New York

• 1/1/2015 last updated

In New York it is illegal to own a still that is intended for use of manufacturing moonshine. A still that uses a boiler that is 1 gallon or smaller can be owned for the distilling of water or in the use in the manufacture of essential oils, vinegars, etc. without a license.

153 - Stills and distilling apparatus

Any person who shall manufacture any illicit alcoholic beverage or who, not being duly licensed as a distiller under the provisions of the alcoholic beverage control law, shall own, operate, possesses or have under his control any still or distilling apparatus is guilty of a felony. "Still" or " distilling apparatus" shall mean any apparatus designed, intended, actually used, or capable of being used for or in connection with the separating of alcoholic or spirituous vapors, or alcohol or spirituous solutions, or alcohol or spirits, from alcohol or spirituous solutions or mixtures, but shall not include stills used for laboratory purposes or stills used for distilling water or other nonalcoholic materials where the cubic capacity of such stills is one gallon or less.

New york does offer a fuel license to manufacture your own ethanol fuel. The fee is $800 per year and allows the manufacture of up to 100,000 gallons.

91-A - Industrial alcohol manufacturers' permits.

An industrial alcohol manufacturer's permit may be issued by the liquor authority entitling the applicant to manufacture alcohol intended for use and/or used for the following purposes: For scientific, chemical, mechanical, industrial, medicinal and culinary purposes. For use by those authorized to procure alcohol tax-free, as provided by the acts of congress and regulations promulgated thereunde

New York seems to only have one license for distilleries, but their site is so old and out dated I could be wrong.

N.Y. ABC. LAW § 61 : NY Code - Section 61: Distiller's license

A class A distiller's license shall authorize the holder thereof to operate a distillery for the manufacture of liquors by distillation or redistillation at the premises specifically designated in the license. Such a license shall also authorize the sale in bulk by such licensee from the licensed premises of the products manufactured under such license to any person holding a distiller's class A license - See more at: http://codes.lp.findlaw.com/nycode/ABC/5/61#sthash.3Pa81lZP.dpuf

There are several licenses you need to request to legally manufacture spirits. Below are the federal licenses only. Additional state requirements will need to be followed as well.

You must submit a request for a license to manufacture spirits: TTB 5110.41 Basic permit.

This license only allows you to produce spirits. You also need a license for the distilling equipment / distillery: TTB 5100.24 Distilled spirit plant

For manufacturing ethanol fuel you will need to submit a request for a TTB 5110.74 for a federal license.

153 - Stills and distilling apparatus

Any person who shall manufacture any illicit alcoholic beverage or who, not being duly licensed as a distiller under the provisions of the alcoholic beverage control law, shall own, operate, possesses or have under his control any still or distilling apparatus is guilty of a felony. "Still" or " distilling apparatus" shall mean any apparatus designed, intended, actually used, or capable of being used for or in connection with the separating of alcoholic or spirituous vapors, or alcohol or spirituous solutions, or alcohol or spirits, from alcohol or spirituous solutions or mixtures, but shall not include stills used for laboratory purposes or stills used for distilling water or other nonalcoholic materials where the cubic capacity of such stills is one gallon or less.

151. Possession of illicit alcoholic beverages

Any person who shall knowingly possess or have under his control any illicit alcoholic beverages is guilty of a misdemeanor.

152. Sale of illicit alcoholic beverages

(a) Any person who shall knowingly barter or exchange with, or sell, give or offer to sell or to give another any illicit alcoholic beverage is guilty of a misdemeanor.

It is a misdemeanor to be in possession of moonshine or attempting to sell illegal spirits. It is a felony to manufacture moonshine.

Current federal laws allow citizens the right to own a still and operate it for non-alcohol production.

This means legally you can:

• Own, manufacture, sell or be in possession of a still.
• Distill water
• Produce essential oils or other non-alcohol liquids
• Fuel production is legal federally with the correct licenses.

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