State Law: Legal Amounts of Homemade Wine
Vermont laws regarding homemade wine are pursuant to the federal law which states the following:
The aggregate amount of wine exempt from tax under this subsection with respect to any household shall not exceed – (1) 200 gallons per calendar year if there are 2 or more adults in such household, or (2) 100 gallons per calendar year if there is only 1 adult in such household.
State Alcoholic Beverages Control Agency
Vermont Department of Liquor Control
13 Green Mountain Drive, Drawer 20
Montpelier, Vermont 05620-4501
Phone: 802.828.2345
Fax: 802.828.2803
Statute Title & Description
Chapter 1: General Provisions Section 2. Definitions
The following words as used in this title, unless a contrary meaning is required by the context, shall have the following meaning:
“Alcohol”: the product of distillation of spirits or any fermented malt or vinous beverage, including ethyl alcohol and non-potable alcohol.
“Person,” as applied to licensees, means individuals who are citizens of the United States, partnerships composed of individuals, a majority of whom are citizens of the United States, and corporations organized under the laws of this or another state in which a majority of the directors are citizens of the United States and to limited liability companies organized under the laws of this or another state in which a majority of the members or managers are citizens of the United States.
“Vinous beverages”: all fermented beverages of any name or description manufactured or obtained for sale from the natural sugar content of fruits, or other agricultural product, containing sugar, the alcoholic content of which is not less than one percent nor more than 16 percent by volume at 60 degrees Fahrenheit: except that all vermouths shall be purchased and retailed by and through the liquor control board as authorized in chapters 5 and 7 of this title.
“Home-fermented beverages”: malt or vinous beverages produced at home and not for sale.
A person who donates vinous or malt beverages to a nonprofit organization for an auction under this section is not required to be licensed under this chapter.
Chapter 3: Prohibited Acts Section 65, Home-fermented malt and vinous beverages; tasting event
A person of legal age may, without obtaining a license under this title or paying state taxes or fees, produce malt or vinous beverages, or both, at home provided that the amount of home-fermented beverages produced by that person does not exceed the quantities limitation in 26 U.S.C. §§ 5053 and 5042.
Home-fermented beverages produced pursuant to this section may be transported to and offered for tasting at an organized event, exhibition, or competition held for home-fermented beverages, provided all the following conditions are met:
(1) The sponsor provides written notice of the event to the department no later than 10 days prior to the date of the event. The notice shall include a description of the delineated area in which the tastings will be offered, and in the case of a competition, the names of the judges hired by the sponsor.
(2) The public is not charged a fee for the tastings or for admission to the event, exhibition or competition. However, the sponsor may charge a fee to the producers of home-fermented beverages for their participation in the event.
(3) Tastings of home-fermented beverages are offered only within the delineated area specified in the notice to the department.
(4) No home-fermented beverages may be sold or offered for sale to the public, and all unused home-fermented beverages shall be disposed of by the permit holder.
(5) The event will be conducted in compliance with all the requirements of this title.
A person who sponsors an organized event, exhibition or competition under this section or participates in the event as a producer of home-fermented beverages who violates any provision of this section may be fined not more than $1,000.00. (Added 1997, No. 158 (Adj. Sess.), § 5; amended 2007, No. 10, § 1, eff. April 26, 2007.)
NOTE: The information presented here is not a substitute for legal advice. For detailed information regarding the laws of your state please contact the state’s governing agency and/or a lawyer licensed to practice in your state.
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