MISSISSIPPI LEGISLATURE

2011 Regular Session

To: Ways and Means

By: Representative Moak

House Bill 401

AN ACT TO AMEND SECTION 67-3-11, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A PERSON HAS THE RIGHT TO MAKE HOMEMADE BEER FOR PERSONAL, FAMILY, DOMESTIC OR HOUSEHOLD USE ONLY; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 67-3-11, Mississippi Code of 1972, is amended as follows:

     67-3-11.  (1)  Every person shall have the right to make homemade wine and beer for personal, family, domestic or household uses only, free of all restraint by this chapter or otherwise, and no such election as provided for in Sections 67-3-7, 67-3-9 and 67-3-13, shall deprive any person of the right to make homemade wine and beer for personal, family, domestic or household uses only.

     (2)  The maximum amount of homemade beer that a person may make per calendar year is:

          (a)  One hundred (100) gallons, if there is only one (1) person over the age of twenty-one (21) years of age residing in the household; and

          (b)  Two hundred (200) gallons, if there are two (2) or more persons over the age of twenty-one (21) years of age residing in the household.

     (3)  A person making homemade beer as authorized under this section may remove the beer from the premises of the household only for the purpose of participating in a bona fide exhibition, contest or competition where homemade beer is being tasted and judged; however, homemade beer may not be sold or offered for sale under any circumstances.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2011.