Red

Missouri distilling regulations

7 posts in this topic

Hey guys,

I have distilling TTB regulation knowledge of another state and I recently moved to Missouri and am not as familiar with their policies.

I have found some conflicting info. I believe it is legal to distill for your own personal use up to 150 gals per year in Missouri without a license. Does anyone know if that is true?

Thanks for any info or help in advance.

-Red

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Regardless what the state law allows, the federal law does not allow for distillation for person use.

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"License to manufacture not required, personal or family use--limitation.

311.055. No person at least twenty-one years of age shall be required to obtain a license to manufacture intoxicating liquor, as defined in section 311.020, for personal or family use. The aggregate amount of intoxicating liquor manufactured per household shall not exceed two hundred gallons per calendar year if there are two or more persons over the age of twenty-one years in such household, or one hundred gallons per calendar year if there is only one person over the age of twenty-one years in such household."

But this is trumped by the Federal Regulations that prohibit distilling without a distilling plant permit:

FAQ on TTB Website: "You cannot 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 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."

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It is, however, interesting that if you want to distill as a hobby in Missouri, you can with a federal license alone. I doubt that is true of very many other states. It's meaningful because the basic threshold for obtaining a federal permit is now pretty low. Since you're not talking about a business it's unlikely there are any other local laws to consider, making hobby distilling in Missouri a realistic option.

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It is, however, interesting that if you want to distill as a hobby in Missouri, you can with a federal license alone. I doubt that is true of very many other states. It's meaningful because the basic threshold for obtaining a federal permit is now pretty low. Since you're not talking about a business it's unlikely there are any other local laws to consider, making hobby distilling in Missouri a realistic option.

Excellent observation....

And that's why I would really back something from the fed level exempting the first 200 gallons of product from taxation. Or allow them to apply for a permit allowing up to the 200 p/gal limit for maybe $200 a year and that would cover taxation, etc. without the home distiller needing anything from the state level. Of course, you couldn't sell anything, just for fun.

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Oh yeah, taxes. Can't forget them. Good point.

How do farm-based fuel ethanol producers avoid it? I assume by rendering their product unpotable.

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Oh yeah, taxes. Can't forget them. Good point.

How do farm-based fuel ethanol producers avoid it? I assume by rendering their product unpotable.

That's correct. Ethanol is the only non-poisonous product which is forced to be made poisonus prior to leaving the facility. If you have a fuel ethanol permit you better also have invoices for purchasing the additive. They are that smart. Doesn't mean it all gets treated, just that you bought the additive. But they might catch on when they see you making product from good 2 row or pure cane molasses. And the aging barrels are a real giveaway........

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