Title 804 | Chapter 014 | Regulation 011
804 KAR 14:011.Brewing and winemaking for personal use.
Section 1.
(1)
A person twenty-one (21) years of age or older may produce malt beverages for personal or family use.(2)
Malt beverages produced for personal use shall not be sold.(3)
Malt beverages produced for personal use shall not be given to any public facility to give or sell to patrons.(4)
The aggregate amount of malt beverages produced for personal use shall not exceed:(a)
100 gallons per calendar year if there is only one (1) adult who is legally allowed to consume alcoholic beverages in the household; or(b)
200 gallons per calendar year if there are two (2) or more adults who are legally permitted to consume alcoholic beverages in the household.Section 2.
(1)
A person twenty-one (21) years of age or older may produce wine for personal use.(2)
Wine produced for personal use shall not be sold.(3)
Wine produced for personal use shall not be given to any public facility to give or sell to patrons.(4)
The aggregate amount of wine produced for personal or family use shall not exceed:(a)
100 gallons per calendar year if there is only one (1) adult who is legally allowed to consume alcoholic beverages in the household; or(b)
200 gallons per calendar year if there are two (2) or more adults who are legally permitted to consume alcoholic beverages in the household.Section 3.
Malt beverages and wine produced for household consumption may be entered into competitions at regularly organized fairs for prizes.(1)
Competitions may be held at a licensed or unlicensed premise.(2)
Malt beverages and wine produced for household consumption may be transported or mailed from the producer's home to the site of the competition or to the competition's designee.(3)
Judges of the competition shall be at least twenty-one (21) years of age and may only consume for judging purposes.(4)
Malt beverages or wine entered into a competition shall not be sold to, sampled by, or tasted by the general public.HISTORY: (48 Ky.R. 2888; eff. 11-1-2022.)
ALLYSON C TAYLOR, Commissioner
RAY PERRY, Secretary
APPROVED BY AGENCY: April 14, 2022
FILED WITH LRC: April 14, 2022 at 3:48 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held at 9:00 a.m. EST on June 27, 2022 at 500 Mero Street, Room 127CW, Frankfort, Kentucky 40601. The hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on the administrative regulation. Individuals interested in being heard at this hearing shall notify this agency of their intention to attend and comment in writing at least five workdays prior to the hearing. If no notification of intent to attend the hearing is received by that date, the hearing may be cancelled. If you do not wish to be heard at the public hearing, you may submit written comments on the administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. Written comments shall be accepted through 11:59 p.m. on June 30, 2022. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person below.
CONTACT PERSON: Joshua Newton, General Counsel, Department of Alcoholic Beverage Control, 500 Mero Street, 2 NE #226, Frankfort, Kentucky 40601, phone (502) 782-0770, fax (502) 564-4850, email Joshua.Newton@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Joshua Newton
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This regulation authorizes individuals to brew malt beverages or ferment wine in limited quantities for personal use. It is a near duplication of a regulation that expired last year.
(b) The necessity of this administrative regulation:
Without this regulation, homebrewing and home winemaking, which have been legal for at least the last seven years, are illegal under KRS 243.020(1).
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This administrative regulation conforms to KRS 241.060, which authorizes the Board to promulgate reasonable administrative regulations governing the supervision of the manufacture, sale, and trafficking of alcoholic beverages, and does not conflict with statute.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This regulation will remove the unnecessary administrative burden of policing minimal manufacture of alcoholic beverages for personal use.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
NA
(b) The necessity of the amendment to this administrative regulation:
NA
(c) How the amendment conforms to the content of the authorizing statutes:
NA
(d) How the amendment will assist in the effective administration of the statutes:
NA
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This regulation will affect homebrewers and home winemakers, as well as businesses that support those hobbyists.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
Regulated individuals will not need to alter their behavior from how they had previously brewed or made wine. They will still need to limit their manufacturing of alcoholic beverages for personal use to 100 gallons per year, or 200 gallons if there are two or more adult members of their household.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
Compliance with this administrative regulation will present no cost to regulated individuals.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
As an authorization to manufacture alcoholic beverages for personal use, compliance with the regulation will permit homebrewing and home winemaking.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
There is no cost to the administrative body to implement this regulation.
(b) On a continuing basis:
There are no ongoing costs to the administrative body as a result of implementation of this administrative regulation.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
Because there is no cost associated with implementation and enforcement of this administrative regulation, no funding will be required.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
Implementation of this administrative regulation will require no increase in fees or funding.
(8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees:
This administrative regulation did not establish any fees, and did not directly or indirectly increase any fees.
(9) TIERING: Is tiering applied?
Tiering is not applied because this does not affect regulated entities but rather individuals who wish to brew malt beverages or make wine for personal use and will affect all such individuals equally.
FISCAL NOTE ON STATE OR LOCAL GOVERNMENT
(1) What units, parts or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
None.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 243.100, 241.060(1).
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
This administrative regulation will not result in increased revenues to any state or local government entities.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
This administrative regulation will not result in increased revenues to any state or local government entities in subsequent years.
(c) How much will it cost to administer this program for the first year?
There are no costs associated with administration of this regulation.
(d) How much will it cost to administer this program for subsequent years?
There are no costs associated with administration of this regulation in subsequent years.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
Expenditures (+/-):
Other Explanation:
804 KAR 14:011.Brewing and winemaking for personal use.
Section 1.
(1)
A person twenty-one (21) years of age or older may produce malt beverages for personal or family use.(2)
Malt beverages produced for personal use shall not be sold.(3)
Malt beverages produced for personal use shall not be given to any public facility to give or sell to patrons.(4)
The aggregate amount of malt beverages produced for personal use shall not exceed:(a)
100 gallons per calendar year if there is only one (1) adult who is legally allowed to consume alcoholic beverages in the household; or(b)
200 gallons per calendar year if there are two (2) or more adults who are legally permitted to consume alcoholic beverages in the household.Section 2.
(1)
A person twenty-one (21) years of age or older may produce wine for personal use.(2)
Wine produced for personal use shall not be sold.(3)
Wine produced for personal use shall not be given to any public facility to give or sell to patrons.(4)
The aggregate amount of wine produced for personal or family use shall not exceed:(a)
100 gallons per calendar year if there is only one (1) adult who is legally allowed to consume alcoholic beverages in the household; or(b)
200 gallons per calendar year if there are two (2) or more adults who are legally permitted to consume alcoholic beverages in the household.Section 3.
Malt beverages and wine produced for household consumption may be entered into competitions at regularly organized fairs for prizes.(1)
Competitions may be held at a licensed or unlicensed premise.(2)
Malt beverages and wine produced for household consumption may be transported or mailed from the producer's home to the site of the competition or to the competition's designee.(3)
Judges of the competition shall be at least twenty-one (21) years of age and may only consume for judging purposes.(4)
Malt beverages or wine entered into a competition shall not be sold to, sampled by, or tasted by the general public.HISTORY: (48 Ky.R. 2888; eff. 11-1-2022.)
ALLYSON C TAYLOR, Commissioner
RAY PERRY, Secretary
APPROVED BY AGENCY: April 14, 2022
FILED WITH LRC: April 14, 2022 at 3:48 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held at 9:00 a.m. EST on June 27, 2022 at 500 Mero Street, Room 127CW, Frankfort, Kentucky 40601. The hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on the administrative regulation. Individuals interested in being heard at this hearing shall notify this agency of their intention to attend and comment in writing at least five workdays prior to the hearing. If no notification of intent to attend the hearing is received by that date, the hearing may be cancelled. If you do not wish to be heard at the public hearing, you may submit written comments on the administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. Written comments shall be accepted through 11:59 p.m. on June 30, 2022. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person below.
CONTACT PERSON: Joshua Newton, General Counsel, Department of Alcoholic Beverage Control, 500 Mero Street, 2 NE #226, Frankfort, Kentucky 40601, phone (502) 782-0770, fax (502) 564-4850, email Joshua.Newton@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Joshua Newton
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This regulation authorizes individuals to brew malt beverages or ferment wine in limited quantities for personal use. It is a near duplication of a regulation that expired last year.
(b) The necessity of this administrative regulation:
Without this regulation, homebrewing and home winemaking, which have been legal for at least the last seven years, are illegal under KRS 243.020(1).
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This administrative regulation conforms to KRS 241.060, which authorizes the Board to promulgate reasonable administrative regulations governing the supervision of the manufacture, sale, and trafficking of alcoholic beverages, and does not conflict with statute.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This regulation will remove the unnecessary administrative burden of policing minimal manufacture of alcoholic beverages for personal use.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
NA
(b) The necessity of the amendment to this administrative regulation:
NA
(c) How the amendment conforms to the content of the authorizing statutes:
NA
(d) How the amendment will assist in the effective administration of the statutes:
NA
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This regulation will affect homebrewers and home winemakers, as well as businesses that support those hobbyists.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
Regulated individuals will not need to alter their behavior from how they had previously brewed or made wine. They will still need to limit their manufacturing of alcoholic beverages for personal use to 100 gallons per year, or 200 gallons if there are two or more adult members of their household.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
Compliance with this administrative regulation will present no cost to regulated individuals.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
As an authorization to manufacture alcoholic beverages for personal use, compliance with the regulation will permit homebrewing and home winemaking.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
There is no cost to the administrative body to implement this regulation.
(b) On a continuing basis:
There are no ongoing costs to the administrative body as a result of implementation of this administrative regulation.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
Because there is no cost associated with implementation and enforcement of this administrative regulation, no funding will be required.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
Implementation of this administrative regulation will require no increase in fees or funding.
(8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees:
This administrative regulation did not establish any fees, and did not directly or indirectly increase any fees.
(9) TIERING: Is tiering applied?
Tiering is not applied because this does not affect regulated entities but rather individuals who wish to brew malt beverages or make wine for personal use and will affect all such individuals equally.
FISCAL NOTE ON STATE OR LOCAL GOVERNMENT
(1) What units, parts or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
None.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 243.100, 241.060(1).
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
This administrative regulation will not result in increased revenues to any state or local government entities.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
This administrative regulation will not result in increased revenues to any state or local government entities in subsequent years.
(c) How much will it cost to administer this program for the first year?
There are no costs associated with administration of this regulation.
(d) How much will it cost to administer this program for subsequent years?
There are no costs associated with administration of this regulation in subsequent years.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
Expenditures (+/-):
Other Explanation: