Thanks to Tod Fyten from Mantorville Brewing for taking the time to provide a bit of an explanation of the “basement brewing” legislation that’s been bouncing around (previously mentioned here and here)…

There is a misrepresentation by some that the legislation about brewing below grade will allow folks to brew in their home basement commercially. This is not case.

The bill was introduced on behalf of a non-alcohol beverage producer who wish to produce products below grade in a commercially zoned area.

When the MN Department of Agriculture looked at the rules they realized many current commercially licensed businesses were   in compliance with the law. This included several brew pubs and breweries. Recognizing this, language was introduce to cleaned up the law to bring existing business in compliance with the law.

To become a brewer in MN you will still need to be approved federally by ATF/TTB which now include filing documents via the ATF/TTB for the Department Homeland Security and the FDA. Further you will have to be approved by the MN Department
Public Safety, the MN Department of Agriculture and by your local city government which governs local building, zoning, and  icensing issues. The key word being zoning.

Production breweries are license by the State as a manufacturing business thus local governments required them to operate in industrial zoned areas.

Brewpubs are licensed under the on premise license thus are required to operate in commercial zones, with all the requirement that come with being an on premise business.

Hope this helps everyone better understand the issues.

Tod Fyten
President/Brewer
Mantorville Brewing Company, LLC