iowa homebrew laws

sam,rn · Post by **sam,rn** » Wed Aug 31, 2011 6:06 pm

Hey, just wondering how legal it would be to donate homebrew to a silent auction to benefit a hospital/charity/nonprofit. I tried to make sense of the iowa homebrewing laws, but they are about as clear as mud. obviously i can't be selling from the trunk of my dodge neon, but i thought a sixer or two of homebrew would be a unique donation, providing i didn't have to worry about the ATF breathing down my neck. anyone ever run into this? any advice would be greatly appreciated.

carrisr · Post by **carrisr** » Thu Sep 01, 2011 7:28 am

I'm not a lawyer, but I play one on TV...

My understanding of the laws boils down to this: It's illegal to sell homebrewed beer without the proper licenses. Trading beer for other items/services is still selling it. Donating to a charity that in turn sells the beer would still likely be illegal.

Now is it likely the ATF will bust down your doors? Probably not very high.

On Wednesday 31 August 2011 7:06:49 pm you wrote:

Hey, just wondering how legal it would be to donate homebrew to a silent
auction to benefit a hospital/charity/nonprofit. I tried to make sense of
the iowa homebrewing laws, but they are about as clear as mud. obviously i
can't be selling from the trunk of my dodge neon, but i thought a sixer or
two of homebrew would be a unique donation, providing i didn't have to
worry about the ATF breathing down my neck. anyone ever run into this? any
advice would be greatly appreciated.

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brownbeard · Post by **brownbeard** » Thu Sep 01, 2011 7:28 am

I have no idea if it was legal, but I have donated homebrew to a fundraiser before. I think as long as you are not selling it, you are in the clear.

davidw · Post by **davidw** » Thu Sep 01, 2011 8:00 am

I have donated beer for several years to our annual relay for life auction. Mainly six packs but I have also offered cases where the winner gets to choose the recipe they want and I brew it. This does make me ponder the legality, though, because it is being 'sold'.

carrisr · Post by **carrisr** » Thu Sep 01, 2011 8:10 am

Well I think that the later example could be done legally with a few small tweaks of definition.

You could say you are creating a batch of wort for them. They could pitch the yeast under your guidence, and you could "assist" them in packaging it. As long as they "own" it before the yeast is pitched it's not beer yet. It's perfectly legal to sell wort.

On Thursday 01 September 2011 9:00:54 am you wrote:

I have donated beer for several years to our annual relay for life auction.
Mainly six packs but I have also offered cases where the winner gets to
choose the recipe they want and I brew it. This does make me ponder the
legality, though, because it is being 'sold'.

------------------------
The Lincoln Highway Brewery & Tavern

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davidw · Post by **davidw** » Thu Sep 01, 2011 8:40 am

That had actually crossed my mind. I seem to recall reading somewhere, or maybe it was in regards to brew on premise operations, that whomever pitches the yeast "owns" the beer. I've actually thought to offer people the option of coming and spending the day brewing with me. Some may not find it fun, but it could convert others into new homebrewers.

tony b · Post by **tony b** » Thu Sep 01, 2011 9:01 am

John and I on several occassions auctioned off a "make your own beer" session for charities. Obviously the person bidding on it knows what they're buying, so folks who wouldn't find it fun or interesting won't bid.

As to the legal question posed, I put forth that you are donating the beer to a non-profit organization, not selling it to anyone. What the non-profit does with it after that is not your problem or legal concern, as it is no longer your possession or under your control. An analogy - so any person selling a gun to someone else is responsible for what crimes the buyer commits with it later? Don't think so.

Matt F · Post by **Matt F** » Thu Sep 01, 2011 1:16 pm

I have often wondered this regarding many festivals and stuff we do. Seems to be don't ask and keep it on the down low cause we won't want the real answer. Currently haven't heard of anyone having any trouble.

carrisr · Post by **carrisr** » Thu Sep 01, 2011 2:35 pm

Correct me if I'm wrong, but this is one reason that we're incorporating, so the group has some protections and non-profit status for these kinds of events.

Most of the festivals get around this by saying admission goes to charity. All of the beer is also consumed on event grounds. But yes, it's probably quasi legal. But these events also carry insurance and pay fees too. But we all know from Oregon's example that sometimes the laws are not enforced until someone asks or brings a challenge forward.

On Thursday 01 September 2011 2:16:52 pm you wrote:

I have often wondered this regarding many festivals and stuff we do. Seems
to be don't ask and keep it on the down low cause we won't want the real
answer. Currently haven't heard of anyone having any trouble.

------------------------
Matt Franklin
Slappy Brewing North

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Post by **JimPotts** » Thu Sep 01, 2011 5:41 pm

Our incorporation won't really effect it.
I think as far as the festivals go, we're giving our beer away. We just happen to be giving it away on the festival grounds. Technically, no one's ticket is going towards our beer. We just happen to be giving our beer selectively to people at the festival.
-Jim
PS, arguably the incorporation might protect us if the atf came after the club, but probably not. Incorporation doesn't protect against illegal acts.

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carrisr · Post by **carrisr** » Thu Sep 01, 2011 6:05 pm

I understand incorporating doesn't protect us from illegal acts. I was refering to limited liability protection and non-profit status. Does the latter allow us to accept donations from event organizers?

On Thursday 01 September 2011 6:42:28 pm you wrote:

Our incorporation won't really effect it.
I think as far as the festivals go, we're giving our beer away. We just
happen to be giving it away on the festival grounds. Technically, no
one's ticket is going towards our beer. We just happen to be giving our
beer selectively to people at the festival. -Jim
PS, arguably the incorporation might protect us if the atf came after the
club, but probably not. Incorporation doesn't protect against illegal
acts.

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Post by **JimPotts** » Thu Sep 01, 2011 6:53 pm

We can accept donations regardless.

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