State Law: Legal Amounts of Homemade Wine
Oregon 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
Oregon Liquor Control Commission
9079 SE McLoughlin Blvd.
Portland, OR 97222-7355
Phone: 503-872-5000
Phone: 800-452-6522
Fax: 503-872-5266
Mailing address:
PO Box 22297
Milwaukie, OR 97269-2297
Statute Title & Description
Title 37 ALCOHOLIC LIQUORS; CONTROLLED SUBSTANCES; DRUGS
Chapter 471.001 Definitions for ORS chapters 471 and 473
“Alcoholic beverage” and “alcoholic liquor” mean any liquid or solid containing more than one-half of one percent alcohol by volume and capable of being consumed by a human being.
“Wine” means any fermented vinous liquor or fruit juice, or other fermented beverage fit for beverage purposes that is not a malt beverage, containing more than one-half of one percent of alcohol by volume and not more than 21 percent of alcohol by volume. “Wine” includes fortified wine. “Wine” does not include cider. [1995 c.301 §2; 1999 c.351 §42; 2005 c.100 §1; 2010 c.33 §1]
Chapter 471.037 Homemade beer, wine and fermented fruit juice exemption from liquor laws.
“Financial consideration,” except as provided in subparagraph (B) of this paragraph, means value that is given or received directly or indirectly through sales, barter, trade, fees, charges, dues, contributions or donations.
Except as provided in subsection (3) of this section, the Liquor Control Act does not apply to the following:
(a) The making of homemade beer, wine or fermented fruit juice, if the total of beer, wine and fermented fruit juice produced during a calendar year does not exceed:
(A) One hundred gallons in a household having one person who is 21 years of age or older; or
(B) Two hundred gallons in a household having two or more persons who are 21 years of age or older.
(b) The keeping, storage or transportation of homemade beer, wine or fermented fruit juice.
Chapter 471.403 License required to produce alcoholic liquor; exception.
(1) Except as provided in this section, a person may not brew, ferment, distill, blend or rectify any alcoholic liquor unless licensed so to do by the Oregon Liquor Control Commission.
(2) The holder of a brewery-public house license or a brewery license may allow patrons to brew malt beverages not to exceed 14 percent alcoholic content by volume if the brewing is conducted under the direct supervision of the licensee or employees of the licensee. Malt beverages produced under this subsection may not be sold by the patron.
(3) The holder of a winery license may allow patrons to make wine if the winemaking is conducted under the direct supervision of the licensee or employees of the licensee. Wine produced under this subsection may not be sold by the patron.
(4) A person may make homemade beer, wine and fermented fruit juice as authorized under ORS 471.037. A person may provide assistance to another in making the homemade beer, wine or fermented fruit juice, if the person does not receive financial consideration as defined in ORS 471.037 for providing the assistance. [Formerly 471.205; 2007 c.414 §1; 2011 c.12 §4]
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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