Homebrew rules that suck

What do New Jersey and Oregon have in common regarding homebrewing?

Laws that essentially say you can't take your homemade beer to your club meeting, friends' homes, etc. That's because your beer creations are supposed to be consumed only at the premises where they were brewed.

Sucks, doesn't it? (And yeah, we've groused about this before.)

In the case of Oregon, a hop-producing state with a reputation for good craft beer, it really does: The annual state fair's homebrew competition – a 22-year tradition – got iced this summer because someone discovered the rule. (Read more here.)

New Jersey's state fair homebrew contest was held July 31st as planned, like it was last year and years before that. No hitches. The same goes for Big Brew Homebrew Day observances that unite homebrewers in a day of communal brewing at an expressed location (like the backlot of a homebrew supply shop,, club member's home, or even a brewpub parking lot). That's most likely because in New Jersey's case, the permit limitation apparently goes unenforced, as does the obligation of obtaining the $15 permit itself.

Some folks, however, do bow to the requirement and plunk down their $15; others don't, for a number of reasons, including the fact they don't know the regulation exists. Still others are more defiant, arguing the state has no business telling them what they can do with some hops and the same ingredients that go into making bread, let alone charge them 15 bucks to enjoy a hobby that is essentially cooking.

While it hasn't happened, it's not far-fetched to think that New Jersey's regulators wouldn't ever take a harder line regarding homebrewers. You certainly hope that doesn't happen.

Yet, until the rules are changed – ideally by eliminating the permit completely or at a minimum dumping the language about where the beer may be consumed – Garden State h0mebrewers risk running afoul of the rules.

Just what that means is anyone's guess. But who really wants to find out?

What New Jersey homebrewers make,Trenton says don't take off site

Here’s an interesting item: Washington State just revamped its law regarding homebrewing to allow up to 20 gallons of home-brewed beer to be taken out of the home. (Washington’s bill was signed into law on May 6th).

It’s interesting, because here in New Jersey, as written, our regulations restrict consumption of homebrew to the premises where it was made. That’s spelled out on the application for a homebrewing permit the Division of Alcoholic Beverage Control says you must have to make beer in your back yard. Lots of homebrewers breaking that rule, we've seen (and shared in their hard work).

And here’s something odd about this permit application: It asks you where you were born, not when you were born (it does, however, ask how old you are, but notice it doesn’t require you to prove your age, as in providing supporting documentation). What does your birthplace have to do with anything? Nothing.

We’ve said it before, this permit is pointless, and in some ways, it’s just an attempt at being an impediment to homebrewing, not to mention a way of taxing home-made beer, although the statute does exempt homebrewers from the state alcoholic beverage tax for beer. Most of the homebrewers we’ve spoken to don’t bother with this permit. Who can blame them? At the end of the day, when you’ve brewed 5 gallons, or even 15 gallons, you’ve put in about six hours of work and have to wait a month or so to drink it. Oh yeah, that needs the state to put its foot on things to keep it from getting out of hand.

Trenton has no clue. It’s almost like the state had a knee-jerk moment when it allowed homebrewing (which the federal government gave the green light 31 years ago): Oh gosh, we must require a permit. The original fee, back in 1995, was 3 bucks. Now it’s 15. Wonder if Trenton tops $1,000 annually in collection of permit fees?

The American Homebrewers Association says it can’t say for certain, but no other state comes to mind, not even Washington, as far as requiring homebrewers to have a permit to enjoy their hobby.

Just New Jersey. Go figure.