State Codes and Statutes

Statutes > Utah > Future-title-32b > Chapter-11 > 32b-11-202-effective-07-01-11

32B-11-202 (Effective 07/01/11). Exemption for manufacture in personal residenceof fermented beverage.
(1) As used in this section, "fermented alcoholic beverage" means:
(a) beer;
(b) heavy beer; or
(c) wine.
(2) An individual may without being licensed under this chapter manufacture in theindividual's personal residence a fermented alcoholic beverage if:
(a) the individual is 21 years of age or older;
(b) the individual manufactures no more than:
(i) 100 gallons in a calendar year, if there is one individual that is 21 years of age or olderresiding in the household; or
(ii) 200 gallons in a calendar year, if there are two or more individuals who are 21 yearsof age or older residing in the household;
(c) the fermented alcoholic beverage is manufactured and used for personal or family useand consumption, including use at an organized event where fermented alcoholic beverages arejudged as to taste and quality; and
(d) the fermented alcoholic beverage is not for:
(i) sale or offering for sale; or
(ii) consumption on a licensed premise.
(3) An individual may store a fermented alcoholic beverage manufactured as provided inSubsection (2) in the individual's personal residence.
(4) A fermented alcoholic beverage manufactured in accordance with Subsection (2) maybe removed from the premises where it is manufactured:
(a) for personal or family use, including use at an organized event where fermentedalcoholic beverages are judged as to taste and quality;
(b) if the fermented alcoholic beverage is transported in compliance with Section41-6a-526; and
(c) if the fermented alcoholic beverage is removed only in the following quantities:
(i) for personal and family use that is unrelated to an organized event where fermentedalcoholic beverages are judged as to taste and quality, the quantity that may be possessed at onetime is:
(A) one liter of wine for each individual who is 21 years of age or older residing in thehousehold;
(B) 72 ounces of heavy beer for each individual who is 21 years of age or older residingin the household; or
(C) 72 ounces of beer for each individual who is 21 years of age or older residing in thehousehold; and
(ii) for on-premise consumption at an organized event where fermented alcoholicbeverages are judged as to taste and quality, the quantity that may be removed for each organizedevent is:
(A) one liter of wine for each wine category in which the individual enters, except thatthe individual may not remove wine for more than three categories for the same organized event;
(B) 72 ounces of heavy beer for each heavy beer category in which the individual enters,except that the individual may not remove heavy beer for more than three categories for the same

organized event; or
(C) 72 ounces of beer for each beer category in which the individual enters, except thatthe individual may not remove beer for more than three categories for the same organized event.
(5) A partnership, corporation, or association may not manufacture a fermented alcoholicbeverage under this section for personal or family use and consumption without obtaining alicense under this chapter, except that an individual who operates a brewery under this chapter asan individual owner or in partnership with others, may remove beer from the brewery forpersonal or family use in the amounts described in Subsection (2)(b).

Enacted by Chapter 276, 2010 General Session