State Law: Legal Amounts of Homemade Wine
Montana 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 Revenue, Liquor Control
Sam W. Mitchell Bldg.
125 N. Roberts, 3rd Floor
Helena, Montana 59601
Mailing Address:
PO Box 1712
Helena, MT 59624-1712
Phone: 406.444.6900
Fax: 406.444.6642
Statute Title & Description
Chapter 1 Administration and Taxation Part 1 General Provisions Section 106 Definitions
“Alcohol” means ethyl alcohol, also called ethanol, or the hydrated oxide of ethyl.
“Alcoholic beverage” means a compound produced and sold for human consumption as a drink that contains more than 0.5% of alcohol by volume.
“Wine” means an alcoholic beverage made from or containing the normal alcoholic fermentation of the juice of sound, ripe fruit or other agricultural products without addition or abstraction, except as may occur in the usual cellar treatment of clarifying and aging, and that contains more than 0.5% but not more than 24% of alcohol by volume. Wine may be ameliorated to correct natural deficiencies, sweetened, and fortified in accordance with applicable federal regulations and the customs and practices of the industry. Other alcoholic beverages not defined in this subsection but made in the manner of wine and labeled and sold as wine in accordance with federal regulations are also wine.
Nothing in this code prevents any brewer, distiller, or other person, licensed under the provisions of any statute of the United States of America for the manufacture of alcoholic beverages, from having or keeping alcoholic beverages in a place and in the manner authorized by or under any such statute.
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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