Ohio Clarifies the Legality of Homebrewing

Ohio Governor Mike DeWine recently signed into law Senate Bill 102, which will go into effect on March 23, 2022, bringing welcome clarity to homebrewers across the Buckeye State.  

What is a homebrewer?

The Bill, which defines “Homebrewer” as “a person who brews or ferments homemade beer or wine,” clearly states that “a homebrewer may brew or ferment homemade beer or wine without a permit issued under Chapter 4303 of the Revised Code," if certain rules and criteria are met. For example, the homebrewer may not sell homemade beer or wine, or offer it for sale. The homebrewer also may not receive compensation for participating in any event. The homebrewer is also limited annually in quantity to either no more than one hundred gallons (if the homebrewer’s household has only one person who is at least 21 years old), or no more than two hundred gallons (if the homebrewer's household has at least two or more persons over 21 years old).  

Serving homemade beer or wine and hosting events in Ohio

However, the Bill goes further than merely permitting the practice of homebrewing. For example, the Bill states that homebrewers may serve homemade beer or wine that the homebrewer brewed or fermented to family, neighbors, coworkers, and friends on private property and for private consumption, or at an event in compliance with the terms of the Bill and Ohio law.  The Bill also allows homebrewers--within certain parameters and so long as certain conditions are satisfied--to host events on private property or on the premises of some fraternal organizations, and also allows certain permit holders to host an event so long as the permit holder suspends permit privileges in the portion of its premises where the event occurs for the duration of the event and also clearly identifies and separates the homemade products from products sold by the permit holder using their permit privileges. Regardless of who is hosting an event permitted by the Bill, no homemade beer or wine may be sold, no person other than the homebrewer may acquire an interest in the homemade beer or wine, and no one may charge a fee for consumption.

Beyond homebrewing

The Bill also lowers the age that person may handle, serve, or sell beer and intoxicating liquor to 18 years of age, modifies certain Sunday sales laws, and makes it easier for certain political or charitable organizations to use beer, wine, or liquor for fundraising purposes under certain conditions.  The content of this article is not an exhaustive list of all the statutory requirements relating to homebrewing, or any other concept referenced in this article. Do not rely exclusively on this article for legal guidance, as there may be a plethora of other applicable laws, regulations, or rules that pertain to an action you be considering.  If you are considering homebrewing, hosting an event that showcases homemade beer or wine, or wish to utilize any other aspect of the Bill, you are welcome to contact the author or a Strauss Troy attorney to address any legal questions you may have concerning the Bill and its requirements.  Austin Stevenson focuses his practice on general corporate and business law, litigation, labor and employment, and real estate. Originally from Wheelersburg, Ohio, he earned his bachelor’s degree in Political Science from NKU and his law degree from University of Kentucky College of Law.