Harshbarger Introduces Legislation to End Federal Ban on Home Distillation

Washington, D.C. - Congresswoman Diana Harshbarger (R-TN) today introduced the Freedom to Home Distill Act , legislation that would end the federal prohibition on home distillation and extend to distillers the same tax-free, personal-use exemption that home brewers of beer and wine have enjoyed since Congress updated the tax code in 1978.

"It makes no sense that Americans can legally make beer and wine at home for personal consumption, but not a small batch of spirits," said Congresswoman Diana Harshbarger. " Distilling has deep roots in Tennessee and across Appalachia, tied to self-reliance and craftsmanship that go back generations. It's long past time we modernize this outdated federal law. My bill restores an important piece of that tradition and puts personal responsibility back where it belongs: with the American people."

Eric "Digger" Manes, star of the reality television series Moonshiners on the Discovery Channel and native of Tennessee's First Congressional District:

"It would be an understatement to say that it was an honor to be involved in authoring the Freedom to Home Distill Act. When I initially approached Congresswoman Diana Harshbarger to explore the possibility of introducing a bill that would allow hobby distillers to engage in their craft without the fear of law enforcement intervention, it was a monumental step. The apprehension of prosecution has been a persistent concern for illegal distillers since George Washington participated in the same process that is now being carried out in these Appalachian hills. My hope is that everyone who reads this will contact their federal representatives, regardless of whether they intend to pursue the hobby themselves, and request their support for this bill. Given that multiple states have legalized marijuana, it appears logical that we should be permitted to engage in our hobby without facing repercussions. Congresswoman Harshbarger has dedicated three years of research and effort to the development of this bill solely because one of her constituents inquired about her interest in becoming a hero to four million citizens. The moonshine community cannot express its gratitude enough to Representative Diana Harshbarger!"

Reps. Tim Burchett (R-TN) and Riley Moore (R-WV) joined as original cosponsors.

"Nationwide prohibition ended nearly a century ago, yet the federal government continues to regulate domestic distilling operations. There is no reason to keep antiquated and inefficient laws on the books, nor is there any reason that this should not be state-level issue. I support the "Freedom to Home Distill Act" and any legislation that reduces red-tape and strengthens individual liberties," said Congressman Tim Burchett.

"West Virginia has a proud tradition of craftsmanship, independence, and yes, moonshining. The federal government shouldn't stand in the way of responsible adults distilling spirits for personal use in their own homes. The Freedom to Home Distill Act is a commonsense bill that protects Americans' individual liberties," said Congressman Riley Moore.

BACKGROUND:

Under current law, home brewers can produce up to 200 gallons of beer or wine per household each year tax-free for personal use. Home distillation of spirits, however, remains fully banned under federal law. The restriction predates Prohibition by more than 50 years and has not been substantively updated since, even as commercial distilling has grown into a legitimate and expanding industry.

The Freedom to Home Distill Act :

• Creates a tax exemption for spirits produced at a qualifying home distillery, defined as a private residence, or a connected shed, yard or enclosure, used solely for personal or family consumption.
• Sets production limits mirroring current homebrewing limits: up to 10 proof gallons per year for single-adult households and up to 20 proof gallons per year for households with two or more adults age 21 or older.
• Prohibits any sale or transfer for sale of home-distilled spirits.
• Exempts qualifying home stills from federal registration and notice requirements, provided the equipment has a pressure release and vacuum relief valve and a capacity no greater than 50 gallons.
• Removes criminal penalties under the tax code for distilling within a qualifying home distillery establishment.
• Preserves state authority. The bill applies only to federal law, and states retain full power to regulate or prohibit home distillation as they choose.

ADDITIONAL INFORMATION:

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