Thread: Selling Wine
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Old 30-10-2003, 11:32 PM
Negodki
 
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Default Selling Wine

"Dave Stacy" wrote:

Nic is right about giving it away. That's a "no-no". The law says for
YOUR and your family household members personal consumption. You can't
give it away.
Just a footnote here.........and ATF agent recently told me that
technically you can't even serve it to friends in your home so that
rules out parties.


The law's not quite that strict, Dave, although the language is deliberately
ambiguous:

(f) Removal. Wine produced under this section may be removed from the
premises where made for personal or family use including use at organized
affairs, exhibitions or competitions, such as home winemaker's contests,
tastings or judgings, but may not under any circumstances be sold or offered
for sale. (Sec. 201, Pub. L. 85-859, 72 Stat. 1331, as amended (26 U.S.C.
5042))

Since the word "including" is used, there is an implication that there are
other permitted "removals" than those listed. One could argue that a party
is an "organized affair", or even an "exhibition" or (if it is a fraternity
party) a "competition"; or that they are sufficiently similar to be
"included" in permitted uses. A hard-nosed Treasury agent or federal justice
might interpret it differently. One court has ruled that "in-laws" are not
"family" for purposes of this code section. Another has ruled that "family"
includes even casual acquaintances. Both are now deceased, and it's anyone's
guess how the current circuit court will interpret this (or any) law.

Ain't government regulation fun?