Homebrewing History

by Ken Koupal

May is National Homebrewers’ Month (one of the good things from the Carter administration), so I thought it would be appropriate to research what made homebrewing legal in California. For that, I went to the county library and looked it up under California Business & Professions Code (Alcoholic Beverages; Licenses and Fees, Div. 9, Ch. 3) § 23356.2. Beer; manufacture for personal or family use; exemption

In reality, the code is just a couple of brief but powerful statements that restored homebrewing to California and enabled the homebrewing businesses to flourish in the Golden State. It has been amended only once to include competitions, thankfully! There is no mention of mead, so I suspect that’s covered under by wine laws. Here is the homebrewing code in its entirety. The librarian assures me it’s a "code" that was added by a "statute" which becomes "the law" – and I’m sure there’s a reason for the distinction, which explains why I became a homebrewer instead of a law librarian at the reference desk.

"No license or permit shall be required for the manufacture of beer for personal or family use, and not for sale, by a person over the age of 21 years. The aggregate amount of beer with respect to any household shall not exceed (a) 200 gallons per calendar year if there are two or more adults in such household, or (b) 100 gallons per calendar year if there is only one adult in such household.

Any beer manufactured pursuant to this section may be removed from the premises where manufactured for use in competition at organized affairs, exhibitions or competitions, including homemakers’ contests, tastings, or judgings."

(Added by Stats. 1978, c. 458, p. 1552, § 1. Amended by Stats. 1984, c. 334, § 1.)

Library References: Intoxicating Liquors F 48., WESTLAW Topic No. 223. C.J.S. Intoxicating Liquors § 99.

To save you the math, that’s just under a 6-pack per household per day; or half a 6-pack if you’re single. Furthermore, since it wasn’t explicitly legal to remove beer from the premises before 1984, then no annual homebrew competition in California could be legitimately older than 16 years (unless you held it where you "manufactured"). Also, if your age is under 21 years, it appears that you have to get a license or permit.