State Law: Legal Amounts of Homemade Wine
Texas law regarding homemade wine amends federal law. The state of Texas 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
Texas Alcoholic Beverage Commission
5806 Mesa Dr.
Austin, TX 78731
Phone: 512.206.3254
Fax: 512.206.3274
mailing address:
P.O. Box 13127
Austin, TX 78711
Statute Title & Description
Title 1 Chapter 1 Section 1.04. Definitions
“Alcoholic beverage” means alcohol, or any beverage containing more than one-half of one percent of alcohol by volume, which is capable of use for beverage purposes, either alone or when diluted.
“Illicit beverage” means an alcoholic beverage:
(A) manufactured, distributed, bought, sold, bottled, rectified, blended, treated, fortified, mixed, processed, warehoused, stored, possessed, imported, or transported in violation of this code;
(B) on which a tax imposed by the laws of this state has not been paid and to which the tax stamp, if required, has not been affixed; or
(C) possessed, kept, stored, owned, or imported, with intent to manufacture, sell, distribute, bottle, rectify, blend, treat, fortify, mix, process, warehouse, store, or transport in violation of this code.
“Person” means a natural person or association of natural persons, trustee, receiver, partnership, corporation, organization, or the manager, agent, servant, or employee of any of them.
“Wine and vinous liquor” means the product obtained from the alcoholic fermentation of juice of sound ripe grapes, fruits, berries, or honey, and includes wine coolers.
Title 4 Chapter 109 Subchapter B Section 109.21. HOME PRODUCTION OF WINE, ALE, MALT LIQUOR, OR BEER.
(a) The head of a family or an unmarried adult may produce for the use of his family or himself not more than 200 gallons of wine, ale, malt liquor, or beer, per year. No license or permit is required.
(b) The commission may prohibit the use of any ingredient it finds detrimental to health or susceptible of use to evade this code. Only wine made from the normal alcoholic fermentation of the juices of dandelions or grapes, raisins, or other fruits may be produced under this section. Only ale, malt liquor, or beer made from the normal alcoholic fermentation of malted barley with hops, or their products, and with or without other malted or unmalted cereals, may be produced under this section. The possession of wine, ale, malt liquor, or beer produced under this section is not an offense if the person making it complies with all provisions of this section and the wine, ale, malt liquor, or beer is not distilled, fortified, or otherwise altered to increase its alcohol content.
(c) There is no annual state fee for beverages produced in compliance with this section.
(a) This section applies only to a person who is authorized under Section 109.21(a) to produce wine, ale, malt liquor, or beer.
(b) For the purpose of participating in an organized tasting, evaluation, competition, or literary review, a person to whom this section applies may deliver wine, ale, malt liquor, or beer produced and manufactured by the person to locations that are not licensed under this code for the purpose of submitting those products to an evaluation at an organized tasting competition that is closed to the general public or by a reviewer whose reviews are published if:
(1) no charge of any kind is made for the wine, ale, malt liquor, or beer, for its delivery, or for attendance at the event; and
(2) the commission consents in writing to the delivery.
(c) Nothing in this section shall be construed to authorize an increase in the quantity of wine, ale, malt liquor, or beer authorized to be produced by a person under the authority of Section 109.21(a) of this code.
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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