Sec. 24.75(c), who operates a bonded wine premises as an individual owner or in partnership with others, may produce wine and remove it from the bonded wine premises free of tax for personal or family use, subject to the limitations in Sec. 24.75(b).
(e) Limitation. This exemption should not in any manner be construed as authorizing the production of wine in violation of applicable State or local law. Except as provided in Sec. 24.75(d), this exemption does not otherwise apply to partnerships, corporations, or associations.
(f) Removal. Wine produced under this section may be removed from the premises where made for personal or family use including use at organized affairs, exhibitions or competitions, such as home winemaker’s contests, tastings or judgings, but may not under any circumstances be sold or offered for sale. The proprietor of a bonded wine premises shall pay the tax on any wine removed for personal or family use in excess of the limitations provided in this section and shall also enter all quantities removed for personal or family use on TTB F 5120.17, Report of Bonded Wine Premises Operations. (Sec. 201, Pub. L. 85-859, 72 Stat. 1331, as amended (26 U.S.C. 5042))
(Approved by the Office of Management and Budget under control number 1512-0216)
[T.D. ATF-299, 55 FR 24989, June 19, 1991, as amended by T.D. ATF-338, 58 FR 19064, Apr. 12, 1993; T.D. ATF-344, 58 FR 40354, July 28, 1993]

See Also Volstead Act on Wikipedia

Another interesting article concerning the laws of wine is “In Vino Veritas: Students Learn the Tangled Laws of Wine” Read it here

I hope this helps out with the legal viewpoints of wine making. I never really looked at the statistics before, the way I broke them down above. It’s pretty amazing when you think about doing this for personal consumption.