Georgia Still ownership laws

[bluestang50]

I am under the impression that in some states it is illegal to own a still without having a DSP. Is this the case in Georgia, and if so how are you supposed to start building your distillery before you get your federal and state permits? I have been through Georgia's laws and can not find anywhere the laws where it talks about ownership. Any help is appreciated.

[DrewKulsveen]

Georgia may not have a specific law regarding registration or possession of a still, but rather require that you to have a state permit which they won't issue until you have your federal permit. You can find the regulation by searching 27CFR 29.55 regarding the registration requirements.

[porter]

From what I've read it will always fall back to the federal laws taking precidence over state. If state says an individual can't, but fed says you can (and fed laws say you can own a still by the way) then federal over-rides the state.

Works the other way also. Missouri includes 'spirits' in their 200 gallon yearly family limit of wine, beer, and spiriteous products. But we all know what the federal law says about that.

There are some other federal limits on private ownership of a still regarding size and usage, but that's a different issue.

You could always apply for a federal fuel ethanol permit, bypassing any Georgia laws while you're building the business.

[SDI]

I am under the impression that in some states it is illegal to own a still without having a DSP. Is this the case in Georgia, and if so how are you supposed to start building your distillery before you get your federal and state permits? I have been through Georgia's laws and can not find anywhere the laws where it talks about ownership. Any help is appreciated.

"BLUE STANG": YUP, ALL PRODUCTION OF BEVERAGE ETHANOL REQUIRES FEDERAL APPROVAL. GEORGIA CERTAINLY REGULATES IT AS WELL. IF NOT THEM I AM MOVING THERE ASAP. LOL. I OWN SARATOGA DISTILLERIES IN NEW YORK AND AM ALSO A LAWYER. THE FED APPROVAL PROCESS IS ONEROUS. YOU WILL NEED THE ASSISTANCE OF A LAWYER. CHECK OUT MYWEBSITE, WWW.SARATOGADISTILLERIES.COM. I CAN HELP W/FED ISSUES BUT YOU WILL NEED A GEORGIA EXPERT AS WELL. RICH DEVALL

[JImbob]

I am very familiar with GA law - you must have FEDERAL permits to own a still. Period. (I dont like it either) JH

[swb]

Bluestang50,

Not sure about Georgia laws, but in Virginia it is illegal to own a still. So how does one go about legally buying a still and setting up shop? We have to apply for a Virginia State pending permit. Then one can legally purchase a still and set up a distillery. How did I find this out? I contacted the VA Department of ABC.

Just a word of caution - in my dealings with state and federal issues, you are held to both, and you would comply with both, including the most stringent. Plus, you want to maintain a working relationship with the state authorities as well as the federal ones. After all, you are locating your business in that state, and your dead in the water without compliance. Don't forget local authorities, either.

Contact your state ABC department, get to know your region's agent. You'll discover what you need to know.

Best of luck!

Sharon

Virgilina Distilling Co.