My business partner and I (at the nearly open Taos Ale House) have been discussing eisbier for a few years, and our impression has been that eis-ing is considered an artificial method of concentrating alcohol and so is legally categorized as a distilled product requiring a distiller’s license.
However, we’ve been unable to verify this with the actual legal code or statute, and have heard of occasional eis-style beers being offered in the United States. Can anyone me to any material that would clarify this issue for us?
Some folks at least believe it to me legal and the TTB has allowed things like the old Kulmbacher Eisbock or any of the new “Mega” Beers from Brew Dog on the shores.
From what I’ve been told it is not considered distillation and breweries can do it if they like.
Also, Redhook released an eisbock this year, I doubt they would have done it if they weren’t sure of the legalities. Of course, just because they call it an eisbock doesn’t mean they actually removed any water.
I agree with Tom, but unless there’s a lawyer who’s familiar with local and Federal statutes on this board, you’d be better off contacting a lawyer or the ATF than asking homebrewers for a legal opinion. I mean, would ya ask your lawyer about mash temps?
If his name was Pawtucket Patriot, you certainly could! ;D
I would echo Denny’s advice though. Local alcohol-related regulations are often very complex. If you’re unsure about being in compliance, you should seek out a local attorney with specialized knowledge of the regulations in your jurisdiction.
Thanks guys. We’d definitely do the deeper legal research before turning out an eisbier, but that’s a ways off. I just thought I’d see if this issue is as confusing to everyone else as it is to us, or if we’re missing something, some easy answer.
And our attorney does indeed know a few things about mash temps …
I’ve heard it both ways. Some say it is and others believe not. I think it will depend on how the law will be interpreted if bought to a court’s attention.
Eisbock beer created via freeze distillation of doppelbock beer. Increasing the strength of beer by “freeze distillation” is the process of enriching the beer by partially freezing it and removing frozen material that is poorer in alcohol than the liquid portion left behind. The question is whether or not the law will interpret this process as distillation.
According to 26 USCS § 5002 the terms distilled spirits, alcoholic spirits, and spirits means “substance known as ethyl alcohol, ethanol, or spirits of wine in any form (including all dilutions and mixtures thereof from whatever source or by whatever process produced)."
I’m not a lawyer but there are some members here that are…maybe we can get some interpretation from them.
Do you have Brewers Notice?
If yes contact your friendly TTB agent.
They will be more then willing to help.
Another thing is that by freezing you are removing volume.
Beer is taxed by volume (not by % of alcohol).
You would still have to have process permit by TTB because in essence you are reducing volume and government is losing tax.
We’re still waiting for our Brewers Notice, got the state and town taken care of already. We’ll definitely talk to someone at the bureau and diligently research the federal and state statutes … when that time comes. I just wanted to see what the good citizens of Forumland might know, kind of a pre-pre-preliminary step.
When you speak of the almost open Taos Ale House are you referring to Taos New Mexico? I need another reason to head north since I’m too old and beaten down to ski.
There is, apparently, an article in the Winter 1995 issue of Zymurgy by Dennis Davison that covers this. I don’t have access to the article and have not read it (and of course it is fairly dated at this point), but here is a quote I found on another forum. I make no claim as to its accuracy. Tracking down the article might be a good starting place.
“According to Bureauf of Alcohol, Tobacco and Firearms officials, the process of freezing beer and removing ice is called concentrating. A brewer may not employ any process of concentration that separates alcohol spirits from any
fermented beverage, and since ice is being removed from beer, this concentration procedure is legal.”
