HLS 10RS-896 ORIGINAL
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are additions.
Regular Session, 2010
HOUSE BILL NO. 503
BY REPRESENTATIVES DANAHAY AND CONNI CK
ALCOHOLIC BEVERAGES: Provides relative to home-brewed beer
AN ACT1
To enact Part II-B of Chapter 2 of the Louisiana Revised Statutes of 1950, to be comprised2
of R.S. 26:331 through 337, relative to homemade beer; to provide for "Louisiana3
Homemade Beer Law", to provide for legislative intent; to provide for maximum4
amount of production; to provide for purposes and requirements; to provide for5
prohibitions and penalties; to provide for rules and regulations; and to provide for6
related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. Part II-B of Chapter 2 of the Louisiana Revised Statutes of 1950,9
comprised of R.S. 26:331 through 337, is hereby enacted to read as follows: 10
PART II-B. HOMEMADE BEER11
§331. Short title12
This Part shall be cited as the "Louisiana Homemade Beer Law".13
§332. Legislative declaration of intent14
The legislature of the state of Louisiana recognizes, by the passage of this15
Part, that every person shall have the right to make homemade beer for personal,16
family, domestic, or household use only, free of all restraint by other provisions of17
the Alcoholic Beverage Control Law. No other provision of the Alcoholic Beverage18
Control Law shall deprive any person of this right to make homemade beer for19
personal, family, domestic, or household use only.20 HLS 10RS-896 ORIGINAL
HB NO. 503
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§333. Maximum amount of production1
A. The maximum amount of homemade beer that a person twenty-one years2
of age or older may produce per calendar year is as follows:3
(1) One hundred gallons, if there is only one person twenty-one years of age4
or older residing in the household. 5
(2) Two hundred gallons, if there are two or more persons twenty-one years6
of age or older residing in the household.7
B. The homemade beer may only be served to individuals other than the8
producer such as family, friends, judges at events, and participants at events, and the9
homemade beer shall be served free of charge.10
C. No license, permit, or tax shall be required or imposed for the production11
of homemade beer in these amounts.12
§334. Purposes; requirements13
A. A producer of homemade beer, as authorized by the provisions of this14
Part, may remove up to five gallons of homemade beer from the premises of the15
household only for the purpose of transporting the homemade beer to participate in16
a bona fide local exhibition, contest, competition, fair, or festival where homemade17
beer is being tasted and judged by the general public at no cost to the person tasting18
the homemade beer.19
B. A producer of homemade beer, as authorized by the provisions of this20
Part, may remove up to twenty gallons of homemade beer from the premises of the21
household only for the purpose of transporting the homemade beer to participate in22
a bona fide national conference or festival where homemade beer is being tasted and23
judged by the general public at no cost to the person tasting the homemade beer.24
C. To be considered a bona fide exhibition, contest, competition, fair,25
festival, or conference, the event is required to have been issued a special events26
permit by the commissioner of alcohol and tobacco control pursuant to the provisions27
of R.S. 26:793(A).28 HLS 10RS-896 ORIGINAL
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§335. Other authorization1
A producer of homemade beer may remove up to two gallons of homemade2
beer from the premises of the household and transport it to an event not holding a3
special events permit issued by the commissioner of alcohol and tobacco control.4
§336. Prohibitions5
A.(1) It is prohibited for an individual to sell or offer for sale homemade beer6
under any circumstances.7
(2) Reimbursement by a special event to the producer for the costs of8
ingredients used in making the homemade beer shall be considered a sale of9
homemade beer and is prohibited by the provisions of this Section.10
B. It is prohibited for a licensed establishment to sell or serve homemade11
beer under any circumstances.12
C. General penalties provided for violations of the Louisiana Alcoholic13
Beverage Control Law shall apply to violations of the provisions of this Section and14
Part.15
§337. Rules and regulations of the commissioner16
A. The commissioner of alcohol and tobacco control shall promulgate rules17
and regulations for the enforcement and regulation of the provisions of this Part.18
B. A violation of any such rule or regulation pertaining to homemade beer19
constitutes a violation of the Alcoholic Beverage Control Law. 20
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Danahay HB No. 503
Abstract: Establishes the "Louisiana Homemade Beer Law", providing restrictions
regarding the amount of homemade beer that may be made, the transportation of
homemade beer for participation in exhibitions, contests, competitions, fairs, or
festivals and penalties for violating the provisions of this law.
Proposed law expresses legislative intent that every person shall have the right to make
homemade beer for personal, family, domestic, or household use only, free of all restraint
by other provisions of the Alcoholic Beverage Control Law. HLS 10RS-896 ORIGINAL
HB NO. 503
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are additions.
Proposed law provides that the maximum amount of homemade beer that a person 21 years
of age or older may produce per calendar year is as follows:
(1)100 gallons, if there is only one person 21 years of age or older residing in the
household.
(2)200 hundred gallons, if there are two or more persons 21 years of age or older
residing in the household.
Proposed law provides that homemade beer may only be served to individuals other than the
producer such as family, friends, judges at events, and participants at the events. Provides
that the homemade beer shall be served free of charge.
Proposed law provides that no license, permit, or tax shall be required or imposed for
production of homemade beer in these amounts.
Proposed law authorizes a producer of homemade beer to remove up to five gallons of the
homemade beer from the premises of the household only for the purpose of transporting the
beer to participate in a bona fide local exhibition, contest, competition, fair, or festival where
homemade beer is being tasted and judged by the general public at no cost to the person
tasting the beer.
Proposed law authorizes a producer making homemade beer may remove up to 20 gallons
of homemade beer from the premises of the household only for the purpose of transporting
the homemade beer to participate in a bona fide national conference or festival where
homemade beer is being tasted and judged by the general public at no cost to the person for
tasting the homemade beer.
Proposed law requires that to be considered a bona fide exhibition, contest, competition, fair,
festival, or conference, the event is required to have been issued a special events permit by
the commissioner of alcohol and tobacco control.
Proposed law authorizes a producer of homemade beer to remove up to two gallons of
homemade beer from the premises of the household and transport it to an event not holding
a special events permit issued by the commissioner of alcohol and tobacco control.
Proposed law prohibits an individual from selling or offering for sale homemade beer under
any circumstances. Provides that reimbursement by an organizer of a special event to the
producer for the costs of ingredients used in making the homemade beer is considered a
prohibited sale. Prohibits a licensed establishment from selling or serving homemade beer
under any circumstances, and provides for general penalties.
Proposed law requires the commissioner of alcohol and tobacco law to promulgate rules and
regulations for the enforcement and regulation of these provisions and provides for general
penalties for a violation of a rule or regulation.
(Adds R.S. 26:331-337)