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 Message Boards » » Distilleries in NC Page [1]  
mildew
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I'm seeing a lot of moonshine starting popping up from North Carolina. I'm wondering if it is now legal to actually have the distillery in North Carolina, and if it is only for moonshine?

anyone have the info on the regulations?

1/2/2014 9:36:13 PM

Smath74
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do you mean a commercial distillery or one for your own personal use? I know there is a rumor that you can make/have a small amount of shine for personal consumption, but that is false.

1/2/2014 9:57:33 PM

Talage
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Pretty sure its been legal to have a distillery in NC for years...just nobody had bothered to go through the effort until the past couple of years. Why pay the taxes & fees and tell the ATF where you are when your family has been making it illegally for several generations?

1/2/2014 10:08:18 PM

mildew
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I'm interested the laws for both home use and commercial

1/2/2014 10:20:43 PM

NeuseRvrRat
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i think it's only legal to make up to X number of gallons if it's for use as a fuel

but as long as you're not selling it, no one should know and the law is going to leave you alone.

[Edited on January 2, 2014 at 10:31 PM. Reason : ad]

1/2/2014 10:30:41 PM

ncsuapex
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And if you are making it for fuel you have to pay taxes on it.

1/2/2014 10:34:11 PM

NeuseRvrRat
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it's hard for them to make you pay taxes on something no one knows about

1/2/2014 10:38:34 PM

ncsuapex
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Well. Yeah. But if you wanted to be legit and make fuel you have to pay taxes.

1/2/2014 10:40:13 PM

mildew
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How is it not legal to make super high gravity beers but people can legally make moonshine for commercial distribution. I've seen North Carolina made moonshine in ABC stores

1/2/2014 10:50:44 PM

richthofen
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From the bourbon thread:
Quote :
"Not a bourbon, but considering we don't have a general whiskey thread--someone brought a bottle of Defiant American Single-Malt Whisky to the NYE party I went to last night. Distilled in the mountains of NC. Pretty good stuff; very, very smooth.
"


Also, Krupnikas is made in Durham. One of the guys who runs the place used to work with my wife.

^Is there still an upper limit on beer? I know I've seen like 11-12% but I don't know if I've seen higher than that.

[Edited on January 3, 2014 at 12:13 AM. Reason : Don't forget Cardinal Gin]

1/3/2014 12:12:39 AM

BIGcementpon
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http://www.juniorsmidnightmoon.com
Made in Rockingham County.

1/3/2014 1:25:39 AM

StingrayRush
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^^ i wanna say 15% is the max but i'm not positive about that

1/3/2014 6:33:45 AM

BIGcementpon
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^pretty sure you're correct - 15%.

1/3/2014 8:10:13 AM

dtownral
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Quote :
"How is it not legal to make super high gravity beers but people can legally make moonshine for commercial distribution."

"moonshine" is just regular liquor, nothing special about it (except that it tastes like shit). it has to be sold in ABC stores like other liquor, that's why its different from beer.

the limit for malt beverages is 15% by volume, and anything over 6% must have a label with the alcohol content. fortified wine can be up to 24%. liquors have no limit.

1/3/2014 8:18:57 AM

TKE-Teg
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Quote :
" liquors have no limit."


I guess that's technically true, but haven't they made it quite difficult to purchase Everclear?

1/3/2014 8:22:53 AM

Jeepin4x4
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i was always under the impression that commercial "moonshine" was nothing like the stuff you get in a mason jar from your co-worker's uncle's cousin.


that being said, i would love to build my own still and try my hand at making a batch.

1/3/2014 8:28:39 AM

dtownral
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Quote :
"I guess that's technically true, but haven't they made it quite difficult to purchase Everclear?"

yeah, anything sold has to be approved by the commission

1/3/2014 8:35:15 AM

Nighthawk
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Quote :
""moonshine" is just regular liquor, nothing special about it (except that it tastes like shit)."


Bullshit. I had some moonshine (illegally produced liquor) made by a friends family member that he gets each year for Christmas. Stuff is delicious. Apple flavored. LOVE IT.

1/3/2014 8:38:48 AM

dtownral
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but there is nothing special about it, its just unaged white rum

1/3/2014 9:49:36 AM

wdprice3
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I thought the 15% ABV limit on beer applied only to commercial/sales?

1/3/2014 10:28:43 AM

TKE-Teg
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Huh? It's illegal to purchase beer above 15% abv in NC, on any level.

1/3/2014 10:52:46 AM

dtownral
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^^ i assumed so, i didn't realize we were talking about beer you brew yourself

1/3/2014 11:09:16 AM

mildew
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I guess a $300 permit is all you need to start legally making liquor

Quote :
" Authorization of distillery permit. Fee: $300.00 (18B-1105)

Authorized Acts. Form - The holder of a distillery permit may:
Manufacture, purchase, import, possess and transport ingredients and equipment used in the distillation of spirituous liquor;
Sell, deliver and ship spirituous liquor in closed containers at wholesale to exporters and local boards within the State, and, subject to the laws of other jurisdictions, at wholesale or retail to private or public agencies or establishments of other states or nations;
Transport into or out of the distillery the maximum amount of liquor allowed under federal law, if the transportation is related to the distilling process.
Distilleries for Fuel Alcohol. Form - Any person in possession of a Federal Operating Permit pursuant to Title 27, Code of Federal Regulations, Part 201.64 through 201.65 or Part 201.131 through 201.138 shall obtain a fuel alcohol permit before manufacturing any alcohol. The permit shall entitle the permittee to perform only those acts allowed by the Federal Operating Permit, and all conditions of the Federal Operating Permit shall apply to the State permit.
"



http://abc.nc.gov/permits/commercial_kinds.aspx#GS18B1105a

1/3/2014 1:16:44 PM

dtownral
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are you asking about making it for yourself, or making it commercially? that applies to commercial distilleries.

1/3/2014 1:36:34 PM

Mtan Man214
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I've been homebrewing for a while, beer and cider, and looked at distilling last spring and this is what I learned:

1) In NC it is illegal to distill without a permit and these are really only available to commercial distilleries. It is not legal AT ALL to distill without a permit. The myth of "you can make it, you just can't sell it" is false. This is true for homebrew beer, wine, ciders, mead and hooch but not for liquors, which is the way it should be because:

2) Distilling is dangerous. While I can assume that most of the users in this thread could do it safely, there are enough fuckwhits in this state that will burn down their neighborhoods or poison others that it should be illegal. While distilling isn't as dangerous as making meth, it can be just as devastating, because during the process you'll have a highly flammable liquid in close proximity to a heat source or open flame. If you're making more than a few ounces, you have the potential to burn your house/apartment down in minutes.

There's also the issue that without the right equipment you can easily leach toxic amounts of heavy metals and other chemicals into the moonshine. Poisoning through moonshine is common, especially since a lot of moonshiners will repurpose things for condensers, like radiators, rather than spend a lot of money to make their own.

3) It's cost prohibitive, at least on the scale that would keep you under the radar of LEOs. The equipment, ingredients and time it would take to make a pint or so of high quality moonshine would probably cost more than just going to the ABC store and buying it legally.

Also concerning the commercial permits. Several years ago the permitting process was extremely difficult and expensive. The group that ran "Pop The Cap" for beer had a much quieter and less controversial push to loosen restrictions and costs for commercial distilleries in NC. Before the change there was only 1 legal distillery operating in NC, Junior (?) Johnson Moonshine. After the law changed several craft brewers began opening commercial distilleries, they expect to see the number of permits in NC rise over the next few years as the market is tested and a demand for NC liquor increases.

If the legality of distilling is not enough to discourage you from doing it, just make sure to do it outdoors, away from anything that could catch fire. And do your research, you can use a lot of cheap products for making beer and hooch, but cutting corners with moonshine can lead to some pretty big problems.

EDIT: on the 15% issue for beer. It was originally 6% cap, which is what spurred the whole "Pop The Cap" movement and raised the limit. This removed any market restrictions to commercial craft brewers, and is one reason why we've seen such an explosion in breweries in NC over the last decade.
This only applies to commercial brew, you can brew whatever you want at home This applies to commerical and homebrew, though I doubt they'd ever enforce this on a homebrewer, though I wouldn't ever go over 12% for beer, cider or mead. There aren't any styles that go above 12% that I know of, and I wouldn't want to try them if they did. High alcohol beer can taste like shit unless it's been given a long time to age.
Also most yeasts won't ferment above that anyways, so 15% is a pretty high ceiling.



[Edited on January 3, 2014 at 3:53 PM. Reason : 15%]

http://www.ncagr.gov/aglaw/alcoholic_beverages.htm

[Edited on January 3, 2014 at 3:55 PM. Reason : website]

1/3/2014 3:36:05 PM

NeuseRvrRat
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Quote :
"but there is nothing special about it, its just unaged white rum"


naw

1/3/2014 5:44:08 PM

Skack
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^^ Spot on except for one part IMHO...


Quote :
"2) Distilling is dangerous. While I can assume that most of the users in this thread could do it safely, there are enough fuckwhits in this state that will burn down their neighborhoods or poison others that it should be illegal. While distilling isn't as dangerous as making meth, it can be just as devastating, because during the process you'll have a highly flammable liquid in close proximity to a heat source or open flame. If you're making more than a few ounces, you have the potential to burn your house/apartment down in minutes."


While I agree that most people don't need to be running a homemade pressure cooker style still on the stove something like the Still Spirits Air Still should be quite safe. Just remember to discard the methanol so you don't go blind.

http://stillspirits.com/products/turbo-air-still

[Edited on January 3, 2014 at 7:27 PM. Reason : ;]

1/3/2014 7:26:48 PM

Smath74
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^is that really necessary? the methanol that would form in beer or wine isn't discarded... or does the distilling produce more of it?

(or is it just a concentration thing?)

1/3/2014 7:57:23 PM

ncsuapex
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A reflux still is the way to go for personal use.

1/3/2014 7:57:43 PM

Mtan Man214
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^^^Like I said, I don't think anyone on this board would be a problem. Being able to read and have a basic grasp at researching something before hand can pretty much eliminate any concerns of danger.
However, this state is full of idiots with no teeth who would attempt to make a still out of anything they can find in the garage and reproduce their gf's cousin's great uncle's shine recipe without any care for the fact that his entire family went blind and then hand it out to half of JoCo.

If it was possible to regulate moonshine so it was created in a vessel like the turbo still, then yeah, it'd be safer than cooking spaghetti.

^^Methanol is formed in trace amounts in the fermentation of grain sugars. It's not really a concern with most fermented beverages in such low amounts. The concern with moonshine is that it, and several other harmful compounds, vaporize at lower temperatures than ethanol. Which means the first shot out of the still is usually straight methanol and shit you don't want to drink. Any moonshiner who understands even the basics of distilling knows to pour the first few shots out. Once those are gone there's very little to worry about.

There is a history of shitty moonshiners ADDING methanol to give their drink an extra kick. It will pass the flame test since methanol doesn't create a colored flame when burned, so it was a very cheap and easy way to cheat some credibility to your product without anyone noticing

1/3/2014 9:37:17 PM

Skack
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Agreed. I was really commenting on distilling for personal use in a manner similar to home brewing. I agree that you can get some questionable goods from people who are producing untaxed liquor for a profit.

[Edited on January 4, 2014 at 12:31 PM. Reason : l]

1/4/2014 12:29:22 PM

Flyin Ryan
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think the law is you can make 5 gallons for your own personal use

there's a show not many people know about in western N.C. of a rich doctor that has made an 1800s town that is authentic, but it's only open one weekend a year and that's it, and there's a limited number of tickets

they have a distillery and to be authentic they're of course making alcohol, the state comes in and checks the place out; apparently they made 10 gallons and were told to "keep 5 and throw the other 5 away", the doctor told the distiller "go hide the other 5 in the woods somewhere"

[Edited on January 4, 2014 at 7:20 PM. Reason : /]

1/4/2014 7:15:16 PM

NeuseRvrRat
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^

1/4/2014 7:44:54 PM

Smath74
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^^

1/4/2014 8:29:17 PM

Netstorm
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I personally like Broadslab, but mostly I mention it because they're close by and could use the business.

http://broadslabdistillery.com/Home.aspx

1/4/2014 9:13:58 PM

emory
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molasses and bread yeast makes a pretty good rum. pot still over the stove is not dangerous. avoid aluminum pots. methanol is a non issue unless you ferment fruit. foreshots always contain some ethyl acetate and you can identify it by taste. learn to make cuts. fun and easy hobby.

1/5/2014 12:58:09 AM

mildew
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Quote :
"are you asking about making it for yourself, or making it commercially? that applies to commercial distilleries."


Both. Someone correct me with proper citation if I am wrong... but it appears that you need to be making it commercially and get approved for a permit to legally make it. It does not appear that making it for yourself is legal as you cannot get the proper permit without being commercial.

1/6/2014 11:30:35 AM

mdozer73
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^ That's the way I read the statute as well.

1/6/2014 2:49:31 PM

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