RE: [new_distillers] Re: Changes to 26 USC for Legalization
In trying to legalize hobby distilling we are not trying to gain approval as DSPs. That is licensing for commercial operations.
I found this listed under Cornell University Law (dated June 2013), and this might hurt our cause to make hobby distilling legal.
(3) Secretary may establish minimum capacity and level of activity requirements
The Secretary may by regulations prescribe for each type of operation minimum capacity and level of activity requirements for qualifying premises as a distilled spirits plant.
From: Rick <rick@...>
Sent: Friday, July 26, 2013 11:10 AM
Subject: [new_distillers] Re: Changes to 26 USC for Legalization
While this would be great for the craft distilling interests, the process will be fraught with many obstacles along the way. As a founding member of the Florida Craft Distillers Guild (http://floridadistillers.org/support-house-bill-347/ also at https://www.facebook.com/pages/Florida-Craft-Distillers-Guild/476554902369418 ) we went through the process of simply trying to change the law to allow a craft distiller to sell their product to the public at their distillery. We had to hire a lobbyist at a cost of many thousands of dollars. We were successful but it was a complicated process getting the state legislators to support and pass the bill and then the governor to sign it.
When the US ended Prohibition, it was only able to pass the bill by giving control of alcohol beverages to the individual states. That's why we have so many different laws governing alcohol manufacturing, distribution and consumption - every state has it's own laws. As you probably know, Jack Daniels' distillery is located in a dry county - you can't buy a bottle of Jack Daniels in the town where it is made.
So, getting your local Congressman to support the bill is one thing but my bet is that there is also going to have to be someone representing the 'home distilling' group interests up on the Hill...a lobbyist, who will call on all of the Congressional Represenatives to garner support...or it will just die on the vine.
Remember, the spirits industry has MANY vested interests...and they are HUGE and they are international...and they BIG dollars. The last thing they want is any thing (no matter how small) that might grow into something that might start encroaching on their market share.
I'm behind this and will contact my congressman.
--- In email@example.com, "allibugger" <allibugger@...> wrote:
> This post is directed at all members who reside in the USA. I assume anyone reading this message is aware that the distillation of alcohol in any amount without a permit from the ATF (Alcohol Tobacco and Firearms) is against Federal laws. It is also agaist all state laws that I know of except Missouri. I also assume that most members of this forum are aware that recently the TTB (Alcohol and Tobacco Tax Trade Bureau) sent a demand letter to all of the major manufacturers/sellers (read the ones they could identify) requiring them to send the TTB a list of the names and adddresses of everyone they sold a distilling apparatus to during the past 3 years. Going forward this list of customer's names/addresses is to be submitted quarterly. What the TTB intends to do with this list is unknown to those of us not connected with the TTB.
> There is a petition going around to supossedly be sent to Congress requesting that hobby distilling be legalized. Many of you may have signed it - some have expressed concern about putting their real name on something that is currently illegal.
> During the past several months members on the Brehaus Forum have been working very hard on a change to the current legislation that we think will fix the law. Basically what this change does is put hobby distillers on a par with the beer and wine makers who are allowed to produce up to 200 gallons of beer or wine a year without a permit. The proposed change would allow anyone to distill as much or as little of the currently legal amount of beer (mash) of 200 gallons. Put another way, you would be able to ferment up to 200 gallons of mash per year per household and distill some of it or all of it.
> To access this proposal, go to www.brewhaus.com and go to the bottom of the left side of the home page and find Forum. That will take you to the Form page - open that and click on Legalization. The 2nd topic is 26 USC for Legalization. At the bottom of the 1st post is the document: hd-legalization-1.0.pdf. Open that doc and read it. It is open - you can add or subtract from it as you see fit.
> Now comes the hard part. We need to get this proposal to as many Congressmen/Women as possible. They are busy fighting and this proposal will not make the Feds a dime. What it will do save the TTB money because they wouldn't have to worry about collecting $27.00 from everyone who makes 2 gallons of untaxed hooch. Do you know a corgress person? Do you know someone who does? Send this proposal to them. Meet them at a tomnhall metting and hand it to them. Make an appointment and go to their office. Don't be afraid to start with one of their aids as long as somebody listens to you. Attached is a shortcut you can copy and paste in your browser: http://www.brewhausforum.com/attachment.php?attachmentid=889&d=1373544747
> If you have questions on how to proceed, send me an email. Thanks for reading. Alli
- John et al.,
Sorry guys but I never got permission from the moderator to post this spreadsheet. You will have to get it the from the Brewhaus forum, Legalization, Tracking File for Legislators.
The latest update is today. Since this post we have added Texas, Kentucky and Illinois. We need someone to contact Senator Robert C. Casey, Senator of Pennsylvania. He just said he was pushing to lower the tax rate on small breweries in Pittsburgh and across the country. See my post on the Brewhaus forum; Legalization, Goal #2.
I may be contacted personnaly at allibugger@.... We are starting to roll - let's keep the ball moving. Thanks. Alli
--- In firstname.lastname@example.org, "tgfoitwoods" <zymurgybob@...> wrote:
> I sure wouldn't object.
> Zymurgy Bob, a simple potstiller Making Fine Spirits
> --- In email@example.com, "jsducote" wrote:
> > Alli,
> > Would you object to posting (or uploading to the files area) your
> spreadsheet of who has been contacted and what their response has been
> (favorable/unfavorable/unresponsive)? I think it might be helpful in
> establishing a sort of domino effect if the supportive congresspersons
> are used to help influence others.
> > Would anyone object if it were posted/updated monthly? Or are
> quarterly updates more appropriate?
> > -john
> > --- In firstname.lastname@example.org, "allibugger" allibugger@ wrote:
> > >
> > > Well folks we are making progress. Congressional representatives
> have been contacted in California, Florida, Massachusetts, North
> Carolina Texas and Virginia. Now is a great time to check your
> congressmans/womens websites - they may be doing townhalls in your
> neighborhood while they are out for the August break. Go to the
> attached link for copies of the proposed legislation, a great power
> point presentation and information on how to contact your congressional
> folks. Thanks for your help. Email or post questions.
> > > Alli
> > > http://www.brewhaus.com/Legalize-Hobby-Distilling.aspx
> > >