State Law: Legal Amounts of Homemade Wine
South Dakota law regarding homemade wine amends federal law. The state of South Dakota permits 200 gallons or less in one calendar year for the head of household (married or single) who has attained the age of 21.
State Alcoholic Beverages Control Agency
South Dakota Department of Revenue
Special Taxes Division
445 East Capitol Avenue
Pierre, SD 57501-3185
Phone: 605.773.3311
Fax: 605.773.6729
Statute Title & Description
Chapter 1 Definitions And General Provisions Section 1 Definition of terms
“Alcoholic beverage,” any distilled spirits, wine and malt beverages as defined in this title.
“Wine,” any liquid either commonly used, or reasonably adapted to use, for beverage purposes, and obtained by the fermentation of the natural sugar content of fruits or other agricultural products containing sugar and containing not less than one-half of one percent of alcohol by weight but not more than twenty-four percent of alcohol by weight.
Chapter 1 Definitions And General Provisions Section 5.4 Certain uses exempt from tax
Any person who produces for personal, family, or similar use two hundred gallons or less of malt beverage each year or any person who produces for personal, family, or similar use two hundred gallons or less of wine each year is exempt from any license required by this title and is exempt from any tax or fee imposed by this title. The malt beverage or wine produced pursuant to this section may not be sold or offered for sale.
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.