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Senate advances homebrewing exemption after debate over limits, enforcement and judged events

Utah State Senate · February 19, 2009
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Summary

House Bill 51 would exempt home brewing of beer and wine from licensing and bonding requirements, set production limits (100 gallons per person; 200 per household per year) and prohibit sale and unregulated transport; senators debated enforcement and the carveout for judged events before the bill advanced to third reading.

Senator Stoll introduced House Bill 51 as a measure to exempt home brewing of beer and wine from commercial licensing and bonding requirements. "This bill is intended to soothe the wounds of battle of the last few days," Stoll said, describing it as a limited homebrewing exemption that mirrors practices allowed in most other states and under federal law.

Under the bill as explained on the floor, an individual may manufacture no more than 100 gallons in a calendar year; where two or more adults share a residence the household limit is 200 gallons. Production is limited to beer and wine; distillation of spirits remains prohibited. The floor exchange focused on whether the bill's carveout for organized or judged events could be abused to evade overall production limits. Senator Greiner said he had "serious heartburn with Line 103 and 104," warning that a loosely defined 'organized event' could create a loophole. Senator McCoy suggested a limiting amendment such as requiring beverages at judged events to be judged by certified judges to reduce opportunities for misuse. The sponsor acknowledged the enforcement concern and said language could be tightened.

Senators also asked operational questions about transport and sale; sponsor Stoll confirmed the bill forbids sale and said transport permissions are limited to events where beverages are judged. After debate and offers to refine the event language, HB51 was placed at the bottom of the third-reading calendar (19 yea, 5 nay, 5 absent).