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N Cal Attorney
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is it legal to build a whiskey still? i have people that would

Resolved Question:

is it legal to build a whiskey still? i have people that would want to buy them if i make them, would i be allowed to sell it to them?
I also want do become a legal distiller what steps would i have to follow to do this?
Submitted: 5 years ago.
Category: Business Law
Expert:  N Cal Attorney replied 5 years ago.
links to the federal permit application to become a licensed distiller.

S3: I've seen ads for home distilling equipment in catalogs ("turn wine into brandy," "make your own essential oils"). Is it legal to buy and use a still like that?
Under Federal rules administered by TTB, it depends on how you use the still. You may not produce alcohol with these stills unless you qualify as a distilled spirits plant (see earlier question). However, owning a small still and using it for other purposes is allowed. You should also check with your State and local authorities - their rules may differ.
A still is defined as apparatus capable of being used to separate ethyl alcohol from a mixture that contains alcohol. Small stills (with a cubic distilling capacity of a gallon or less) that are used for laboratory purposes or for distilling water or other non-alcoholic materials are exempt from our rules. If you buy a small still and use it to distill water or extract essential oils by steam or water extraction methods, you are not subject to TTB requirements. If you produce essential oils by a solvent method and you get alcohol as a by-product of your process, we consider that distilling. Even though you are using and recovering purchased alcohol, you are separating the alcohol from a mixture -distilling.
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S4: What requirements are there for people who sell stills?
Under regulations in part 29 of title 27, Code of Federal Regulations, TTB has the right to require manufacturers of stills to give us the name and address of each customer. If we choose to impose this requirement, we inform the manufacturer of the stills by letter.
lists Ohio permit types and fees. It looks like you would need an A3 permit to open a distillery.

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I hope this information is helpful.
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Expert:  N Cal Attorney replied 5 years ago.
Thank you for accepting my answer.