Legal Update - Sent another letter

I sent another letter to my State Rep and State Senator today.

Essentially, I referred them to a recent bill in Oregon which passed unanimously in their house and senate and was signed into law in 2011.

Here's the body of that message:


Dear [Name],

I wrote to you a couple of days ago with some concerns over current wording in Section 311.055, RSMo, which provides: ''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."

My concern is for homebrewers and homebrew clubs who wish to organize, hold meetings, collect club dues, and hold organized, sactioned homebrewing competitions.

The issue comes into the interpretation of the phrase "personal or family use." According to a letter I received from Lafayette E. Lacy, State Supervisor of Missouri ATC, this would include only personal or family consumption of any alcohol brewed at home. I believe this is a very limited interpretation of this phrase, but that it would be best corrected through added legislation clarifying this law.

In Oregon in 2011, they passed SB444, which relaxed this guideline after the state enforcement agencies began enforcing the law more strictly. For more information about this, I highly recommend visiting http://oregonhomebrewersalliance.org/. The body of the bill is contained at the end of this message.

Homebrewers are average people who enjoy combining the art and science of brewing to create highly crafted beverages to be enjoyed not just by us, but by our friends, as well. Many of us desire to enter our creations in competitions to gain impartial feedback on our beers and processes, but that is made illegal by the current interpretation of the law. I'd like to ask that you help us to change this interpretation of the law so that we can feel free to step out and share the works of art which we produce with the help of our microscopic friend, yeast.

I hope that you'll consider changing this law, as it only works to limit the enjoyment of individuals who enjoy this hobby. We are not tax evaders or bootleggers. We are bankers, engineers, small business owners, pharmacists, and artists. We are working technical and professional people who have a passion for beer. Please help us.

Sincerely,
Benjamin Stange
Member, Zymurgists of the Ozarks

76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 1069
A-Engrossed
Senate Bill 444
Ordered by the Senate February 16
Including Senate Amendments dated February 16
Sponsored by Senator PROZANSKI, Representative SCHAUFLER;
Senators BATES, BEYER, BONAMICI, BOQUIST, BURDICK, COURTNEY,
DEVLIN, DINGFELDER, EDWARDS, HASS, JOHNSON, MONNES ANDERSON,
NELSON, OLSEN, ROSENBAUM, SHIELDS, STARR, TELFER, THOMSEN,
VERGER, WHITSETT, WINTERS, Representatives BARNHART, BERGER,
BEYER, GELSER, HOLVEY, HOYLE, HUNT, NATHANSON, ROBLAN (at the
request of Oregon Home Brewers Alliance, former Senator Rick
Metsger, former Senator Bill Morrisette) (Presession filed.)

SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Expands exemption of homemade beer, wine and fermented fruit
juice from Liquor Control Act. Allows storage at licensed
premises of malt beverages and wine made on premises by
unlicensed person and storage of homemade beer, wine and
fermented fruit juice. Allows licensee to conduct organized
judging, tasting, exhibition, contest or competition of
unlicensed malt beverages and wine or homemade beer, wine or
fermented fruit juice { + , or related events, + } at licensed
premises subject to Oregon Liquor Control Commission
restrictions.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to alcoholic beverages; creating new provisions;
amending ORS 471.403 and 471.440; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 and 3 of this 2011 Act are added to
and made a part of ORS chapter 471. + }
SECTION 2. { + (1) As used in this section and section 3 of
this 2011 Act:
(a)(A) 'Financial consideration,' except as provided in
subparagraph (B) of this paragraph, means value that is given or
received directly or indirectly through sales, barter, trade,
fees, charges, dues, contributions or donations.
(B) 'Financial consideration' does not mean any of the
following:
(i) A tax deduction or credit for donating beer, wine or
fermented fruit juice to a nonprofit organization.
(ii) An event admission charge or club or organization dues, if
the amount of the admission charge or dues is independent of the
amount of alcoholic beverages to be provided or consumed at the
event or through club or organization activities.
(iii) A prize awarded at a state or county fair or other
organized judging, tasting, exhibition, contest or competition at
which consumption of a submitted beer, wine or fermented fruit
juice is without charge and only by the entrants, submitters,
judges, exhibitors, contestants or competitors.
(iv) Homemade beers, wines or fermented fruit juices made by
other persons.
(v) Beer, wine or fermented fruit juice ingredients.
(vi) Wages and salaries paid by an educational organization for
teaching brewing, winemaking, fermentation science or
fermentation processes.
(b) 'Homemade' means made for noncommercial purposes.
(c) 'Noncommercial' means not dependent or conditioned upon the
provision or receipt of financial consideration.
(2) Except as provided in subsection (3) of this section, the
Liquor Control Act does not apply to the following:
(a) The making of homemade beer, wine or fermented fruit juice,
if the total of beer, wine and fermented fruit juice produced
during a calendar year does not exceed:
(A) One hundred gallons in a household having one person who is
21 years of age or older; or
(B) Two hundred gallons in a household having two or more
persons who are 21 years of age or older.
(b) The keeping, storage or transportation of homemade beer,
wine or fermented fruit juice.
(c) The possession of mash, wort or wash, for the purpose of
making homemade beer, wine or fermented fruit juice.
(d) Except as provided in section 3 of this 2011 Act, the
noncommercial consumption at any location of homemade beer, wine
or fermented fruit juice.
(3) Subsection (2) of this section does not exempt any person
from ORS 471.410, 471.430 or 471.432. + }
SECTION 3. { + (1) In addition to any other privilege granted
to a licensee under this chapter, a licensee may conduct an
organized judging, tasting, exhibition, contest or competition of
malt beverages and wines produced under ORS 471.403 (2) and (3)
or homemade beers, wines and fermented fruit juices, or related
events, at the premises described in a full or limited
on-premises sales license, off-premises sales license,
brewery-public house license, brewery license, winery license or
warehouse license of the licensee. However, the Oregon Liquor
Control Commission may restrict the portion of the licensed
premises that may be used for the judging, tasting, exhibition,
contest, competition or related events and may restrict or
prohibit sales of alcoholic beverages on the portion of the
premises that is being used for conducting the judging, tasting,
exhibition, contest, competition or related events.
(2) In addition to any other privilege granted to a licensee
under this chapter, a licensee may allow malt beverages and wines
produced under ORS 471.403 (2) and (3) or homemade beers, wines
and fermented fruit juices to be stored at the premises described
in a full or limited on-premises sales license, off-premises
sales license, brewery-public house license, brewery license,
winery license or warehouse license of the licensee. The malt
beverages or wines and the homemade beers, wines or fermented
fruit juices must be clearly identified by owner and kept
separate from the alcoholic beverage stock of the licensee.
(3) A licensee may not acquire any ownership interest in malt
beverages and wines produced under ORS 471.403 (2) and (3) or
homemade beers, wines or fermented fruit juices stored under this
section. However, this subsection does not prohibit a licensee
from using malt beverages and wines produced under ORS 471.403
(2) and (3) or homemade beers, wines or fermented fruit juices in
conducting an organized judging, tasting, exhibition, contest or
competition of the malt beverages and wines or homemade beers,
wines or fermented fruit juices, or related events, if the malt
beverages and wines or the homemade beers, wines or fermented
fruit juices are stored with the licensee for that purpose. + }
SECTION 4. ORS 471.403 is amended to read:
471.403. (1) { - No person shall - } { + Except as provided
in this section, a person may not + } brew, ferment, distill,
blend or rectify any alcoholic liquor unless licensed so to do by
the Oregon Liquor Control Commission. { - However, the Liquor
Control Act does not apply to the making or keeping of naturally
fermented wines and fruit juices or beer in the home, for home
consumption and not for sale. - }
(2) { - Notwithstanding subsection (1) of this section, - }
The holder of a brewery-public house license or a brewery license
may allow patrons to brew malt beverages not to exceed 14 percent
alcoholic content by volume if the brewing is conducted under the
direct supervision of the licensee or employees of the licensee.
Malt beverages produced under this subsection may not be sold by
the patron { - or consumed on the licensed premises - } .
(3) { - Notwithstanding subsection (1) of this section, - }
The holder of a winery license may allow patrons to make wine if
the winemaking is conducted under the direct supervision of the
licensee or employees of the licensee. Wine produced under this
subsection may not be sold by the patron { - or consumed on the
licensed premises - } .
{ + (4) A person may make homemade beer, wine and fermented
fruit juice as authorized under section 2 of this 2011 Act. A
person may provide assistance to another in making the homemade
beer, wine or fermented fruit juice, if the person does not
receive financial consideration as defined in section 2 of this
2011 Act for providing the assistance. + }
SECTION 5. ORS 471.440 is amended to read:
471.440. (1) { - No - } { + Except as provided in ORS
471.403 and section 2 of this 2011 Act, + }mash, wort or wash
fit for distillation or for the manufacture of spirituous
alcoholic liquors { - , shall - } { + may not + } be made,
fermented or possessed within this state by any person
{ - who - } { + that + } does not at the time own a distillery
license under the Liquor Control Act. { - This section does not
prevent the possession of mash for the purpose of manufacturing
wine, cider or beer for home consumption as provided for in ORS
471.403. - }
(2) { - No distillery shall - } { + A distillery may
not + } be set up or operated in this state for the purpose of
manufacturing alcoholic liquor for beverage purposes except by a
person duly licensed under the Liquor Control Act to operate a
distillery. Any device or process { - which - } { + that + }
separates alcoholic spirits from any fermented substance shall be
regarded as a distillery. A distillery is set up { - when - }
{ + if + } the still is in position over a furnace, or is
connected with a boiler, so that heat may be applied, although
the worm or worm tank is not in position.
(3) The finding of any mash, wort, wash or distillery in any
house, on any premises or within any enclosure, is prima facie
evidence that it was made and fermented by, or set up by, and the
property of, the person who is in possession of { - such - }
{ + the + } house, premises or enclosure.
SECTION 6. { + Sections 2 and 3 of this 2011 Act and the
amendments to ORS 471.403 and 471.440 by sections 4 and 5 of this
2011 Act apply to malt beverages, beers, wines and fermented
fruit juices made before, on or after the effective date of this
2011 Act. + }
SECTION 7. { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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