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Federal And State Distillation Laws

Views: 46     Author: Site Editor     Publish Time: 2022-02-23      Origin: Site

Can a Still be Legally Owned According to Federal Law?

According to federal rules, stills of any size are legal to own if not being used, nor intended to be used, to produce alcohol. In other words, if a still is only being used to distill, filter, or purify water or to make something like essential oils, and these actions do not involve the distillation of alcohol, a still of any size is legal to own.


In order to be fully compliant with laws pertaining to operating a still for the production of consumable alcohol, one would need a Federal Distilled Spirits Permit. Distillation equipment can also be legally used to produce fuel alcohol if the owner possesses a Federal Fuel Alcohol Permit.


Can a Still be Legally Owned According to State Laws?

In additional to federal rules and regulations, there are also state-specific laws. State regulations on distilling and distilling equipment vary state to state and there is no “general rule” for how states treat distillation or distilling equipment that could be used for alcohol production. We have not compiled detailed information on state distillation laws. Please search the statutes in the particular state that you live in to determine whether or not it is legal to own and operate distillation equipment and whether not doing either will require a permit. If you have questions, consult an attorney licensed to practice law in your jurisdiction.


Additionally, All State statutes and regulations are subject to existing Federal law; some States expressly make their licensing process subject to the applicant having obtained the necessary Federal permits or licenses and subject to Federal reporting requirements and other States do not; such Federal requirement, if they apply to the situation, would still be in effect regardless whether the individual State law made reference to them.


When is a Still Illegal to Possess?

It is illegal for individuals to produce alcohol for consumption without proper permits. The only federal permit that allows for production of distilled spirits for consumption is a commercial federal distilled spirits plant (DSP) permit. Federal law provides no exemptions for the production of distilled spirits for personal or family use.


Additionally, as mentioned above, state laws apply to the ownership and operation of distillation equipment. Rules on distillation vary from state to state, but overall, production of distilled  alcohol for consumption or for fuel is not allowed except pursuant to state-level rules, regulations, and permits. Make sure to review your state's laws for rules on the ownership and operation of distillation equipment before purchasing parts from us and manufacturing a still. If you have questions, consult an attorney licensed to practice law in your jurisdiction.


Disclaimer

The information, provided on this website, was gathered through online research. It should be noted that statutes can be amended, modified or even repealed, at any time and often there is a significant delay before the amendments and modifications are shown online. In addition, many of the license and permit fees, listed above, are subject to change by the licensing board or agency, and the updated fee changes can also take substantial time to be posted online. When applying for particular State license or permit, or when paying a state licensing or permit fee, or when relying on other information contained herein, a detailed check of the State’s records for updated information is suggested (See below).


The information gathered is primarily directed toward the legality of stills and distillery equipment, and the availability of licenses or permits for their use, and no detailed research was made, nor references are given, as to other requirements that a State may make after a license or permit is issued, such as annual report filing, tax payments, bond or license renewals, deadlines, inspections, etc. When applying for particular State license or permit, or when paying a State licensing or permit fee, or when relying on other information contained herein, a detailed check of the State’s records for updated information is suggested.


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Copper Distillation Equipment


The above information, data and references are provided for informational purposes only and should not be relied upon by any person or entity as a legal basis for any action or decision. None of the information provided above is intended to provide specific legal advice to any person or entity resident in any particular state. Any person wishing to obtain or apply for any of the above permits or permits, or to own, possess, purchase or construct stills or other winemaking equipment, shall permit or possess, possess, purchase or construct prior to obtaining or applying for any such permit distiller or other brewing equipment, obtain the services of an attorney located in the state and have had the attorney search state records for the latest and current statutory powers, existing tax and licensing regulations, and other information.



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