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Offline Bodhammer  
#1 Posted : Wednesday, April 03, 2013 8:24:18 AM(UTC)
Bodhammer


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Question - Is the liquor we make with our stills illegal or just "undocumented"?

Should I just ask the Associated Press? http://blog.ap.org/2013/...legal-immigrant-no-more/
Offline dieselduo  
#2 Posted : Wednesday, April 03, 2013 8:43:04 AM(UTC)
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the AP would give a burglar the moniker uninvited guest
Offline Bushy  
#3 Posted : Wednesday, April 03, 2013 10:03:03 AM(UTC)
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If you don't have the proper license and permits it is illegal, and undocumented, and untaxed. The last part is what the government is mostly concerned about.

So for gods sake don't do anything illegal.

Right now i'm in the middle of running some distilled water.
Offline John Barleycorn  
#4 Posted : Wednesday, April 03, 2013 11:09:43 AM(UTC)
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"It's never been clear to me if the hooch itself is illegal from the federal government's perspective (I'm talking about simple possession). But producing it, transporting it, selling/buying it, and distributing it are definitely illegal. What additional laws your state may layer on top is another matter and comes with its own set of potential risks. At the federal level, home distilling is considered a felony offense.

27 CFR 29.57 - Failure to register; penalty.
Quote:
Any person having possession, custody, or control of any still or distilling apparatus set up who fails to register the still or distilling apparatus is subject to a fine of not more than $10,000 or imprisonment of not more than 5 years, or both, and the still or distilling apparatus is forfeitable to the Government.


From the TTB website

Quote:

Under Federal rules administered by TTB, it depends on how you use the still. You may not produce alcohol with these stills unless you qualify as a distilled spirits plant (see earlier question). However, owning a small still and using it for other purposes is allowed. You should also check with your State and local authorities - their rules may differ.

A still is defined as apparatus capable of being used to separate ethyl alcohol from a mixture that contains alcohol. Small stills (with a cubic distilling capacity of a gallon or less) that are used for laboratory purposes or for distilling water or other non-alcoholic materials are exempt from our rules. If you buy a small still and use it to distill water or extract essential oils by steam or water extraction methods, you are not subject to TTB requirements. If you produce essential oils by a solvent method and you get alcohol as a by-product of your process, we consider that distilling. Even though you are using and recovering purchased alcohol, you are separating the alcohol from a mixture -distilling.

You may not produce spirits for beverage purposes without paying taxes and without prior approval of paperwork to operate a distilled spirits plant. [See 26 U.S.C. 5601 & 5602 for some of the criminal penalties.] There are numerous requirements that must be met that also make it impractical to produce spirits for personal or beverage use. Some of these requirements are paying special tax, filing an extensive application, filing a bond, providing adequate equipment to measure spirits, providing suitable tanks and pipelines, providing a separate building (other than a dwelling) and maintaining detailed records, and filing reports. All of these requirements are listed in 27 CFR Part 19.

Spirits may be produced for non-beverage purposes for fuel use only without payment of tax, but you also must file an application, receive TTB's approval, and follow requirements, such as construction, use, records and reports.
"
Offline Bodhammer  
#5 Posted : Wednesday, April 03, 2013 11:50:54 AM(UTC)
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I have decided that I'm not calling mine illegal, just "undocumented"! :)
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