North Dakota

• 1/1/2015 last updated

North Dakota has some misleading laws. Legally you can distill alcohol for your own family and personal use. BUT you are only allowed to distill up to the amount of spirits that are allowed federally, and that amount is zero.

This will be great if or when the federal laws are changed to allow home distilling since no state laws will need to be changed, but until then you are legally allowed to distill 0 gallons per year legally.

Because you can legally distill spirits (just zero gallons per year) you can legally own a still, and use this still for non-moonshine manufacturing. You can even manufacture fuel with just a federal fuel permit.

5 - 01 - 04. Manufacture of alcoholic beverages prohibited

A person may manufacture alcoholic beverages for personal or family use, and not for sale, without securing a license if the amount manufactured is within quantities allowed by the alcohol and tobacco tax and trade bureau of the United States treasury department. Any person manufacturing alcoholic beverages within this state in quantities greater than those permitted by the alcohol and tobacco tax and trade bureau of the United States treasury department is guilty of a class A misdemeanor and property used for the same is subject to disposition by the court except any person may establish a brewery for the manufacture of malt beverages, a winery, or a distillery or other plant for the distilling, manufacturing, or processing of alcohol within this state if the person has secured a license from the tax commissioner.

Because of the states does allow residents to distill spirits (even if that amount is zero) and because you can own a still and the state has no requirement for a state issued alcohol fuel license this means you only need a federal fuel license to manufacture ethanol fuel.

North Dakota seems to have only a standard distillery license, no micro distillery license is available. North Dakota alcohol licenses

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.

Chapter 5-01-04

Any person manufacturing alcoholic beverages within this state in quantities greater than those permitted by the alcohol and tobacco tax and trade bureau of the United States treasury department is guilty of a class A misdemeanor and property used for the same is subject to disposition by the court

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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