South Dakota Home Wine Making Laws

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

Title 35 Alcoholic Beverages

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.

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American Wine Grape Distributors Inc. AKA A. Silvestro Wine Grape, has been in business for over 5 decades. We are wine enthusiasts just like you and want to share in that enjoyment. This is why we are developing a new and exciting platform for growers, restaurants, sommeliers and home winemakers. Our goal is to bring the wine community together and is the driving force behind our new blog.