Homebrewing beer at home is legal across the United States, but it comes with clear federal limits and a patchwork of state rules. Understanding what the law allows helps you stay on the right side of the regulations while you enjoy the hobby. The key federal rules come from the Alcohol and Tobacco Tax and Trade Bureau (TTB), while state laws add another layer that every homebrewer should check.
Federal Homebrewing Limits
The TTB’s Beer FAQs lay out the federal framework that makes homebrewing possible without a license or tax. Under 26 U.S.C. 5053(e) and the related regulations, adults may produce beer for personal or family use without paying federal excise tax. The TTB defines an adult as someone 18 years of age or older, or the age required for the purchase of beer in the locality where the brewing happens, whichever applies.
The volume limits are straightforward. According to the TTB, a household with one adult can produce up to 100 gallons of beer per calendar year. If two or more adults reside in the household, the limit rises to 200 gallons per calendar year. These amounts apply to the entire household, not per person, so a couple living together shares the 200-gallon cap.
The beer must be for personal or family use. The TTB explicitly states that adults may not produce beer for sale or offer their beer for sale. However, the rules do allow removing homebrew for use in organized affairs, exhibitions, or competitions, such as homemaker’s contests or tastings. Adults can also collaborate with other adults to make beer, as long as the group is not considered a corporation or an association under the law.
No TTB approval is needed if you stay within these limits and brew only for personal or family use. The TTB notes that if you intend to make beer for any other purpose, including sale, you must apply for a Brewer’s Notice and receive approval before starting operations. That process involves bond coverage and other requirements, but it does not apply to the typical homebrewer.
State and Local Laws
Federal law sets a baseline, and the TTB notes that the federal exemption does not authorize brewing in violation of any state or local law. The American Homebrewers Association (AHA) maintains a page of homebrewing statutes by state, and it makes clear that state laws vary widely. Some states have very specific laws that outline exactly what can and cannot be done with homebrew, while others are more vague.
According to the AHA, some states limit consumption of homebrew solely to the residence where it was brewed. Others allow transportation to events such as competitions and club meetings. The AHA also notes that Mississippi and Alabama were the last two states to legalize homebrewing, with Alabama’s law taking effect on May 9, 2013, and Mississippi’s on July 1, 2013. Today, homebrewing is legal in all 50 states, but the details differ.
Because state and local laws can impose additional restrictions beyond the federal rules, the AHA emphasizes that the information it provides is not a substitute for legal advice specific to the laws of your state. Homebrewers should review their state’s statutes and any local ordinances before brewing, especially if they plan to share or transport their beer. For more on staying compliant, visit our Safety and Regulations category.
Brew-on-Premises Facilities
Some homebrewers use brew-on-premises (BOP) businesses, which provide space and equipment for customers to brew and bottle their own beer. The TTB’s Beer FAQs outline federal guidelines for these facilities. A person may establish and operate a BOP without qualifying with TTB, as long as the business follows certain rules and complies with state and local laws.
The TTB says that BOP owners and employees may furnish space, brewing equipment, ingredients, bottling supplies, and advice. They can also provide unfermented wort to customers and handle tasks like moving containers, cleaning and maintaining equipment, controlling climate and temperature, disposing of spent grains, and conducting quality control, including laboratory analysis and tasting for quality control purposes.
However, BOP staff cannot assist customers in the actual production, storage, or packaging of beer. Specifically, the TTB prohibits them from fermenting mash, adding sugar, CO₂, or any other ingredients to beer, filtering or bottling beer, or providing physical help with production, tank transfers, racking, or packaging. BOP customers must carry out the brewing activities themselves. The TTB also forbids BOP owners from producing or providing non-taxpaid beer to customers for sampling.
For the individual using a BOP, the same federal limits apply. The TTB states that adults producing beer at a BOP must follow the household volume limits and the no-sale rule. The beer is for personal or family use, and the adult is responsible for doing the brewing work, since BOP staff are limited in the assistance they can offer.
Frequently asked questions
Can I sell my homebrew?
No. The TTB’s rules are clear that adults may not produce beer for sale or offer their beer for sale. Homebrewing under the federal exemption is strictly for personal or family use. If you want to sell beer, you must obtain a Brewer’s Notice from the TTB and meet all commercial brewery requirements, including bond coverage.
Can I take my homebrew to a competition or club meeting?
Federal law allows it. The TTB states that adults may remove their beer for personal or family use, including use in organized affairs, exhibitions, or competitions such as homemaker’s contests or tastings. However, state laws may differ. The AHA notes that some states permit transportation to events, while others may restrict consumption to the brewing residence. Always check your state’s statutes before transporting homebrew.
Do I need a license to homebrew?
No license or TTB approval is required as long as you brew within the federal limits for personal or family use and do not sell the beer. The TTB confirms that adults may produce beer without payment of tax under these conditions. If you plan to brew for any other purpose, you must apply for a Brewer’s Notice and receive TTB approval before starting.
For more guidance on safe and legal homebrewing, explore our Safety and Regulations section, or start with the Brewing Guides hub. You can also read the full overview in Homebrewing Rules and Safety: Law, Burners, Chemicals. If you’re setting up your space, our Homebrewing Equipment category and Cleaning and Sanitation resources can help you build a compliant and clean brewing area.
