Amateur Wine Competitions are Illegal in CA

Home winemaking competitions abound in California.

From the Sonoma County Harvest Fair in the heart of Wine Country to the massive California Exposition & State Fair in Sacramento, fairs around the state recognize the skills of thousands of amateur vintners.

Numerous private winemaking clubs also hold regular contests so their members can see how their vintages stack up.

But they all have one thing in common: They're all illegal.

That's what state Department of Alcoholic Beverage Control officials have told an Illinois man who wants to hold a home winemaking competition in Santa Rosa this summer....

The rest of the article.

Threat of prosecution

In an e-mail to the Santa Rosa event's organizer, Joel Sommer, ABC investigator David Wright was clear there could be consequences.

"If you decide to hold your event please be advised that it will be without Department consent or authorization and could result in criminal prosecution," Wright wrote.

I think that in a common sense world, the law as it exists should be appropriately tweaked, without red tape, to allow decent people - hobbyist artisanal winemakers - to share their craft without threat of harrassment. I hope that the modification that the article mentions gets put in place.

I think that in a common sense world, the law as it exists should be appropriately tweaked, without red tape

Therein lies the rub, Paul - common sense plays second fiddle to American legislators' need to legislate things about which they only think they understand.

Hi Howie,
Aren’t there special permits or temporary licenses a club or organization could apply for to sponsor amateur wine competitions? Competitions are basically “private” events and therefore do not require permits or licenses. There is no “sale” of alcoholic beverages taking place (you pay an entry fee for them to take your wines). During the time the alcoholic beverage is served, consumed, or otherwise disposed of the premises is not open to the general public, and usually the premises is not maintained for the purpose of serving, consuming, or otherwise disposing of alcoholic beverages. As far as “removing” the “home-made” wine from the premises where it is made, the federal government has made stipulations, surprised California has not.

Salute

My point would be that there should not be any government interference whatsoever in an amateur wine competition. No licenses, no restrictions, no limitations, nada, nothing. To suggest otherwise is beyond ridiculous, it's government run amok.

I just checked my local fair and there is an Amateur Winemaking Competition for this year. I wonder if it will be cancelled? This subject is very sad news. It is hard to believe that the ABC wasn't aware of the amateur wine competitions that happen every year at many of the fairs around the state.

According to Mike Dunne's blog in the Sacramento Bee, this is being addressed by the legislature. Apparently, it was one of those laws nobody really paid attention to until very recently.

Nice that they're getting this rectified quickly!

“According to a section of the state business and professions code, homemade wine is to be for the winemaker's own personal consumption. No one else - "not a judge in a competition, not your neighbor, not even your spouse if he/she did not participate in making the wine" - is to drink the wine, says Wiggins in a press release issued today.”
Question for Mike; What is the state’s limit on the amount of home-made wine made per calender year?
Here’s what the federal government has to say about “removal” of wine made for personal use;
f) Removal. Wine produced under this section may be removed from the premises where made for personal or family use including use at organized affairs, exhibitions or competitions, such as home winemaker's contests, tastings or judgings, but may not under any circumstances be sold or offered for sale. The proprietor of a bonded wine premises shall pay the tax on any wine removed for personal or family use in excess of the limitations provided in this section and shall also enter all quantities removed for personal or family use on TTB F 5120.17, Report of Bonded Wine Premises Operations. (Sec. 201, Pub. L. 85–859, 72 Stat. 1331, as amended (26 U.S.C. 5042))

Salute

I have not ever checked but have always read that the limits are 100 gallons per indivual or 200 gallons per household per year.

I don’t know Alan. If the event takes place in a private home, I’ll agree with you. But if the event takes place on state or county land (“public land”) a permit to temporarily “store” or “possess” (a fairly large quantity of) alcoholic beverages “on the premises” is not a bad idea. For one thing this will prove that the organizers of such events are “serious” (and take ownership) and besides the cost of such a permit will be taken into consideration when determining the “entrant fee”. As for the competition itself- as long as wine is not sold nor offered for sale, the event is “closed” to the “general” public while the wine is served, consumed or disposed of, and the “premises” or “structure” is not maintained for the sole purpose of serving, consuming, or disposing any alcoholic beverage no license nor permit should be required for the competition itself.

Salute

Hi Brian,
According to Wiggins, in the state of California there shouldn’t be a “household” limit. The only restriction is the number of adults and possible winemakers in a “household”.

Salute

Victor -

To tell you the truth, I have no idea what the state limits are on home winemaking. I've heard a couple of figures batted around, but I don't know whether they're federal or state.

Off to do some research.


Mike

...and after that research, it does appear that it's regulated based on the number of adults in the household. 100 gallons for the household if one adult resides there, 200 gallons if two or more adults reside there.

I wonder how our old winemaking place would have fit into these regs? We had six people involved in making it, so could we make 600 gallons? Or could we make a lot more as long as no single person's household exceeded the 100/200 gallon limit? (An academic question, of course as none of us even have room for 200 gallons of wine in our homes not to mention our bellies!)

It's always "interesting" to learn more about alcohol regulations.

Howie,
I read this story by Kevin McCallum after getting the headline from one of the wine news services. The clown who originated this debacle is actually the CHIEF of a division of the California ABC. Many folk are responding, of course, and the guy, Matthew Seck, will hopefully get the ax, and the law will be changed to reflect reality. I sent the following comment to the paper:
"Matthew Seck, chief of the trade enforcement division of the ABC, should be sacked, not because “he is drunk on power,” though he most certainly is, but because he apparently got to that position of power without having the foggiest idea as to the true nature and workings of the vast and impressive wine industry he is supposed to govern. It’s almost like letting Donald Rumsfield run the Pentagon and George Bush run the nation. But that’s another story!"
What really bothers me is that too many "enforcement" types, all across the land, see wine as the enemy. It's more than seventy years since the repeal of Prohibition, and we are still haunted by that great blunder.
Bill

...and after that research, it does appear that it's regulated based on the number of adults in the household. 100 gallons for the household if one adult resides there, 200 gallons if two or more adults reside there.

I wonder how our old winemaking place would have fit into these regs? We had six people involved in making it, so could we make 600 gallons? Or could we make a lot more as long as no single person's household exceeded the 100/200 gallon limit? (An academic question, of course as none of us even have room for 200 gallons of wine in our homes not to mention our bellies!)

It's always "interesting" to learn more about alcohol regulations.

I don't know the answer to this question but just speculating. What you describe sounds like a co-op facility that would be governed under different requlations and need a permit. What I understood the household regulations to be for was strictly family winemaking - hence the two or more adult notation to account for extended family. Once opened up to wine production for those that are not family nor live on the site, I believe you have crossed a line.

I don’t know Brain. If the group of six was producing the wine in a “central” location and produced more than 200 gals per calendar year than I would say it was a co-op facility (and the required permits and licenses will be needed). But if the group of six was just sharing the equipment (crusher de-stemmer and press) and produced the wine at each of the individual’s home I would consider this a “winemaking club”.

Salute

If I read this correctly, even the annual celebration in the parking lot of the local supply shop (The Oak Barrel in Berkeley) is open for a swooping raid this July. We can be frog-marched to prison for carrying our wine the four blocks from the "winery" to the store! And the ABC agents will get all of Homer's excellent barbecued brisket and turkey for themselves--extra incentive for a major bust.

I don’t know Brain. If the group of six was producing the wine in a “central” location and produced more than 200 gals per calendar year than I would say it was a co-op facility (and the required permits and licenses will be needed). But if the group of six was just sharing the equipment (crusher de-stemmer and press) and produced the wine at each of the individual’s home I would consider this a “winemaking club”.

Salute

Sounds like we were a co-op, then, as we were all producing at the central location. All of the equipment was stored there, wine was made there, aged there, and bottled there.

It's probably a good thing for us that small winemaking operations are not high on the radar screen for ABC enforcement!