CHAPTER 315

FORMERLY

HOUSE SUBSTITUTE NO. 1 FOR

HOUSE BILL NO. 407

AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO ALCOHOLIC LIQUORS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):

Section 1. Amend Chapter 9, Section 905(b), by deleting the subsection in its entirety and substituting in lieu thereof a new subsection (b) to read as follows:

"(b) Nothing in this section shall apply to the making of beer, cider or wine for personal consumption and not for the purpose of sale, nor to fermented liquids used in the manufacture of vinegar exclusively; however, no pipe, conductor, or contrivance of any description whatsoever whereby vapor might in any manner be conveyed away and converted into distilled spirits, shall be used or employed or be fastened to or connected with any apparatus used for the manufacture of beer, cider, wine, or vinegar except in the case of a duly licensed manufacturer. Any violation of the provision of this subsection shall carry the same penalties as provided in subsection (a) of this section."

Section 2. Amend Chapter 7, Section 707, by deleting the subsection in its entirety and substituting in lieu thereof a new Section 707 with subsections (a) through (d) to read as follows:

"§ 707. Home manufacture of beer or wine for personal consumption.

(a) No license or special permit shall be required for the manufacture within homes, or other premises used in connection therewith, of beer in quantities of 200 gallons or less during any calendar year, or wine in quantities of 200 gallons or less during any calendar year, for the personal consumption only of the homeowner(s), their families, or their guests; provided, however, that such beer or wine shall not be offered for sale.

(b) Such beer or wine, when manufactured and used as set forth above, shall not be subject to any taxes imposed by the Liquor Control Act.

(c) Beer and wine manufactured pursuant to this section may be removed from the home and transported for personal or family use, and in addition may be transported for the purposes of participating in club-sponsored events and tasting competitions.

(d) Notwithstanding any other provision in this chapter or title, concentrated alcoholic beverages are not "home-manufactured beer or wine" for purposes of this section, and all Commission regulations and tax requirements concerning home-manufactured beer or wine shall not apply to concentrated alcoholic beverages."

Section 3. This Act shall become effective upon its enactment into law.

Approved June 25, 1998