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Offline Maddawgs  
#1 Posted : Tuesday, June 11, 2013 7:14:23 AM(UTC)
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Thanks for setting this up Rick. Hope this gets the discussion going. I think as as start one possible solutuion is just to add distillation to whatever law or rules allow home hobbiests to make beer and wine. This seems to me to be the easiest course.
Maddawgs
Offline hillbilly mike  
#2 Posted : Tuesday, June 11, 2013 7:31:15 AM(UTC)
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Hey guys Im new here but yes we are working with Rick on this. I am the owner of Hillbilly stills. Were trying to work together with everyone to help anywhere we can. My son just found a Bill that was proposed in 2001 but it never left the floor. It was introduced to the ways and means committee.
If anyone has any experience with something like this Please give advice. I truly believe this can be done but it is going to be a long road.
The bill was H.R.3249, it was introduced by Bart Stupak of Michigan. It seems it got stuck and was never brought up.
Offline hillbilly mike  
#3 Posted : Tuesday, June 11, 2013 8:05:31 AM(UTC)
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Offline ace_of_spades  
#4 Posted : Tuesday, June 11, 2013 7:31:19 PM(UTC)
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Maybe contact that tv show, and see if they could post the petition site on the show
Offline Maddawgs  
#5 Posted : Wednesday, June 12, 2013 12:35:37 AM(UTC)
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Originally Posted by: hillbilly mike Go to Quoted Post
http://www.thepetitionsite.com/1/LegalizeHomeDistilling/

Hi Mike,
Thanks for posting the link. I have also seen it on the new distillers group on Yahoo and was going to post the link I got this morning. This one seems to be getting some traction. There are already 191 signatures (including mine). This petition site has a good track record for getting things changed and I have used them in the past for a few other bills that did get passed. If you go to the site and read the petition, they have done a good job of laying it out. Thanks again for posting it.
Maddawgs
Offline bobbbny  
#6 Posted : Thursday, June 13, 2013 1:55:55 PM(UTC)
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Rick,
Why would you comply with this unlawful request?
Since when does the government need the names of people who made lawful purchases?
What's next?
The names of people who bought what?
Stall them & call the ACLU.
This is outrageous.
You know that they will be putting you out of business eventually, don't you?
Bob.
Offline admin  
#7 Posted : Thursday, June 13, 2013 3:51:13 PM(UTC)
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Unfortunately, it is not an unlawful request. It was discussed at length with an attorney who specializes in TTB regulations, and they advised that the TTB has the legal authority to request and enforce non-compliance. Unfortunately, the TTB also gets to write and interpret the regulations, so they basically have full control in one government agency.
Offline chooch  
#8 Posted : Friday, June 14, 2013 12:07:21 AM(UTC)
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Rick
Is it possible to give us a time frame of when that list will be submitted?
Offline scotty  
#9 Posted : Friday, June 14, 2013 12:22:14 AM(UTC)
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Bob you are an annoying person-- We are Americans and don't call the ACLU-- (((Stop trying to instigate fear for your own purposes )). You never even followed the rule which requires folks to introduce themselves.
I hope your name goes in first. I know mine is on the list- I have an entire room in my home dedicated to brewing- :) :)
Offline John Barleycorn  
#10 Posted : Friday, June 14, 2013 12:45:13 AM(UTC)
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"
Quote:
Why would you comply with this unlawful request?

Unfortunately, it [COLOR=""#FF0000""]is[/COLOR] the law.

27 CFR 29.47: Notice requirement; manufacture of stills. ([COLOR=""#FF0000""]emphasis[/COLOR] added)
Quote:

(a) General. When [COLOR=""#FF0000""]required[/COLOR] by letter issued by the appropriate TTB officer and until notified to the contrary by the appropriate TTB officer, [COLOR=""#FF0000""]every person who manufactures any still, boiler (double or pot still), condenser, or other apparatus[/COLOR] to be used for the purpose of distilling shall give written notice before the still or distilling apparatus is removed from the place of manufacture.
(b) Preparation. The notice will be prepared in letter form, executed under the penalties of perjury, and show the following information:
(1) The name and address of the manufacturer;
(2) [COLOR=""#FF0000""]The name and complete address of the person by whom the apparatus is to be used[/COLOR], and of any other person for, by, or through whom the apparatus is ordered or disposed of;
(3) The distilling purpose for which the apparatus is to be used (distillation of spirits, redistillation of spirits or recovery of spirits, including denatured spirits and articles containing spirits or denatured spirits);
(4) The [COLOR=""#FF0000""]manufacturer's serial number[/COLOR] of the apparatus;
(5) The type and kind of apparatus;
(6) The distilling capacity of the apparatus; and
(7) The date the apparatus is to be removed from the place of manufacture.

(c) Filing. [COLOR=""#FF0000""]The notice will be filed in accordance with the instructions in the letter[/COLOR] of the appropriate TTB officer. A copy of the notice will be retained at the place of manufacture as provided by § 29.59.


IANAL but ""[COLOR=""#FF0000""]When required by letter[/COLOR] issued by the appropriate TTB officer ... shall give written notice [COLOR=""#FF0000""]before[/COLOR] the still or distilling apparatus is [COLOR=""#FF0000""]removed[/COLOR] from the place of manufacture."" I believe a strong argument could be made that a manufacturer has no obligation to provide notice of stills shipped [COLOR=""#FF0000""]prior[/COLOR] to receiving a letter from the TTB officer ... since the requirement did not exist prior to actually receiving a letter from the TTB."
Offline John Barleycorn  
#11 Posted : Friday, June 14, 2013 12:49:57 AM(UTC)
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I'm thinking posts #6 - #10 should probably be moved to the TTB Inquiry thread since we wandered off topic, no?
Offline LooyvilleLarry  
#12 Posted : Friday, June 14, 2013 1:02:00 AM(UTC)
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Originally Posted by: John Barleycorn Go to Quoted Post
I'm thinking posts #6 - #10 should probably be moved to the TTB Inquiry thread since we wandered off topic, no?


Uh, I think the TTB inquiry thread got deleted. Maybe we can ask the NSA to restore it. RollEyes
Offline John Barleycorn  
#13 Posted : Friday, June 14, 2013 1:32:19 AM(UTC)
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It was sort-of restored here: http://www.brewhausforum...ead.php?3680-TTB-Inquiry
Maybe one of our forum members works for the NSA! lol
Offline RedRex  
#14 Posted : Friday, June 14, 2013 8:33:57 AM(UTC)
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I'm pretty cornfused. I could have sworn I had a post here. Did it get removed?
Offline admin  
#15 Posted : Friday, June 14, 2013 8:51:40 AM(UTC)
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...probably removed by some yet to be discovered secret government agency. RollEyes
Offline Maddawgs  
#16 Posted : Friday, June 14, 2013 9:22:01 AM(UTC)
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Originally Posted by: John Barleycorn Go to Quoted Post
I'm thinking posts #6 - #10 should probably be moved to the TTB Inquiry thread since we wandered off topic, no?

Thanks JB,
This thread has gotten a bit sidetracked. My intent on "getting the process started" was to get a discussion going on the legalization of home distilling. If the TTB is truly on some sort of a witch hunt then legalizing our hobby is our only hope. I would suggest we stop complaining about something that we can do nothing about (Rick has to comply with the TTB request-period) and start acting on something we can. Mike from hillbillystills has posted a link at the start of this thread to a petition that is a good start. Go to the site and read the petition. I have supported some of the petitions on this site in the past and they have a proven history of getting things changed.
Maddawgs
Offline admin  
#17 Posted : Friday, June 14, 2013 9:40:14 AM(UTC)
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I agree. I started the Legalization section to be specific so that we can focus efforts on legalization. That will require some discussion, obviously, but we need this section to remain very focused so that we can see a strong, viable legalization effort as a result. Lengthy discussion will make it too much to wade through for the substance that will become (hopefully) a successful path.
Offline admin  
#18 Posted : Friday, June 14, 2013 10:00:25 AM(UTC)
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Let's get back on track...
Quote:
Thanks for setting this up Rick. Hope this gets the discussion going. I think as as start one possible solutuion is just to add distillation to whatever law or rules allow home hobbiests to make beer and wine. This seems to me to be the easiest course.
Maddawgs

This seems like the simplest approach, but given that the TTB is part of the Treasury (and hence only interested in tax dollars), I wonder if it would prove to be a successful path. Do I personally feel that hobby distillation should be any different from hobby brewing or winemaking? No, of course not. However, if the TTB thinks that they are losing more tax dollars (they can add up faster with spirits than beer or wine- yes, I know that people will not consume as much distilled spirit as beer, but I am trying to play devil's advocate a little here), then they are going to want to recover those. There are likely two viable options, as they would see it:

1) Stomp out hobby distilling.
You and I know that using the lists obtained to go after hobbyists will only serve to drive hobby distillers more underground. They will build instead of buy (reducing income tax on those selling equipment, but that's another story), and there will be less open discussion due to fear of prosecution, all of which only results in more danger due to unsafe equipment (in cases) and lack of knowledge. But, ultimately, they will never stop hobby distilling. (And look at all of the revenue from micro-distilleries as a result of hobby distilling turned commercial- do they really want to stop it??)

2) Recover those lost tax dollars.
Creating a Hobby Distiller's License would both bring in the lost tax revenue (and likely more), and reduce the costs associated with going after the hobbyist. This is even more of a good option (for the TTB) with the TTB pulling these lists, as people would be on the list. If they do not purchase the license then the TTB knows that the person is either not distilling alcohol or distilling illegally. Just throwing out a figure- a $100 per year license would be equal to the excise tax on nearly 50 bottles (750ml) of vodka. How many hobby distillers would realistically purchase that many bottles of spirits in a year? Very few. So, the lost revenue would be more than made up. A realistic number is probably more like $50 per year (that is still roughly 24 bottles of spirits per year, or one every couple of weeks!).

While I would be a bit put off by option 2, as I stand by my opinion that hobby distilling should fall under the same rules as hobby brewing and winemaking, I think that option 2 offers something that could gain a footing with the TTB, as you give them back the revenue that they feel they are losing. If you remove that from the equation then you should remove at least a reasonable amount of resistance with it. It would still be an uphill battle, but I don't think that the slope is quite as steep as just pushing for distillation to be moved under the same rules as brewing.
Offline magnaman13  
#19 Posted : Friday, June 14, 2013 1:15:54 PM(UTC)
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"I am magnaman13,
I have signed the petition and I really believe our hobby is not fully understood by many. We do not make anything more than what our wash contains.
Maybe limiting still size and or Btu values used could help our hobby. I think the fear of a bunch of little distillers making and selling their product with out control is unnerving to those in power. I made beer long before it was lagit and have never had any urge to sell any of it. Guide lines with reason may help our cause."
Offline futurenmc  
#20 Posted : Friday, June 14, 2013 5:31:40 PM(UTC)
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Hello all, although i am new to this forum distilling has been a hobby of mine for quite some time and the advance to legalize has always been in my mind. There is one thing that must be strongly considered when dealing with political moves and sorts. Professionalism...OR for lack of a better term being "politically correct". I have read Mikes petition, which can be found here http://www.thepetitionsi...LegalizeHomeDistilling/, and although I agree with all the statements made in his writings our push for legalization will never move forward unless we can make the subject attractive to the everyday person. And what i mean by this, and i don't mean to insult, judge, or criticize anything said, is that this subject needs to be portrayed so that anybody that reads or hears anything on the subject doesn't perceive it as a bunch of drunkin' rednecks trying to bring back the good ole days. We need to work together to construct a petition, i would launch it here https://petitions.whitehouse.gov/petition/create, that is so legally and politically appealing it is as though it came right off of a lawyers desk. I will use a recent petition as an example(Im not choosing sides nor encouraging decision on this subject nor our current leadership) Several months ago the Obama administration suspended Military Tuition assistance (TA), the petition can be found here https://petitions.whiteh...-suspension-ta/kSyVdySm, there were SEVERAL petition made on this very subject but due to the professionalism, accurate facts, and the most surprising...the TITLE, this one has surpassed the required signatures(Now raised to 100,00) by a land slide. SO I guess what I'm getting at is that if we know anyone or if anyone has the know how or ability or time required, I suspect that this is how we will reach our goal. I will sit down over the next several days and see what i can come up with for drafts on the subject. I strongly agree with the idea for a push by Creating a Hobby Distiller's License, I believe there is serious potential and that we could really gain some ground if this is put in front of the TTB. As ADMIN stated above the TTB already has your information if you purchased distillation equipment so the process would be relatively easy. I appreciate everyone's understanding and for reading my rant on this topic.
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