I think that the reason it is not is related to safety.
In those moonshine reality TV shows, they say that some of the distillate is methanol, not ethanol. And methanol is highly toxic. I suppose there could some sort of licensing involved, where people have to demonstrate that they know how to identify and separate the methanol from the ethanol. And also how not to set the alcohol on fire.
Home brewing beer and wine is not likely to end up with methanol. Although I have read where people gave themselves botulism from badly brewed concoctions.
You have to work at it to brew bad beer. As long as you’re on top of sanitation, you’ll most always get a decent batch. Brewing really great beer, now that’s something else again.
A matter of State laws, not federal. A 10th Amendment issue.
That's why you discard the first drippings and distill twice.
Alcohol was always distilled twice in the traditional distilleries. The first distillation was quick and of low quality. This produced the raw spirit, which was diluted with water to 50%, distilled a second time in a column still at 174°F.
Home distillers can do this as well. First, a quick distillation (stripping) and then dilute with water to 40-50% (otherwise it will boil dry and the alcohol will not be as pure).
Distill a second time several fermentations can be distilled as one batch at the same time. Its easier to maintain the temperature and the result is a cleaner alcohol since many of the impurities are separated out during the first distillation.
Grandpa taught me.
It remains common enough around here and Ive never heard of anyone around here getting sick.
I really dont horse with it. I brew beer and make wine and mead, I occasionally freeze distill a small bit of strong apfelkorn type drink. I do wish I could find grandma's recipe though.