Help Legalize Organized Home Brew Events

I recently had an exchange with the Missouri ATC asking if a hypothetical homebrew competition would be legal. While I am not planning one now, I thought it would be a good way to develop awareness of the hobby in the Springfield area and maybe get some more people involved. The conversation I had with Missouri ATC was cordial and polite, but yielded a very unsatisfactory answer.
The laws that govern homebrewing in the State of Missouri are in the Missouri Revised Statutes, Chapter 311: Liquor Control Law. The law states that “It shall be unlawful for any person, firm, partnership or corporation to manufacture, sell or expose for sale in this state intoxicating liquor, as defined in section 311.020, in any quantity, without taking out a license."
That law would make homebrewing illegal except for the exception made in Section 311.055, RSMo, which provides that ''No person at least twenty-one years of age shall be required to obtain a license to manufacture intoxicating liquor, as defined in section 311.020, for personal or family use. The aggregate amount of intoxicating liquor manufactured per household shall not exceed two hundred gallons per calendar year if there are two or more persons over the age of twenty-one years in such household, or one hundred gallons per calendar year if there is only one person over the age of twenty-one years in such household."
So, if you live alone and are a brewer, you can make up to 100 gallons for your own “personal or family use.” If you have another adult living with you, that doubles to 200 gallons. That’s the family limit.
The trouble appears to be in how the ATC interprets this rule. The rule states “personal or family use.” However, Lafayette E. Lacy, who is the State Supervisor of the Missouri Division of Alcohol and Tobacco Control wrote to me, explaining that a homebrewing competition would go beyond the personal of family use exception. According to Steve Shimmens, who is the Chief of Enforcement for the ATC, the rule is interpreted as limiting this use to “personal consumption.”
So, there you have it. Homebrewing competitions are illegal in Missouri.
So, how can we get it changed?
First, I would like to help you to write to your state legislators and the Governor. To do this, you first need to know your nine digit Zip Code. If you don’t know it, you can get it from the USPS. Once you have this, you can look up your legislators using the legislator lookup tool on the Missouri Senate’s site. From there, email your State Senator, your State Representative, and the Governor letting them know you would like to see this law changed to allow for homebrew competitions.
If you need some talking points, you can find several of them on the American Homebrewers Association’s website. Here is an example of some possible wording (feel free to borrow liberally from it):
Dear [insert your legislator’s name],
I am a home brewer of beer and a member of the Zymurgists of the Ozarks home brewer club. We are an organization which is designed to promote, educate, and raise awareness of our hobby.
While home brewing is legal in the state of Missouri, there are certain aspects of our hobby which remain illegal, and which I would like to see changed.
According to statute 311.055, I am allowed to brew up to 200 gallons for my family’s personal use. While this legalizes the brewing of beer, the interpretation of this law as “personal consumption” often limits the use of homebrewed beer a great deal. As an organization of homebrewers, we feel that this places undue limitation on a respectable and fun pastime. In particular, we would like to see the law changed to allow for organized home brewing related events, such as brewing competitions.
I checked with my local Liquor Control agent, who, in turn, deferred to the Chief of Enforcement. Eventually, I received a letter from the Director of the Missouri ATC. This letter stated in no uncertain terms that because of this rule, they would consider any use of home brewed beer beyond personal consumption an illegal act. However, homebrewing competitions are legal in many states in the US, and do not cause any problems in the states in which they are allowed.
I hope that you will consider supporting our hobby by helping us to legalize the organization of our fellow home brewers. We are everyday people who happen to love the combination of art and science involved in our hobby. Most of us have technical or professional occupations, are well educated, and fall in the middle-to-upper class income range. We are not irresponsible consumers of alcohol, but we do enjoy a deep understanding, knowledge, and appreciation of our favorite beverage. We are a group who has a deep knowledge of the ingredients of beer and the brewing and fermentation process. The primary reason for consuming beer is to enjoy the diverse array of flavors and aromas that can be found in beer. We approach beer much like wine connoisseurs approach fine wine.
Some key points to consider regarding the concept of allowing an AHA/BJCP sanctioned home brewing competition are:
Why allow homebrew to be used for organized events?
· The majority of homebrewers in the US enter competitions.
· There are over 300 homebrew competitions held in the US each year.
· Homebrew competitions are judged by certified beer judges.
· Judging provides feedback to homebrewers, which will help them improve their brewing skills.
· Judges go through a rigorous exam process to become certified beer judges (see www.bjcp.org for information on beer judge certification).
· Judging involves tasting very small samples (generally 1-2 oz per entry) of the beers entered.
Homebrewing serves as training for future professional brewers and brewery owners.
· The American Homebrewers Association estimates that at least 90% of professional brewers got started in brewing as homebrewers.
· Most professional brewers work for small businesses.
· Many, if not most, up-start breweries are founded by homebrewers (the top three craft breweries in the United States, Samuel Adams, Sierra Nevada Brewing Co., and New Belgium Brewing Co. were all founded by homebrewers).
· Thus homebrewing serves as training for many future owners and skilled employees of small businesses.
A little bit about our hobby:
Homebrewing was a common practice in this country even in Colonial times, and has been practiced by every culture since the dawn of agriculture. Many of our nation’s founders, including George Washington, James Madison, and Thomas Jefferson, were all home brewers.
Today, the American Homebrewers Association estimates that nearly 1,000,000 Americans brew beer and make wine at home at least once per year, and there are currently 27,000 members of the American Homebrew Association, the most definitive national organization for the hobby.
We, as home brewers, are well aware of the effects of alcohol and our personal limits, and as a result tend to be more responsible than most other consumers of alcohol. We strive to serve as examples to others for how to consume alcohol in a responsible manner. We are also the leading supporters of local commercial craft breweries. These breweries contribute jobs and tax dollars to their communities, and many, like Mother’s Brewing Company, support a variety of charitable causes in their communities.