"sara1" wrote in message ...
My ex-husband is trying to come up with reasons to take me back to court
over custody . . . his only "real" complaint that I am concerned with is
that he is bringing up the fact that I make my own wine. Here in the
South
women shouldn't be drinking, much less making it in their washroom!!!

Pardon my French, but your ex sounds like a bunghole!

I'm sure the atf.gov site has the law spelled out in great detail, but it
amounts to this:

A maximum of 100 gallons of wine or beer per year, per adult resident (to a
maximum of 200 gallons total) may be produced at home for consumption on the
home premises. There is no tax on this production. You are not permitted
to distill the product.

This law was in effect even during prohibition, and remains so today - even
in dry states. Needless to say, the sale of wine grapes was very healthy in
those days.

Tom S

Let the newsgroup scroll proclaim that "sara1" scribed
upon its pages in :

My ex-husband is trying to come up with reasons to take me back to
court over custody . . . his only "real" complaint that I am concerned
with is that he is bringing up the fact that I make my own wine. Here
in the South women shouldn't be drinking, much less making it in their
washroom!!! I don't sell. I drink it myself and occasionally share
some with family members when they visit. He's making it sound like I
am brewing moonshine in the basement for goodness sake and these small
town good ole boys may not know the legalities of home winemaking
right off the top of their heads, so I would like to be prepared. Can
anyone point me to a website or other source where I can really get
educated on the laws of homebrewing? Thanks in advance. Sara



Found the answer on the Tenn. Sec. of State website:

39-17-708. Home manufacture of wine or beer excepted.

(a)* Notwithstanding the provisions of this part, a private individual in
such person's own home may manufacture and possess wine or beer in an
amount not in excess of that amount annually permitted as of January 1,
1997, by federal statutes and regulations relative to household
manufacture and consumption; provided, that the wine or beer is for
personal consumption by members and guests of the household. Such wine or
beer may also be transported by such person, member or guest without
being in violation of this part; provided, that the amount being
transported at any one (1) time shall not exceed five (5) gallons.*


So, forget the ex. Make your wine, up to 100 gallons (federal
statute), just don't tote over 5 gallons in the car.


--
Allen McBroom
www.NPSTKD.com
Remove WOOF when replying by email

"Dave Allyn" wrote:

Another case in point: Gay/lez weddings. Mass. just said they are
okay. Federal gov is now (under Bush) working on passing a federal
law to say gay/lez not okay. If they can get it into the
constitution, the state is screwed.

The Federal government has no authority to pass such a law, and there is no
such law being "worked on" by the Federal government, or the Bush
Administration, or even the Birch John Society. For "them" to "get it unto
the Constitution would require approval by a majority of the states. Most
states would decide the issue by putting the matter to a vote. (Some states
would only put it to a vote in their legislature). If such an amendment
would be approved, it would represent the will of the people. That's called
"democracy". No screwing of the State of Massachusetts would occur. There
would also be no reduction of screwing in Massachusetts, just in Federal and
State subsidies of certain relationships.

Furthermore, it was the Massachusetts Courts which "just said they are
okay", in direct apposition to the will of the majority of the people in
Massachusetts --- thus putting another nail into the coffin of democracy.

Sounds bitter and you better get a good lawyer and be careful what you admit
too. I had some exchanges with ATF last year over this and their
interpretation was that you can, under the right conditions and environment,
make your own wine for personal use in your home. The law does NOT give you
the right to sell it or even give it to others or even share it with others
in places other than your own home. Granted, these are not provisions
normally enforced but there are lots of laws on the book that are only used
when they really want to get someone.

Once again, get a good lawyer.

Ray

"sara1" wrote in message ...
My ex-husband is trying to come up with reasons to take me back to court
over custody . . . his only "real" complaint that I am concerned with is
that he is bringing up the fact that I make my own wine. Here in the
South
women shouldn't be drinking, much less making it in their washroom!!! I
don't sell. I drink it myself and occasionally share some with family
members when they visit. He's making it sound like I am brewing moonshine
in the basement for goodness sake and these small town good ole boys may
not
know the legalities of home winemaking right off the top of their heads,
so
I would like to be prepared. Can anyone point me to a website or other
source where I can really get educated on the laws of homebrewing? Thanks
in advance. Sara

"sara1" wrote in message ...
My ex-husband is trying to come up with reasons to take me back to court
over custody . . . his only "real" complaint that I am concerned with is
that he is bringing up the fact that I make my own wine. Here in the South
women shouldn't be drinking, much less making it in their washroom!!! I
don't sell. I drink it myself and occasionally share some with family
members when they visit. He's making it sound like I am brewing moonshine
in the basement for goodness sake and these small town good ole boys may not
know the legalities of home winemaking right off the top of their heads, so
I would like to be prepared. Can anyone point me to a website or other
source where I can really get educated on the laws of homebrewing? Thanks
in advance. Sara


Assuming the kids aren't finding you splayed out on the washroom floor
every night surrounded by empty bottles, you're not wandering the
streets while intox and you don't have any recent DUIs, I'd say hubbie
has a pretty skinny case. You're making wine for enjoyment and for
friends sounds fiscally responsible, and the 1997 World Health
Organization concludes "moderate" consumption has certain coronary
health benefits. Where is the harm? There is absolutely nothing
morally, ethically or legally wrong with offering one of your best
bottles (handsomely labeled) to Hizzoner (via your atty) as evidence
that your hobby is a finely-honed craft, not a white-lightning
basement laboratory. Clean up the washroom, take pix of your
collection and present them if need be to eliminate the "moonshine
still" visual your husband may attempt to impart.

"quakeholio" wrote in message
. 77.201...
One point to bring out, dosen't federal law trup all local laws?


"Negodki" wrote in
:

"sara1" wrote in message
...
My ex-husband is trying to come up with reasons to take me back to
court over custody . . . his only "real" complaint that I am
concerned with is that he is bringing up the fact that I make my own
wine. Here in the
South
women shouldn't be drinking, much less making it in their washroom!!!
I don't sell. I drink it myself and occasionally share some with
family members when they visit. He's making it sound like I am
brewing moonshine in the basement for goodness sake and these small
town good ole boys may
not
know the legalities of home winemaking right off the top of their
heads,
so
I would like to be prepared. Can anyone point me to a website or
other source where I can really get educated on the laws of
homebrewing? Thanks in advance. Sara

The applicable US statute can be found at
http://www.atf.gov/alcohol/info/faq/subpages/24_75.htm.

Home winemaking has NEVER been illegal in Tennessee, even during
prohibition. [Commercial winemaking was illegal from 1911 until, in
the late 1970's, home winemaker Judge William O. Beach (of
Clarkskville) pioneered legislation that revived Tennessee's
commercial wine industry.]

However, them churchgoing rednecks might still be judgmental about a
lady involved in such sinful activities, no matter what them
pointyhead politicians have to say about it. If I recall, Lynchburg,
TN, home of Jack Daniels, is dry county!




Yes, there is a Supremacy clause in the Constitution, but in areas the feds
don't have jurisdiction in, no, it doesn't apply. Interstate commerce and
tax are 2 big federal hooks. The homebrew exemption is for tax puposes, so
it leaves issues like health and safety of alcohol to local state laws and
restrictions.

No, it's not straightforward or clear.

"Negodki" wrote in message
...
"sara1" wrote in message ...
My ex-husband is trying to come up with reasons to take me back to court
over custody . . . his only "real" complaint that I am concerned with is
that he is bringing up the fact that I make my own wine. Here in the
South
women shouldn't be drinking, much less making it in their washroom!!! I
don't sell. I drink it myself and occasionally share some with family
members when they visit. He's making it sound like I am brewing
moonshine
in the basement for goodness sake and these small town good ole boys may
not
know the legalities of home winemaking right off the top of their heads,
so
I would like to be prepared. Can anyone point me to a website or other
source where I can really get educated on the laws of homebrewing?
Thanks
in advance. Sara

The applicable US statute can be found at
http://www.atf.gov/alcohol/info/faq/subpages/24_75.htm.

Home winemaking has NEVER been illegal in Tennessee, even during
prohibition. [Commercial winemaking was illegal from 1911 until, in the
late
1970's, home winemaker Judge William O. Beach (of Clarkskville) pioneered
legislation that revived Tennessee's commercial wine industry.]

However, them churchgoing rednecks might still be judgmental about a lady
involved in such sinful activities, no matter what them pointyhead
politicians have to say about it. If I recall, Lynchburg, TN, home of Jack
Daniels, is dry county!


Yes, since another poster cleared up the state law issue, the real issue is
how it plays in court. Particularly with custody, safety of the children
will be a huge issue: Expect questions like:

- Just how much wine do you consume/brew?

- Do you drink responsibly or get drunk when in charge of the children?

- Do you store the wine in locked areas, or are the children in danger of
alcohol poisoning from drinking the wine?

- Do you drink after the children are in bed, or are they exposed to
watching wine being drunk and brewed?

Those kinds of questions are the ones which can count in a custody dispute.

"Ray" wrote in message
igy.com...
Sounds bitter and you better get a good lawyer and be careful what you
admit
too. I had some exchanges with ATF last year over this and their
interpretation was that you can, under the right conditions and
environment,
make your own wine for personal use in your home. The law does NOT give
you
the right to sell it or even give it to others or even share it with
others
in places other than your own home. Granted, these are not provisions
normally enforced but there are lots of laws on the book that are only
used
when they really want to get someone.

Once again, get a good lawyer.

Ray

Always wise in custody disputes, which tend to get complicated and nasty.
What is admissable and relevant, what has an adequate foundation vs.
speculation and accusation are very important when the mud is slinging. The
stakes are high. All reasons to get a lawyer if you possibly can.



"sara1" wrote in message ...
My ex-husband is trying to come up with reasons to take me back to court
over custody . . . his only "real" complaint that I am concerned with is
that he is bringing up the fact that I make my own wine. Here in the
South
women shouldn't be drinking, much less making it in their washroom!!! I
don't sell. I drink it myself and occasionally share some with family
members when they visit. He's making it sound like I am brewing
moonshine
in the basement for goodness sake and these small town good ole boys may
not
know the legalities of home winemaking right off the top of their heads,
so
I would like to be prepared. Can anyone point me to a website or other
source where I can really get educated on the laws of homebrewing?
Thanks
in advance. Sara