In-House Liquor Laws

In recent years, home brewing has seen increasing popularity in main stream society. From a basic introductory brewing kit to a miniature craft brew empire, home brewing can be personalized to meet the needs and abilities of an occasional brewer or seasoned brewmaster. This post is a compilation of what I feel are some interesting Federal and Ohio Laws affecting the alcohol you buy, brew, and consume.

On a Federal level, 27 CFR 25.205 provides that any adult (21 years old in Ohio) may engage in home brewing and may brew up to 100 gallons (12,800 ounces) per calendar year without incurring any tax liability. In the event that there are two or more adults living in the household, the household may produce 200 gallons per calendar year. Partnerships, corporations, and other associations are treated differently than a household, so caution may be necessary depending on your situation. Finally, federal law provides that an individual’s right to produce beer is dependent on the legal status of home brewing in their state.

A review of the Ohio Revised Code, suggests that home brewing (for personal consumption) is exempted from compliance with the liquor laws. While there is no specific provision allowing or prohibiting personal-use home brewing, R.C. 4301.58(A) states that no person shall “manufacture any beer or intoxicating liquor for sale, or shall manufacture spirituous liquor” unless they hold an A permit or serve in an enumerate relationship with an A permit holder. The implication is that personal-use brewing does not require a permit because it is not offered for sale.

The State of Ohio places limitations on strength or alcohol by volume (ABV) of beverages sold. According to R.C. 4301.01, the various types of alcohol sold in Ohio are subject to the following limitations:

(B)(2) Beer: ABV must be between .5% and 12%.
(B)(3) Wine: ABV must be between .5% and 21%.
(B)(4) Mixed Beverages: ABV must be between .5% and 21%.
(B)(5) Spirituous Liquor: any beverage with an ABV in excess of 21%.

The clear implication is that no beer may be sold in Ohio with an ABV in excess of 12%, so you may want to organize a road trip if you are looking for a truly mythological pint (or growler if you are so inclined.) Additionally, the Ohio Administrative Code (4301:1-1-23) provides a mechanism for Ohio residents to obtain consent to import alcoholic beverages for personal use, so long as the beverages are not registered for sale in Ohio. It is unclear whether a home brewer is permitted to brew beer with an ABV in excess of 12%, but if the liquor control laws only apply to beer for sale, you may truly be the master of your own brews.

Please remember to brew, store, and enjoy your adult beverages responsibly.