I was thinking of donating some bottles of my homebrew to a charity as some prizes as part of a raffle. But I don't want to get anyone in trouble and I'm not clear on the legal issues involved. The meads would be part of a general pool of prizes, not something entered for specifically. They would also be open only to adults of drinking age (of course).
Homebrew Giveaway Question
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As long as you don't receive compensation, you should be ok. I know another member here (Soyala, I believe) did something similar.
The only potential snag I can see would be that the mead is still technically being sold in a raffle through raffle ticket purchases.
I'm sure there is some risk of being caught by the TTB, but I can't imagine they'd make a big fuss over something so trivial...or that they'd even notice. Hopefully someone with a better understanding of the laws can chime in with a more definitive answer.
The only potential snag I can see would be that the mead is still technically being sold in a raffle through raffle ticket purchases.
I'm sure there is some risk of being caught by the TTB, but I can't imagine they'd make a big fuss over something so trivial...or that they'd even notice. Hopefully someone with a better understanding of the laws can chime in with a more definitive answer.
Don't have an answer to your question, but you'd have to look into local, state and federal rules and regulations. For example, in Minnesota it is illegal to take Home made alcohol off of the property it was made on (their is a bill pending to change this). I'm sure no one really cares, but if for some reason you do get in trouble for the raffle they'll have the potential of piling on additional charges.
If you're really concerned, I'd suggest dropping an email to the TTB and your state alcohol control board. My experience has been that they are usually very helpful and respond in a timely manner.
Do not ask your tax authority unless you are sure it's ok already. They don't need to get you on their radar! We had that problem in Wisconsin. We were fine until someone asked. We have a new law that passed the legislature last week since the revenuers decided it was suddenly not legal to take the mead outside the home it was made in. Waiting for the governor to sign it.
Check your local and state rules. Each state is different.
This is a grey area no matter what. Federal law says the home maker can not receive compensation. It does not allow nor deny someone else to make money on it. Normally, charities are given leeway, but local law enforcement may see it different. In reality, it's the local constabulary you need to concern yourself with. They will need to write the initial violation.
Sorry, no one can give you good advice on this. It's not been tested yet in most states. I say bundle it with something else so it's not obvious where it came from! Better yet, donate a "class" in how to make mead. Then offer free samples during the class.
Check your local and state rules. Each state is different.
This is a grey area no matter what. Federal law says the home maker can not receive compensation. It does not allow nor deny someone else to make money on it. Normally, charities are given leeway, but local law enforcement may see it different. In reality, it's the local constabulary you need to concern yourself with. They will need to write the initial violation.
Sorry, no one can give you good advice on this. It's not been tested yet in most states. I say bundle it with something else so it's not obvious where it came from! Better yet, donate a "class" in how to make mead. Then offer free samples during the class.
ooops I had the wrong state, Wisconsin not Minnesota. Glad to hear that it did in fact pass.
I like that donate a class idea!
I like that donate a class idea!
Inquiring minds need to know!
So what's the deal in WI now?
If I homebrew some mead I can't bring it to my favorite LHBS (their name withheld for their protection...
) to show off to the wine club?!What's the deal now, Jeff?
I'm going to have to disagree with you here. I don't see how posing this question to the authorities could pose any risks. You are asking them if this activity (that you haven't engaged in yet) would be legal. If they say no, don't engage it it. I they say yes, you have documentation from them indicating it's OK. Where's the risk?
At the same time, I do agree with you about doing some homework first. Never hurts and can help you frame your question to the state and/or TTB.
Yep, it was me that asked this before! And the advice I got from a very reputable source was something that was already mentioned. Same as if you mail your mead to a friend, you label it as marinade (which is somethng we do use it for sometimes, so it's not really a lie), you don't sell alcohol at an auction. You sell 'entertainment packages'.
For my charity, I fould hotels willing to give free nights, restaurtants gave gift certificates, plenty of places have cheap enough movies, thrift stores gave me baskets for a buck or two. Spa's and lingerie shops also got in the act, sometimes with gift cards, sometimes with perfumes and lotions. I had six baskets by the times I was done with a total resale value of over $1000, all by having a professional letter and wasting a couple days driving around.
We raised a hefty amount at our auction, and we're hoping to do even better this year! And if you're in a geeky enough group, mead in a basket raises bids!
For my charity, I fould hotels willing to give free nights, restaurtants gave gift certificates, plenty of places have cheap enough movies, thrift stores gave me baskets for a buck or two. Spa's and lingerie shops also got in the act, sometimes with gift cards, sometimes with perfumes and lotions. I had six baskets by the times I was done with a total resale value of over $1000, all by having a professional letter and wasting a couple days driving around.
We raised a hefty amount at our auction, and we're hoping to do even better this year! And if you're in a geeky enough group, mead in a basket raises bids!
The problem with asking permission is that everyone in WI thought it was legal to have contests and do public tastings. Once someone asked, the Dept of Rev researched it and said it was not. A perfect case of asking forgiveness is better than permission. We have many contests and tasting currently in limbo. Some clubs are going ahead anyhow knowing we will get the law fixed, others have given up and stopped sharing mead, beer, and wine with others.
As for where we are right now, the Governor has about another week to put the signing on his agenda. No one thinks he won't sign, but given the politics here and the fight we had getting it through the Congress, we remain prepared for a prolonged fight if necessary.
The states tavern league and major distributors were opposed to this since they wanted money from ... well somehow. That was what was so weird. It is federally tax free. So, they simply wanted it illegal to take it out of the home. If they could not get a cut, they didn't want it at all. Money and lobbiests are hard to fight, even when it makes no sense to anyone why.
We had one vote in the Senate against. It was the majority leader. He was being paid by the lobiests, and is on the current massive recall list. With the recalls, we had a short deadline to get it all voted on. The assembly was not voting on it. They had a 33 hour long session the last day before they all went out campaigning. We were afraid of 'kill pill" amendments that were trying to be added. Those would have made it worse by doing things like requiring all homebrewers, including out of state who enter contests in state, to register with the DOR!
Finally with only minutes left, they voted and only added obvious things to it. Like that a local city could make local restrictions. By a big surprise, the Senate took up the amendments with less that a hour to go and passed them. So on to the Governor.
As for where we are right now, the Governor has about another week to put the signing on his agenda. No one thinks he won't sign, but given the politics here and the fight we had getting it through the Congress, we remain prepared for a prolonged fight if necessary.
The states tavern league and major distributors were opposed to this since they wanted money from ... well somehow. That was what was so weird. It is federally tax free. So, they simply wanted it illegal to take it out of the home. If they could not get a cut, they didn't want it at all. Money and lobbiests are hard to fight, even when it makes no sense to anyone why.
We had one vote in the Senate against. It was the majority leader. He was being paid by the lobiests, and is on the current massive recall list. With the recalls, we had a short deadline to get it all voted on. The assembly was not voting on it. They had a 33 hour long session the last day before they all went out campaigning. We were afraid of 'kill pill" amendments that were trying to be added. Those would have made it worse by doing things like requiring all homebrewers, including out of state who enter contests in state, to register with the DOR!
Finally with only minutes left, they voted and only added obvious things to it. Like that a local city could make local restrictions. By a big surprise, the Senate took up the amendments with less that a hour to go and passed them. So on to the Governor.
P.S. PM me with your email and I'll send you a copy of my sponsorship letter that I handed/emailed out. All you'd have to do is take off the information about the advertising possibilities and change the names. If you get started early (I'm already working now for an event in September, and some places don't pick and choose, they take business/charity information and put your name into a draw and draw charities so many times a year. The earlier you get in, the better chance you get to be pulled.) And it doesn't even matter what kind of event it is!
Geeks who go to conventions need hotels, homebrewers need food as well as booze, zombies watch movies, hell even a Dominatrix will buy a basket with some lotions, a rubber ducky, some bubble bath, and a bottle of mead! (I do a lot of charity events...and sometimes the themes are really interesting. I don't discriminate.)
Although if you're doing anything with Heathens, I recommend bacon.
Nah, I just say figure out a bacon themed basket. EVERYONE loves bacon and they spend stupid money on bacon stuff.
Geeks who go to conventions need hotels, homebrewers need food as well as booze, zombies watch movies, hell even a Dominatrix will buy a basket with some lotions, a rubber ducky, some bubble bath, and a bottle of mead! (I do a lot of charity events...and sometimes the themes are really interesting. I don't discriminate.)
Although if you're doing anything with Heathens, I recommend bacon.
Nah, I just say figure out a bacon themed basket. EVERYONE loves bacon and they spend stupid money on bacon stuff.
lol i jumped the gun pay no mind to me
the law will go in effect right before germanfest
heres the link to it though
http://docs.legis.wisconsin.gov/2011/related/acts/200
the law will go in effect right before germanfest
heres the link to it though
http://docs.legis.wisconsin.gov/2011/related/acts/200
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Worst case scenario is we make all the mead at my house and then we drink all the mead at my house and hold all contests etc.. at my house. Just trying to help. Plus then I don't need to drive anywhere!
I have a somewhat related question, in a time-sensitive context. The short version is that a really really important cause for me recently discovered that there's a possibility of shutting down, with less than a week to raise the necessary money. I have a friend that homebrews beer, and I do mead and fruit wines. We have a silent auction coming up this weekend, and were considering putting up for bid "input on flavor and naming rights" to a batch of homebrew, and a batch of fruit wine/mead, which would then be provided to them free of charge. Do people think this will skate around the issue nicely, or are we opening ourselves up to legal troubles? I don't want to get this organization (yes we are a recognized not-for-profit under the tax code) into any sort of trouble or scrutiny at this already trying time.
How about offering a the recipe and lessons on how to make it? that would certainly not break any home-brew laws that I know of. And you would get to hand down the craft to someone else that might appreciate it. Other than that, I think you are walking the line with giving away a bottle of your brew... On the other hand, I have seen many charitable events get away with the strangest things (that border on legality) all in the name of "insert-good-cause-here".
that'll be 5cents for the advice...
that'll be 5cents for the advice...
