Is home brewed beer legal in New York?!
Answers: I want to start brewing my own beer at home. Is this legal in New York?
Yes, it is legal.
I believe so.
but I'm not sure about selling it.
If you are 21 or over, it is legal. If you want to sell it, then you need to check with your local law enforcement unit .( Personly, I stay as far away from the local cops as I can, but that's a whole nuther story )
Statute:
New York statute, Chapter 3-B, Article 8, § 100 provides that no person shall manufacture for sale or sell at wholesale or retail any alcoholic beverage within the state without obtaining the appropriate license therefor required by this chapter. Beer is defined as any fermented beverages of any name or description manufactured from malt, wholly or in part, or from any substitute therefor.
Discussion:
While no provision, exception, exemption, license, permit or certificate exists with respect to the home production of beer in New York such home production may be permissible under New York law. It appears the legislative intent of the New York alcoholic beverage control law is to regulate the manufacture of alcoholic beverages for sale. Because home produced beer is not manufactured to be sold it may fall outside the scope of the § 100 license requirement. Moreover, home produced beer is not defined as an "illicit alcoholic beverage" under New York law because federal law exempts such beer from applicable excise tax.