State Law: Legal Amounts of Homemade Wine
North Dakota 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
Office of State Treasurer
Capitol Building, 3rd Floor
600 East Boulevard Ave.
Bismark, ND 58505-0599
Phone: 701.328.7088
Fax: 701.328.3700
Statute Title & Description
Title 5 Alcoholic Beverages
Chapter 1 General Provisions Section 1 Definitions
“Alcohol” means neutral spirits distilled at or above one hundred ninety degrees proof,
whether or not such product is subsequently reduced, for nonindustrial use.
“Alcoholic beverages” means any liquid suitable for drinking by human beings, which
contains one-half of one percent or more of alcohol by volume.
“Liquor” means any alcoholic beverage except beer.
“Wine” means the alcoholic beverage obtained by fermentation of agricultural products containing natural or added sugar or such beverage fortified with brandy and containing not more than twenty-four percent alcohol by volume.
Chapter 1 General Provisions Section 4 Manufacture of alcoholic beverages prohibited – Exceptions
A person may manufacture alcoholic beverages for personal or family use, and not for sale,
without securing a license if the amount manufactured is within quantities allowed by the alcohol and tobacco tax and trade bureau of the United States treasury department. Any person manufacturing alcoholic beverages within this state in quantities greater than those permitted by the alcohol and tobacco tax and trade bureau of the United States treasury department is guilty of a class A misdemeanor and property used for the same is subject to disposition by the court except any person may establish a brewery for the manufacture of malt beverages, a winery, or a distillery or other plant for the distilling, manufacturing, or processing of alcohol within this state if the person has secured a license from the tax commissioner. This license must be issued on a calendar-year basis with a fee of five hundred dollars. A first-time license fee may be reduced twenty-five percent for each full quarter of a year elapsed between the first day of the year for which the license is issued and the date on which the application for the license is filed with the tax commissioner. A license may not be issued for any period for a fee less than one-half of the annual license fee. This license shall allow sale to only licensed wholesalers.
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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