State Law: Legal Amounts of Homemade Wine
Ohio 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
Department of Liquor Control
6606 Tussing Rd.
Reynoldsburg, OH 43068
Phone: 614.644.2360
Fax: 614.644.2480
Statute Title & Description
Chapter 4301.01 Liquor Control Definitions
“Alcohol” means ethyl alcohol, whether rectified or diluted with water or not, whatever its origin may be, and includes synthetic ethyl alcohol. “Alcohol” does not include denatured alcohol and wood alcohol.
“Wine” includes all liquids fit to use for beverage purposes containing not less than one-half of one per cent of alcohol by volume and not more than twenty-one per cent of alcohol by volume, which is made from the fermented juices of grapes, fruits, or other agricultural products, except that as used in sections 4301.13, 4301.421, 4301.422, 4301.432, and 4301.44 of the Revised Code, and, for purposes of determining the rate of the tax that applies, division (B) of section 4301.43 of the Revised Code, “wine” does not include cider.
“Person” includes firms and corporations.
Chapter 4301.58 Permits Required
No person, personally or by the person’s clerk, agent, or employee, who is not the holder of an A permit issued by the division of liquor control, in force at the time, and authorizing the manufacture of beer or intoxicating liquor, or who is not an agent or employee of the division authorized to manufacture such beer or intoxicating liquor, shall manufacture any beer or intoxicating liquor for sale, or shall manufacture spirituous liquor.
No person, personally or by the person’s clerk, agent, or employee, who is not the holder of an A, B, C, D, E, F, G, I, or S permit issued by the division, in force at the time, and authorizing the sale of beer, intoxicating liquor, or alcohol, or who is not an agent or employee of the division or the tax commissioner authorized to sell such beer, intoxicating liquor, or alcohol, shall sell, keep, or possess beer, intoxicating liquor, or alcohol for sale to any persons other than those authorized by Chapters 4301. and 4303. of the Revised Code to purchase any beer or intoxicating liquor, or sell any alcohol at retail. This division does not apply to or affect the sale or possession for sale of any low-alcohol beverage.
No person, personally or by the person’s clerk, agent, or employee, who is the holder of a permit issued by the division, shall sell, keep, or possess for sale any intoxicating liquor not purchased from the division or from the holder of a permit issued by the division authorizing the sale of such intoxicating liquor unless the same has been purchased with the special consent of the division. The division shall revoke the permit of any person convicted of a violation of division (C) of this section.
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.
About americanwinegrape
