To: Maryland Wineries Who Hold a Class 4 Limited Winery License

Subject: 2005 Legislative Session - Pomace Brandy

The 2005 General Assembly saw the passage of numerous bills affecting Maryland’s alcoholic beverage laws. A complete list of the statewide bills affecting alcoholic beverages can be found on the Division’s website.

Of immediate interest is the passage of Senate Bill 668, which was signed by the Governor and became Chapter 168 of the Acts of 2005. That bill, which takes effect July 1, 2005, will allow holders of the Maryland Limited Winery License to distill and bottle up to 200 gallons of pomace brandy per year. Pomace brandy is defined as brandy that is distilled from the pulpy residue of the wine press, and includes the skins, pips, and stalks of grapes.

In addition to limited distilling authority, the law will allow the limited winery license holder to:

• Sell and deliver the pomace brandy to any license holder in this state or person outside of this state authorized to receive it. Check to be sure that if you sell to a wholesaler or retailer that they hold a license that authorizes sales of distilled spirits.
• Sell the pomace brandy to a person at the winery who has participated in a guided tour of the facility. The purchase is limited to one quart per person for each brand, per year. The consumer must be of legal drinking age.
• Serve at no charge not more than six ounces of pomace brandy to persons participating in a guided tour or a promotional event held at the winery.

In connection with the new pomace brandy authority, will be a requirement that if you manufacture pomace brandy, to report that activity and pay the state distilled spirits tax by filing a distilled spirit tax return. The state tax on distilled spirits is $1.50 per gallon. Please call this office and request a supply of form 34 ATTB be sent out.

Larry W. Tolliver

Director