Home Distiller

Check it out.

There's been support from both sides of the aisle, call your Congresscritter and let your voice be heard.

Good read... If this were to pass it would, essentially, revert us back to a 15.5 gallon (beer keg) maximum boiler size... Not a deal breaker but it would effect anyone who has upgraded to our relatively new self-imposed 25 gallon boiler limit...

Woah. This would save me nearly $20K in my 1st 2 years of operation. Calling the critters now...

rad14701 wrote:Good read... If this were to pass it would, essentially, revert us back to a 15.5 gallon (beer keg) maximum boiler size... Not a deal breaker but it would effect anyone who has upgraded to our relatively new self-imposed 25 gallon boiler limit...

"I only use the 25-gallon boiler for making beer, officer."

rad14701 wrote:Good read... If this were to pass it would, essentially, revert us back to a 15.5 gallon (beer keg) maximum boiler size... Not a deal breaker but it would effect anyone who has upgraded to our relatively new self-imposed 25 gallon boiler limit...

Rad, we discussed this and because our forum is worldwide we would probably keep the same size for hobby level but add that US members should restrict themselves to 15.5 gallons to be legal.

Emailed my congressman. Hope everyone here does the same.

OK...finally, prohibition politics are moving towards the 21st century...to better reflect the dynamic morals of our evolving society.

It parallels the microwbrew revolution of the early 1990's and the "412" proliferation in the past 5 years; build in the hobby business (public interest), adjust paradigms (media support), lobby the lawmakers, and process legal amendments. Next, capitalize on the industry through tax support and regulate the growth and safety with certifications and licenses.

"We the people" win! And remember, our legislators enjoy a well produced product too. There's homebrewers, winemakers, and (closet) distillers there too!
ss

I'll never have much faith in the majority representing the minority. A %9 prognosis seems pretty generous. What percentage of the population will this law effect? Those are the only people that really care.

Everyone has a finite pool of worry. For congress members, that pool has reached its maximum occupancy. It's just part of the job. So if you want a congress member to share your concern, you first have to take away a concern from them so that it may take it's place in the pool.

This is exactly how the cannabis crowd is getting it's agenda across to the public. They want you to focus on taxes and freedom. Those two issues effect everyone... Even people who don't use the stuff. Those talking points bring people to the table that otherwise have no interest in discussing it or educating themselves about it.

bearriver, I hear what you are saying but there is another facet to your conjecture and that is the cost of enforcement... Unless enforcement shows viability from an economic standpoint it simply becomes an expense on the system... In another topic LWTCS mentioned how the TTB is having a hard enough time keeping up with licensing of legal distilleries and, therefore, may not want to expend resources chasing after a bottle here and a bottle there... It costs more for enforcement than could every be recouped in the long run, hence it becomes a losing battle... Those odds need to be factored into any legislation... And any analysis of previously collected records should have definitively proven that there are more scofflaws out there than they ever imagined or could possibly effectively prosecute...

As a corollary, in my area law enforcement is handing out tickets every chance they get for possession of weed during traffic stops... This recent rise is entirely intended as a money grab by local governments to close up budget gaps while the window of opportunity presents itself before legalization in this state... As soon as a LEO approaches a vehicle, he or she puts his or her head right in the window of the car to take a good whiff and if there is any indication at all they will do a search of every occupant... And the masses simply comply without question... No warrant, no nothing... At least 50% of the traffic violations listed in the newspaper daily include possession charges... Insurmountable odds, to say the least, but local courts are hauling in a lot of revenue... Once legalization comes to this state all of that income stream will dry up...

But I digress...

Ok guys and girls... I read the bill but didn't understand it...
Could someone please explain how this will affect the home distilling community.

We (the HDA) had actually kept this quiet in case ‘big liquor’ was against it and may try to get our piece struck from the bill. We knew that would not last forever, but even our lobbyist feels that, at this point, the effort that it would take to get our portion amended out of both bills would not likely be worthwhile to them.

With that said, do not assume that this bill is just going to pass and become law. There is still a long way to go, and we desperately need as many people as possible to contact their representatives to ask for their support of the bill, and if they have not done so, to co-sponsor it.

And, not to sound like a broken record, but the HDA also needs your support! The cost has been largely carried by Brewhaus, as membership in the HDA has covered less than 5 months of the 19 months that we have been paying the lobbyist. So, if you have not signed up, or have not renewed, please do so. We need to continue pushing this bill in order to get it past the finish line.

With respect to the 15.5 gallon boiler limit, Senate Finance originally wanted 7.5 gallons, with a 15 gallon aggregate (total combined) size. We were able to negotiate it to 15.5 gallons, with no aggregate, so consider that a win.

Rick

Excellent point Rad. I think these are important aspects to consider when petitioning congress and other Americans that do not directly benefit. Reduced government spending is a positive selling point that effects everyone.

I see one (small) benefit to legalization over decriminalization... Congress wants the power to control whatever it can, and legalization gives them more of the thing they crave. Further proving that criminalization is currently out of their control thus incentivizes them to move the overton window in our favor.

How you package a bill matters more than what is in it. For example, nobody gives a crap about protecting swamps... So that is why when we vote on protecting them they are referred to as "wetlands". Everyone want to save the wetlands.

Edit: @jb-texshine Don't worry jb. It's not because you aren't smart enough or educated enough. Even if you thought you understood it, you probably wouldn't. Legal language has bastardized the English language. Some words in legal language mean something completely different than what we know it as in English. But, that is a story for another day. Luckily we have at least one lawyer here at HD that might look at it.

Awesome guys,thanks for the breakdown.

jb, most of the language (and the bill) is to do with changes in the alcohol beverage tax code. Only one little part of it addresses the legalization of home distillation. That part of it is fairly clear.

I would assume that the objectionable part for the big boy distilleries would be the change in the tax structure to benefit the smaller craft distillers. I'm sure they could probably give a crap about us making a few bottles at home.

BTW - can someone explain what is meant by a "proof gallon"? I've seen that term used before, but never really understood what it meant.

The tl;dr version:

1. Removal of bond and simplification of excise tax payments for certain producers with limited tax liability.
2. $2.70 federal excise tax on first 100,000 of proof gallons produced (currently it's $13.50 / gal).
3. Home distillery establishment: Still capacity <=15.5 gal, max production of 24 proof gal/yr per household adult (max of 48 gal). NO sales. Exempt from tax.

S-Cackalacky wrote:BTW - can someone explain what is meant by a "proof gallon"? I've seen that term used before, but never really understood what it meant.

A proof gallon is a gallon of 50% ABV alcohol. All federal excise is based on proof gallons, making bottle proof irrelevant.

Excise on a 750ml bottle of 100 proof is $2.67 (0.198129 gal * 50% / 50% * 13.50)

Excise on a 750ml bottle of 80 proof is $2.14 (0.198129 gal * 40% / 50% * 13.50)

I also don't think the big boys are going to find this objectionable as a 100K proof gallon tax break is substantial to them as well. That's over 50K cases. Question is, is congress willing to give up that kind of revenue...

You realize that if this thing passes, it will be perfectly legal to distill in your house/shed/yard in the state of Missouri? Would only have 49 other states to work on.

Actually, 42 states to go. I have had one of my staff contact all 50 states liquor control boards. Thus far 40 have responded, and I believe that the count is 8 would definitely be legal, with 2 others as likely.

Brewhaus wrote:Actually, 42 states to go. I have had one of my staff contact all 50 states liquor control boards. Thus far 40 have responded, and I believe that the count is 8 would definitely be legal, with 2 others as likely.

would one of those happen to be Texas ?

Unfortunately, no. However, in compiling the relevant laws for each state we have started to put together what changes need to be made, and Texas is pretty straightforward. Of course, nothing will get done here for nearly 18 months, as the State is out of session until then.

America, the land of the free! You know what our rate of excise in Australia is? $80.41 per litre of alcohol (currently, it gets indexed to inflation twice a year).

That's 152.19 pacific pesos per proof gallon, or about US$108.

$24.12 for 750mL @ 40%

Ehhh, 80.41 AUD = 57.34 USD. That's not too far off from total excise tax in Washington or Oregon, actually.

Wa is 51 if I recall correctly. Higher than any other state.

I support HDA. Thank you Rick for all you and your team have done for all of us.

We're not there yet, but we're a lot closer than we ever have been!

Sent letters in yesterday. Member of HDA. Got forms from there. Easy.

This is what I just sent:

I am writing in hope that you will support H.R.2903 - Craft Beverage Modernization and Tax Reform Act of 2015.

It's unfortunate that we're prevented from practicing a hobby that's been around since the very earliest Americans. Washington, Jefferson and many other "founding fathers" were very well-versed in and practiced the craft of distilling, yet today we continue to be prevented from doing so.

There has also been a burst of small businesses coming out in the past 5 years because there is a demand for local, quality spirits. Unfortunately, this road to building your own business is blocked by outdated laws that prevent people from practicing at home to discover whether or not they want to go into business, to develop recipes and technologies, etc.

There's no real downside to supporting this bill, and it should be treated similarly to the way that home-brewing of beer was finally re-legalized in 1978. Looking around today you can see the fruits of this legal change in the explosion of businesses and jobs created by the craft-brewing industry. Allowing home distillation of spirits will bring about the same kind of positive effect on our lives and our economy.

You can look up who your representative is here:

http://www.house.gov/representatives/find/

Brewhaus wrote:Unfortunately, no. However, in compiling the relevant laws for each state we have started to put together what changes need to be made, and Texas is pretty straightforward. Of course, nothing will get done here for nearly 18 months, as the State is out of session until then.

The State is out of session for a year and a half?

Yup. Texas is one of the few states that has only a part time session. Outside of that only the governor call call them back for urgent matters... and I don't think that our would qualify.

Brewhaus wrote:Yup. Texas is one of the few states that has only a part time session. Outside of that only the governor call call them back for urgent matters... and I don't think that our would qualify.

That would be a great gig, but you'd have to live in Texas...