HF 5441

as introduced - 93rd Legislature (2023 - 2024) Posted on 05/03/2024 12:38am

A bill for an act
relating to liquor; permitting limited home distillation; amending Minnesota Statutes
2022, section 340A.301, subdivision 11; repealing Minnesota Statutes 2022, section
340A.705.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2022, section 340A.301, subdivision 11, is amended to
read:

Subd. 11.

Unlicensed manufacture.

(a) Nothing in this chapter requires a license for
the natural fermentation of fruit juices or brewing of beer new text begin , or distillation of spirits new text end in the
home for family use.

(b) Naturally fermented fruit juices or beer new text begin or distilled spirits new text end made under this subdivision
may be removed from the premises where made for use at organized affairs, exhibitions,
or competitions, including, but not limited to, homemaker's contests, tastings, or judging.

(c) For purposes of this subdivision, "tastings" means an event where the general public
may sample unlicensed naturally fermented fruit juices or beer new text begin or distilled spirits new text end .

(d) Beverages produced pursuant to this subdivision may be sampled or used in tastings
provided that the beverage is made and transported in containers and equipment that shall
not allow the migration of toxic substances.

(e) Public notice meeting the requirements of this paragraph must be given in writing
or signage at any tasting. The notice shall include disclosure that the unlicensed naturally
fermented fruit juices or beer new text begin or distilled spirits new text end being offered is homemade and not subject
to state inspection, and may be consumed by persons over the age of 21 at their own risk.
The notice must include the name and address of the person who processed and bottled the
beverage.

(f) Naturally fermented fruit juices or beer new text begin or distilled spirits new text end removed under this
subdivision may not be sold or offered for sale.

new text begin (g) No person may produce more than 100 gallons of distilled spirits per year under this
subdivision.
new text end

Sec. 2. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2022, section 340A.705, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 24-06044

340A.705 PRIMA FACIE EVIDENCE.

The finding of an unauthorized still is prima facie evidence of possession for the purpose of unlawful manufacture of alcoholic beverages.