Brewing to much beer???????

[Monster Mash]

I get 25 gallons out of one batch, I could easily go over the limit in 5 months but I would never brew more than 200 gallons in a year...

[hopheadfred]

It's virtually impossible for anyone to prove how much you brew. You would need 200+ gallons in your possession, and even then they would need to prove that it was all brewed in a single calendar year and not beer from the previous years.
As far as selling..don't do that. However.....I have friends come over for growler fills almost every weekend. I don't ask for money but they always leave "something" on the workbench. It's nice because it pretty much takes care of my expenses.

[Lewybrewing]

I will brew above that amount this year...but you will not catch me with any evidence.

Except, this.

~widget

Yes officer, but they are 1 gallon batches

[kernman30]

california allows 100 gallons per person or 200 gallons per 2 adult household. its pretty much a grey area and un-enforceable so just make sure you dont have more than 100 to 200 gallons at any one time.

[Buttwidget]

Look, if they wanted to, they could track your purchases, check your facebook, etc. The only reason they would want to go through the expense of doing that is if they already had you for something else pretty big, or if you were selling it. There's always a way to create an evidentiary trail. This isn't something that needs to be proven beyond a reasonable doubt, it ain't murder, but the real question to determine whether you have risk is, "is there a factor motivating law enforcement to come after me?" As long as that answer remains "no", quietly brew all you want, just don't sell it.

The key is not to be stupid in the first place.

~widget

[Dirk McLargeHuge]

The key is not to be stupid in the first place.

~widget

Bingo!

[Ozwald]

california allows 100 gallons per person or 200 gallons per 2 adult household. its pretty much a grey area and un-enforceable so just make sure you dont have more than 100 to 200 gallons at any one time.

That's same as federal. 100 gallons per adult with a maximum of 200 gallons. Under the law you can have more than 200 gallons at one time, such as batches brewed in earlier years & are aging. The product comes under the law the second an alcohol producing organism is introduced to the fluid ie that sour you brewed last year & is still in the carboy counts toward last years allotment & not this year. No grey area at all.

That's just the federal law. As stated before some states have further legislation regarding volume, alcohol concentration, and/or prohibition. AFAIK the majority of states where it's legal follow the federal law or a very slight variation on it.

As far as how much they monitor/care, decide how risky you want to be. I've never heard of anyone getting arrested or prosecuted over brewing too much. I'm of the opinion that if you are brewing more than the law states, their level of interest is likely to mimic how high or low of a profile you keep & if you're breaking other laws such as distilling, selling it openly or any miscellaneous drunken stupidity that draws attention to the amount you produce. I wouldn't broadcast or brag about it, but I also wouldn't be too worried about it either, provided you're just enjoying the hobby.

[hopheadfred]

Look, if they wanted to, they could track your purchases, check your facebook, etc. The only reason they would want to go through the expense of doing that is if they already had you for something else pretty big, or if you were selling it. There's always a way to create an evidentiary trail. This isn't something that needs to be proven beyond a reasonable doubt, it ain't murder, but the real question to determine whether you have risk is, "is there a factor motivating law enforcement to come after me?" As long as that answer remains "no", quietly brew all you want, just don't sell it.

The key is not to be stupid in the first place.

~widget

That is true..they could do that. The bigger question is WOULD they do that? In today's government budget crisis do they really have the financial resources to go after a homebrewer who is either brewing too much or even selling some on the side? You have to remember that the excise tax on beer is literally pennies per beer. Do you really think a prosecuter/law enforcement is going to go after a homebrewer who is violating the law. Spends thousands of dollars in prosecution costs to recover a few dollars in taxes? Unlikely at best....