SENATE BILL REPORT

SB 5060

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As Amended by House, April 6, 2009

Title: An act relating to the use of manufactured wine or beer.

Brief Description: Modifying provisions relating to the use of manufactured wine or beer.

Sponsors: Senator Jacobsen.

Brief History:

Committee Activity: Labor, Commerce & Consumer Protection: 1/20/09 [DP].

Passed Senate: 2/27/09, 45-0.Passed House: 4/06/09, 90-3.

SENATE COMMITTEE ON LABOR, COMMERCE & CONSUMER PROTECTION

Majority Report: Do pass.

Signed by Senators Keiser, Vice Chair; Holmquist, Ranking Minority Member; Franklin, Honeyford, King and Kline.

Staff: Mac Nicholson (786-7445)

Background: Beer and wine made in the home is generally exempt from regulation under the state alcohol beverage control laws, provided the beer or wine is consumed in the home and not sold. State law does allow an adult to remove up to one gallon of home-made beer and wine from the home for exhibition or use at an organized beer or wine tasting or competition. Home-made beer and wine removed from the home cannot be sold or used by any person other than the producer and the event judges. Any beer or wine left over from the tasting or competition must be returned to the home in which it was produced.

Summary of Bill: Home-made beer and wine is not required to be consumed in the home where it was produced. Rather, home-made beer and wine may be used for private consumption. The amount of home-made beer or wine an adult may remove from the home is changed from one gallon to 20 gallons. In addition to exhibitions and organized beer or wine tastings and competitions, home-made beer and wine may be used for meetings, conferences, and by 501(c)(3) nonprofit organizations. The use of home-made beer and wine removed from the home is no longer limited to the producer and event judges.

Appropriation: None.

Fiscal Note: Not requested.

Committee/Commission/Task Force Created: No.

Effective Date: Ninety days after adjournment of session in which bill is passed.

Staff Summary of Public Testimony: PRO: This legislation would allow home-brewers to go to a neighbor's house and share their home-brew or bring their home-brew to a family dinner. The bill helps support the beer and wine industries in Washington. The bill gives home-brewers the ability to get feedback on their beer from others without fear of breaking the law.

Persons Testifying: PRO: Mark Emiley, Bob Edmiston, Washington Homebrewers Association; Alejandro Brown, Big Al Brewing; Kenneth Reister, South Sound Suds Society.

House Amendment(s): Eliminates the ability to give family beer or wine to nonprofits and to use family beer or wine at conferences. Restricts the use of family beer or wine to private consumption and organized beer tastings or competitions.