State Law: Legal Amounts of Homemade Wine
Illinois 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
Illinois Liquor Control Commission
100 W. Randolph, Suite 7-801
Chicago, IL 60601
Phone: 312.814.2206
Fax: 312.814.2241
101 West Jefferson Suite 3-525
Springfield, Illinois 62702
Phone: 217.782.2136
Fax: 217.524.1911
Statute Title & Description
Chapter 235 ILCS Act 5 Article 2 Scope of Act Section 2-1
No person shall manufacture, bottle, blend, sell, barter, transport, transfer into this State from a point outside this State, deliver, furnish or possess any alcoholic liquor for beverage purposes, unless such person has been issued a license by the Commission or except as permitted by Section 6-29 of this Act or except as otherwise specifically provided in this Act; provided, however, nothing herein contained shall prevent the possession and transportation of alcoholic liquor by the possessor for the personal use of the possessor, his family and guests, nor prevent the making of wine, cider or other alcoholic liquor by a person from fruits, vegetables or grains, or the products thereof, by simple fermentation and without distillation, if it is made solely for the use of the maker, his family and his guests; ….
Chapter 235 ILCS Act 5 Article 1 Construction Section 3 Definitions
“Alcohol” means the product of distillation of any fermented liquid, whether rectified or diluted, whatever may be the origin thereof, and includes synthetic ethyl alcohol. It does not include denatured alcohol or wood alcohol.
“Wine” means any alcoholic beverage obtained by the fermentation of the natural contents of fruits, or vegetables, containing sugar, including such beverages when fortified by the addition of alcohol or spirits, as above defined.
“Alcoholic liquor” includes alcohol, spirits, wine and beer, and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer, and capable of being consumed as a beverage by a human being. The provisions of this Act shall not apply to alcohol used in the manufacture of denatured alcohol produced in accordance with Acts of Congress and regulations promulgated thereunder, nor to any liquid or solid containing one-half of one per cent, or less, of alcohol by volume. No tax provided for in Article VIII of this Act shall apply to wine intended for use and used by any church or religious organization for sacramental purposes, provided that such wine shall be purchased from a licensed manufacturer or importing distributor under this Act.
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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