The information for this blog post can be viewed here. This information pertains to North Carolina.

 

A proposed rule for homebrew products & competitions was filed with the North Carolina Office of Administrative Hearings for approval. The comment period ends on November 5, 2018, and all comments can be emailed to walker.reagan@abc.nc.gov.

The rule (14B NCAC 15A.2302) states that homemade beer and wine can be judged in competitions. The competitions can be limited to invitees or open to the general public.

What does competition mean in terms of this proposed rule?

A competition means either:

1. An event sanctioned by a national or international beer or wine judging program; or
2. At least 50% of the judges are certified by a national or international beer or wine judging program.

Where are the competitions held?

If the competition is held at a premise holding a retail ABC permit, then:

• The competition has to be segregated from the rest of the premise in a separate room with closeable doors
• No homemade product can be consumed outside the appropriate consumption area
• The retail permittee can offer commercial alcoholic products to participants in the competition at the same rate and method as offered to the general public
• Homemade products cannot be stored on permitted premises for more than 48 hours prior to the competition and must be segregated from other alcoholic beverages on the premise
• No homemade product can be left on the permittee premise after the competition

If the competition is held at a premise holding a commercial ABC permit, then:

• Consumption of the homemade product must be held on portions of the permitted premise that aren’t open to the public
• No homemade product can be consumed on the commercial permitted premise, expect for judges when appropriate
• Homemade products cannot be stored on the permitted commercial premise for more than 30 days prior to the competition
• No homemade product can be left on the permittee premise after the competition

*competitions cannot be held in a private residence

If you have a homemade product that you want to enter into a contest and do not have a sanctioned judge, then an organized affair might be the way to go.

What is an organized affair?

Homemade products can be consumed at organized affairs if:

• the affair is a contest;
• not sanctioned by a national or international beer or wine judging program; and
• no admission fee is required to attend.

All judges must be members of the homemaker club or of their guests. No prizes can be given to the winners.

Organized affairs can be held on a premise with a retail ABC permit if:

1. the area for consumption of the homemade product is segregated from the premise opened to the general premise by vertical boundaries
2. no homemade product should be consumed outside of the homemade product consumption area
3. The retail permittee can offer alcoholic products to participants in the organized affair at the same rate and method as offered to the general public
4. Homemade products cannot be stored on permitted premises for more than 48 hours prior to the organized affair and must be segregated from other alcoholic beverages on the premise

*an organized affair cannot be held on a premise with a commercial ABC permit

*if at a private residence, then no admission or entrance fee

Contact us!

If you have any questions please do not hesitate to email me at john@beerlawcenter.com or john@mathesonlawoffice.com or call 919-335-5291.