Distilling?

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Distilling?

Postby tk421991 » Mon Sep 09, 2013 6:45 am

I know this is a gun forum, but hey...

Distilling at home: what do I have to do to be a legal beagle? I'm assuming our good friends at the ATF would be more involved with home distilling rather than home brewing. I'll look over the RIGL, just wondering if anyone has an idea about what laws and taxes/tax stamps would be involved with running a distillery at home.
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Re: Distilling?

Postby tk421991 » Mon Sep 09, 2013 6:52 am

The annual license fee to run a distillery is $3000 per year in Rhode Island. Not including any Federal laws, the equipment, etc.

http://webserver.rilin.state.ri.us/Statutes/TITLE3/3-6/3-6-1.HTM

(c) The annual fee for the license is three thousand dollars ($3,000) for a distillery, five hundred dollars ($500) for a brewery, and one thousand five hundred dollars ($1,500) for a winery producing more than fifty thousand (50,000) gallons per year and five hundred dollars ($500) per year for a winery producing less than fifty thousand (50,000) gallons per year. All those fees are prorated to the year ending December 1 in every calendar year and shall be paid to the division of taxation and be turned over to the general treasurer for the use of the state.


RIFOL group license? :lol:
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Re: Distilling?

Postby RLS » Mon Sep 09, 2013 12:44 pm

For commercial sale or personal consumption?
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Re: Distilling?

Postby jcat » Mon Sep 09, 2013 2:05 pm

I think distilling hard alcohol is a no-go even for personal consumption, without paying a hefty tax on it or filing federal papers to get the say-so.

Beer and wine however are just fine for personal consumption as I believe the tax you pay on the ingredients covers your debt to uncle sam.
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Re: Distilling?

Postby tk421991 » Mon Sep 09, 2013 2:27 pm

Distilling is so heavily taxed that distilling for personal use is a no go. The RI tax to run a distillery is $3000 and hard alcohol in excess of 80 proof is taxed at $3.75 per gallon. However, Rhode Island allows for "brewpubs", and the statute for brewpubs just says alcohol, not beer or wine or spirits. The other big one is the Fed; I looked quickly last night and the Federal requirements put RI to shame. Also, the Fed really regulates what can be sold as what; unaged white corn whiskey isn't sold as whiskey, its a neutral grain spirit, like Everclear.

http://www.ttb.gov/spirits/faq.shtml#s7

You may not produce spirits for beverage purposes without paying taxes and without prior approval of paperwork to operate a distilled spirits plant. [See 26 U.S.C. 5601 & 5602 for some of the criminal penalties.] There are numerous requirements that must be met that also make it impractical to produce spirits for personal or beverage use. Some of these requirements are paying special tax, filing an extensive application, filing a bond, providing adequate equipment to measure spirits, providing suitable tanks and pipelines, providing a separate building (other than a dwelling) and maintaining detailed records, and filing reports. All of these requirements are listed in 27 CFR Part 19.
Spirits may be produced for non-beverage purposes for fuel use only without payment of tax, but you also must file an application, receive TTB's approval, and follow requirements, such as construction, use, records and reports.


http://webserver.rilin.state.ri.us/Statutes/TITLE3/3-6/3-6-1.2.HTM

(a) A brewpub manufacturer's license shall authorize the holder to establish and operate a brewpub within this state. The brewpub manufacturer's license shall authorize the retail sale of the beverages manufactured on the location for consumption on the premises. The license shall not authorize the retail sale of beverages from any location other than the location set forth in the license. A brewpub may sell at retail alcoholic beverages produced on the premises by the half-gallon bottle known as a "growler" to consumers for off the premises consumption to be sold pursuant to the laws governing retail Class A establishments.

(b) The license shall also authorize the sale at wholesale at the licensed place by the manufacturer of the product of his or her licensed plant as well as beverages produced for the brewpub and sold under the brewpub's name to a holder of a wholesaler's license and the transportation and delivery from the place of sale to the licensed wholesaler or to a common carrier for that delivery.

(c) The brewpub manufacturer's license further authorizes the sale of beverages manufactured on the premises to any person holding a valid wholesaler's and importer's license under § 3-6-9 or 3-6-11.

(d) The annual fee for the license is one thousand dollars ($1,000) for a brewpub producing more than fifty thousand (50,000) gallons per year and five hundred dollars ($500) per year for a brewpub producing less than fifty thousand (50,000) gallons per year. The annual fee is prorated to the year ending December 1 in every calendar year and paid to the division of taxation and turned over to the general treasurer for the use of the state.
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Re: Distilling?

Postby jcat » Mon Sep 09, 2013 2:49 pm

The wording is misleading but a brewpub is explicitly beer and wine. Growlers are usually beer only.

Any way you look at it, if the state won't throw you in jail the feds will. Unless you cough up way more money than it would take to stock up across state lines at Gasbarro's on tax free weekend
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Re: Distilling?

Postby tk421991 » Mon Sep 09, 2013 3:26 pm

I was just wondering if it would be legally possible to set up a small pot still and operate from home for personal use, and the short answer is no. Not to mention the price of the equipment; sure I could weld some sheet metal together but it won't be very good tasting alcohol. I also wouldn't be able to walk into Dave's or S&S or Dino's and ask for a few hundred pounds of potatoes or barley or corn.

This'll be a project for later in life...
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Re: Distilling?

Postby jcat » Mon Sep 09, 2013 3:30 pm

If you do it right, you can brew beer that'll get you every bit as drunk as the commercial moonshines they're selling right now and it'll taste better too :D
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Re: Distilling?

Postby tk421991 » Mon Sep 09, 2013 3:35 pm

I can't stand beer, its the worst flavored thing to me in the world. I love whiskey, especially Irish whiskey, vodka is good, tequila is ok, wine I can pass on, and champagne is good.

But no beer. I tried making some before, it was interesting, but I just don't like the flavor.
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Re: Distilling?

Postby jcat » Mon Sep 09, 2013 3:41 pm

tk421991 wrote:I can't stand beer, its the worst flavored thing to me in the world. I love whiskey, especially Irish whiskey, vodka is good, tequila is ok, wine I can pass on, and champagne is good.

But no beer. I tried making some before, it was interesting, but I just don't like the flavor.



I suggest you try a barleywine or even Kentucky Bourbon Barrel Ale. It's pricey, but it literally tastes like what I imagine a beer made by Jack Daniels would taste like.
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