What is the test for illegal distillation?
The test for illegal distillation is primarily based on the presence of a still and the intent to produce distilled spirits for human consumption. The federal law, under Section 5601 (a) (7), makes it a felony to distill or ferment any material for the purpose of producing distilled spirits without a federal Distilled Spirits Plant (DSP) permit. This applies regardless of state law, as federal law preempts state statutes when they conflict. The absence of a DSP permit renders the act unlawful from the moment the still is assembled with intent to produce ethanol for human consumption. Intent is inferred from equipment configuration, ingredients, and operational context, not from a disclaimer written on a sticky note.
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