Page 1 of 1
Is this really true?
Posted: Sun Oct 28, 2018 9:47 am
by tony b
https://beerandbrewing.com/the-day-home ... legalized/
According to this article it's illegal in Iowa to bottle share homebrew? And probably my Purple Crack beer could be too??
Iowa has two classifications to consider: “beer” is 5% ABW or lower, and “high alcoholic content beer” is higher than 5% ABW. If you’re looking to get creative with your flavors, you’ll want to check out the statute itself for restricted ingredients—they get pretty specific! And forget having a homebrew bottle share—you can’t exchange bottles at all, nor can you transport more than 5 gallons at a time.
Re: Is this really true?
Posted: Sun Oct 28, 2018 10:44 am
by MikeB
Sent from my iPhone using Tapatalk
Re: Is this really true?
Posted: Sun Oct 28, 2018 11:36 am
by twiggy2164
According to Iowa code, bottled beer (doesn’t mention kegged) can be transported off premises for tastings, judged events, contests, etc as long as it is not being sold or offered in exchange for any consideration.
Tattoo Travis
Re: Is this really true?
Posted: Sun Oct 28, 2018 12:40 pm
by daryl
Don't ask, don't tell.
Re: Is this really true?
Posted: Mon Oct 29, 2018 9:08 am
by tony b
MikeB wrote:
Sent from my iPhone using Tapatalk
AWESOME!
Re: Is this really true?
Posted: Tue Oct 30, 2018 7:44 am
by Matt F
I think that 5% thing was the old law.
Re: Is this really true?
Posted: Tue Oct 30, 2018 5:46 pm
by wyzzyrdd
https://www.homebrewersassociation.org/ ... utes/iowa/
Statute
iowaSection 123.144 indicates bottling of beer for home consumption is permitted. The statute was amended in 2013 to specifically allow for beer bottled for personal use to be removed from premises where it was bottled for personal use, so long as it is not offered for sale or exchanged for any consideration. Presumably that means that home manufactured beer that would be bottled “for personal use” is also legal. Home win making for personal use is specifically permitted by section 123.56.
Section 123.56 expressly allows for individuals to produce wine for home consumption.
Discussion
Language explicitly stating the production of beer at home for personal use is permitted is still absent from the statute, but 123.144.2 allows for the bottling of beer for personal use. It also allows for the removal of beer bottled for personal use from the premises where it was made, so long as it is not sold. Note that “beer is defined as having no more than five percent alcohol by weight. Section 123.144 does not reference “high alcoholic content beer,” which is defined as beer containing more than five percent alcohol by weight and not more than twelve percent alcohol by weight.
Manufacture of wine for personal use is allowed so long as it is consumed on the premises where it was made and not offered for sale. However there is no provision authorizing the removal of such wine from the premises where it was made.
Read it all.
Re: Is this really true?
Posted: Wed Oct 31, 2018 7:48 am
by andrewmaixner
I went to the primary source (
https://www.legis.iowa.gov/docs/code/2017/123.pdf), and see nothing in the whole thing (much less the cited 123.56) relating to what the secondary source claims ("produce wine for home consumption") . The entire code there appears to only be related to Licensees, except in regards to minor consumption issues.
I searched on multiple relevant keywords in IC123 (consumption, produce, home, wine, etc...)
Maybe the article was old, and they reduced the government infringements on person freedom in the code since then?
Re: Is this really true?
Posted: Wed Oct 31, 2018 11:19 am
by whitedj
Its % by weight, so im guessing 5% by weight is close to 6.5% by volume?
Big beers generally have higher FG as well
Re: Is this really true?
Posted: Wed Oct 31, 2018 11:58 am
by wyzzyrdd
andrewmaixner wrote:I went to the primary source (
https://www.legis.iowa.gov/docs/code/2017/123.pdf), and see nothing in the whole thing (much less the cited 123.56) relating to what the secondary source claims ("produce wine for home consumption") . The entire code there appears to only be related to Licensees, except in regards to minor consumption issues.
I searched on multiple relevant keywords in IC123 (consumption, produce, home, wine, etc...)
Maybe the article was old, and they reduced the government infringements on person freedom in the code since then?
123.171 Wine certificate, permit, or license required — exception for personal use.
2. Any person of legal age may manufacture wine for personal use without a class “A”
wine permit, subject to the requirements of this subsection. Such wine may be consumed on
the premises or removed from the premises where it was manufactured only if the wine is not
sold, exchanged, bartered, dispensed, or given in consideration of purchase for any property
or services or in evasion of the requirements of this chapter.
You can make wine and take wine where ever you want. You can share wine so long as you are not trying to acquire a product or service in exchange.
I did not see anything equivalent in the beer rules.
Re: Is this really true?
Posted: Wed Oct 31, 2018 1:44 pm
by tony b
It's all in the definition section at the beginning of the statute. I think the article pretty much nailed it.
7. “Beer” means any liquid capable of being used for beverage purposes made by the fermentation of an infusion in potable water of barley, malt, and hops, with or without unmalted grains or decorticated and degerminated grains or made by the fermentation of or by distillation of the fermented products of fruit, fruit extracts, or other agricultural products, containing more than one-half of one percent of alcohol by volume but not more than five percent of alcohol by weight or six and twenty-five hundredths percent of alcohol by volume but not including mixed drinks or cocktails mixed on the premises.
19. “High alcoholic content beer” means beer which contains more than five percent of alcohol by weight or six and twenty-five hundredths percent of alcohol by volume, but not more than twelve percent of alcohol by weight or fifteen percent of alcohol by volume, that is made by the fermentation of an infusion in potable water of barley, malt, and hops, with or without unmalted grains or decorticated and degerminated grains. Not more than one and five-tenths percent of the volume of a “high alcoholic content beer” may consist of alcohol derived from added flavors and other nonbeverage ingredients containing alcohol. The added flavors and other nonbeverage ingredients may not include added caffeine or other added stimulants including but not limited to guarana, ginseng, and taurine.
40. “Retailer” means any person who shall sell, barter, exchange, offer for sale, or have in possession with intent to sell any alcoholic liquor, wine, or beer for consumption either on or off the premises where sold.
41. The prohibited “sale” of alcoholic liquor, wine, or beer under this chapter includes soliciting for sales, taking orders for sales, keeping or exposing for sale, delivery or other trafficking for a valuable consideration promised or obtained, and procuring or allowing procurement for any other person.
Re: Is this really true?
Posted: Thu Nov 01, 2018 6:54 am
by andrewmaixner
123.171 Wine certificate, permit, or license required — exception for personal use.
...
I did not see anything equivalent in the beer rules.[/quote]
Thank you, don't know how I missed that!
Regarding beer, though, Everything which is not forbidden is allowed / Nulla poena sine lege