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Legalities of Ethanol Distillation

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  • Legalities of Ethanol Distillation

    Hi All
    Just in case any one has any doubts as to the legality of still's such as ones used for the production of Ethanol for drinking which is the same as Ethanol for fuel here is a link to the act which should be read carefully
    (Sorry guys the link is not working at present will investigate and have another go shortly)
    The bottom line is that about 5 litres capacity is the limit that one can have without declaring it to the excise people
    It is a bit hard to decipher wether that is 5 litres of alcohol remaining in the bottom after distillation which will mean a vessel of about 32 odd litres at 15% alcohol content in the brew or 5 litres capacity of brew
    I am not going to elaborate on that, not qualified
    It is a moot point nevertheless I can guess what most people would follow
    For a reading on a good discussion of the merits of all this you may visit http://www.homedistiller.org/
    click on introduction on the left hand side and down to legalities and read about the topic in the section relating to Australia, or wherever there is a comment about your country
    Cheers
    Chris
    Cheers
    Chris
    Never give up :)

  • #2
    Re: Legalities of Ethanol Distillation

    Note: the morality of making your own fuel could well be different to the legalities of making your own fuel, if you consider where it comes from and what it takes to get it......

    I thought if I go this path, I will drain the ethanol into a drum of petrol, so I cant be accused of producing grog.
    cheers<BR>Chris.<BR>1990 landcruiser 80, 1HD-T two tank, copper pipe HE+ 20 plate FPHE, toyota solenoids and filters. 1978 300D, elsbett one tank system.<BR>

    Comment


    • #3
      Re: Legalities of Ethanol Distillation

      Originally posted by Captain Echidna View Post
      Note: the morality of making your own fuel could well be different to the legalities of making your own fuel, if you consider where it comes from and what it takes to get it......

      I thought if I go this path, I will drain the ethanol into a drum of petrol, so I cant be accused of producing grog.
      Hi Chris
      All is required of you by law is to denature it by the addition of 5% of petrol or as it is done with methylated spirits with ether Methanol or Butanol whatever is the cheapest
      That is why the stuff taste like S..t
      Who is going to accuse you any way?
      Cheers
      Chris
      Never give up :)

      Comment


      • #4
        Re: Legalities of Ethanol Distillation

        Probably the only time you would get picked up would be if you started selling it!
        cheers<BR>Chris.<BR>1990 landcruiser 80, 1HD-T two tank, copper pipe HE+ 20 plate FPHE, toyota solenoids and filters. 1978 300D, elsbett one tank system.<BR>

        Comment


        • #5
          Re: Legalities of Ethanol Distillation

          I have had some communication with organisations within the australian tax department (namely the alcohol industry group and the concessional spirits group) about the production of ethanol. The following is some of the things I have found:

          Regardless of wether you denature the alcohol or not, you need an excise license for the manufacture of ethanol.
          Ethanol is currently excised at about $60/L, when used for an excisable purpose.
          The reguations governing the storage of ethanol, and the reporting of it's use are very strict.
          I would suggested that it would be illegal for you to produce any quantity of ethanol without a permit.
          Production, in the eyes of the ATO, includes distillation of any kind.

          I am by no means an expert, and have only looked into things from the perspective that is required for my work, but if you do have any specific queries, I reccommend having a look at this website :

          Excise

          or ringing the ATO and asking.

          Hope this helps

          Cheers
          Troy
          Please click below for info on how you can help the victims of spinal injury, or just spread the word.

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          • #6
            Re: Legalities of Ethanol Distillation

            Originally posted by Captain Echidna View Post
            Probably the only time you would get picked up would be if you started selling it!
            That's true mate but isn't it a pain in the butt that we are forced to do things under the radar? Surely it would be much better to encourage the production of fuel from ethanol or/and biodiesel by the little blokes...such as ourselves...(so long as things are done safely) after all, I don't believe to many Aussies would go making their own fuel, most people would put that in the to hard basket and keep buying their fuel from fuel stations...so the ATO would loose very little on fuel taxes, on the other hand, when enough people had proven it safe to use ethanol or/and biodiesel as fuel, then the big oil companies may start production of ethanol and biodiesel at a price we can all aford.
            On my last trip to Queensland late last year, on the outward bound trip and the homeward bound trip, I fueled-up with biodiesel in NSW, the cost of biodiesel in NSW was about 1.3c per litre less than petrodiesel! When I enquired from the FS owner how bio' was selling, I was told there was little demand! At a price difference of 1.3c per litre it's no wonder I was only the second customer for biodiesel that fuel station had had for the whole week! The other thing about that NSW FS, they advertised their biodiesel as...Diesel! But clearly anyone with a little expierence could tell this was not your everyday diesel! I told them if I was selling the biodiesel I would advertise it as BIODIESEL! Helping save your environment! But then what do I know!

            Bill
            Who says you can't teach old dogs new tricks?
            This old dog has been learning new tricks for years and...
            I hope I can continue to do so!:cool:

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            • #7
              Re: Legalities of Ethanol Distillation

              Why don't you contact the Fuel and Energy group at the ATO and see about getting an excise permit to make your own ethanol? You just need to be able to tell them exactly where is it and where it is going at all times, and need a premises with a dangerous goods license iirc.

              They are quite friendly people and will go out of their way to try and help you in my experience. The only hard part is trying to find the right person to talk to, and explaining exactly what you intend to do.
              Please click below for info on how you can help the victims of spinal injury, or just spread the word.

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              • #8
                Re: Legalities of Ethanol Distillation

                Lets look at this in a different light. Please all take a visit to your local Home Brew Shop. Just marvel at the range of stuff available for making spirits.

                Now watch the line of people buying the stuff. A policeman, a taxi driver, a fireman, the bailif, ambos, your neighbour....... and the list goes on and on...........

                Now how many people have you seen in the law list being convicted of running and illegal still?!

                I've never heard of anyone, but I know of plenty that have stills, of varying sizes. In the local home brew shop here I was shown a photo of a still constructed from a 44 gallon drum.....

                So all I can say is you manage the risk........ and enjoy

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                • #9
                  Re: Legalities of Ethanol Distillation

                  but also consider the quantity that is being made. You're going to be making a whole lot more ethanol if you are using it as a fuel, than if you are drinking it. That said, the excise on fuel ethanol is much less than that of drinking ethanol, so they MAY not be as concerned about it.

                  I wouldn't bet on it however. What are the penalties if you were to do it and get caught?
                  Please click below for info on how you can help the victims of spinal injury, or just spread the word.

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                  • #10
                    Re: Legalities of Ethanol Distillation

                    Originally posted by TroyH View Post
                    Why don't you contact the Fuel and Energy group at the ATO and see about getting an excise permit to make your own ethanol? You just need to be able to tell them exactly where is it and where it is going at all times, and need a premises with a dangerous goods license iirc.

                    They are quite friendly people and will go out of their way to try and help you in my experience. The only hard part is trying to find the right person to talk to, and explaining exactly what you intend to do.
                    Eureka!!!! I’ve just thought of a way to solved all my ethanol AND biodiesel production problem with one stroke of genus! If I follow my idea I could forget about the ATO, distilling ethanol or/and making biodiesel.
                    On the 6/3/07 I was rushed in to hospital with a massive heart attack and it seems I have now joined an exclusive group of people who are very susceptible to another heart attack which may be fatal, stroke, diabetes and what not, anyway this morning I was offered a decent price for my 96 Fairlane by a mate, the Fairlane is MPFI and I was going to use the Fairlane for 100% ethanol fuel trials…but now with my idea (I’m no spring chicken…more like an old goat)… my problems would disappeared like that puff of smoke from a TDI Disco when you first fire it up!
                    I could sell my Fairlane to my mate but keep my TDI Disco. From some of the proceeds from the sale of my Fairlane I’ll buy a bike, so I can use the bike for a bit of local shopping and getting around locally, (it will also help me keep fit) and for getting out the bush on fishing and gold fossicking trips, I have the Disco! So between the bike for getting around locally and the Disco TDI for my bush trips, I’ll only be filling-up with diesel about once every month or six weeks! Beauty!
                    If I sold my Fairlane and buy a bike, I could also sell the plans and the manual plus all the copper for building the Charles 803 Reflux Still that was going to be used for distilling ethanol! I can also sell the manual, plans and the 250L Rheem hot water service I was setting-up as my biodiesel reactor and… I can also sell the manual and the plans for generating your own electricity to run your home on! The manual consists of four books in one which are:
                    Volume 1: Electricity – Make it, Don’t Buy it! Volume 2: Methane! Volume 3: Free Energy Notes! Volume 4: Passive & Active Solar!

                    My stint in hospital put me well behind on the various projects I had in hand, like repairing the very large filter in my water-garden set-up, (this is important as the lives of many fish depend on the operation of that filter) and the large bird-room/aviary I’m building and now it’s sitting there half finished. My stint in hospital also made me realise that I’m not as young as I thought I was and now I can no longer do the things I once did…well I can…it’s just that it takes me so much longer to do! Anyway, as I use so little fuel (diesel or petrol) perhaps I would be wasting my time and money by building a biodiesel reactor or/and a reflux still. I’ve got to be realistic about things and face the fact that I’m not as young and indestructible as I once thought I was …What do you think, should I sell my Fairlane, all my biodiesel/ethanol plans and manuals, the copper and other gear and buy a bike?
                    My wife says I should sell the Ford and all the ethanol/biodiesel gear, use the money to buy a bike and get someone in to finish the bird-room/avairy but…what do you lot think?

                    Cheers,

                    Bill
                    Who says you can't teach old dogs new tricks?
                    This old dog has been learning new tricks for years and...
                    I hope I can continue to do so!:cool:

                    Comment


                    • #11
                      Re: Legalities of Ethanol Distillation

                      Just so you all know, the legalities concerning home distillation are not concerned with Drug and Alcohol, but the Customs and Excise. They want their pound of flesh.

                      The assumption, however, is that you are making it for sale. No matter your still capacity, if you sell it you are in strife.

                      I have had the police here in my house, joking with me about the copper tank in the bathroom with the column on top and all the hoses and tubing running of it.

                      But no, I have never managed to get more than 2 litres out of the one batch, though I could probably go three.

                      And BTW Chris, I should have guessed you'd be onto it by now . . .

                      Gil

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                      • #12
                        Re: Legalities of Ethanol Distillation

                        Hrm, hadn't seen this before. Quite interesting. The quote below is from the following page on the ATO website. Schedule - (1 February 2007)

                        For interest, the end use of the ethanol impacts who's jurisdiction you fall under (i.e. chemical reagent, fuel or beverage will fall under different "departments" so to speak.)

                        edited to fit inside 10,000 characters:

                        “Beer” means a brewed beverage which –
                        (a) is the product of the yeast fermentation of an aqueous extract of malted or unmalted cereals, whether or not containing other sources of carbohydrates;
                        (b) contains hops, or extracts thereof, or other bitters;
                        (c) has not had added to it, at any time, any alcohol from any other source; and
                        (d) contains more than 1.15% by volume of alcohol.
                        “Brandy” means a spirit distilled from grape wine in such a manner that the spirit possesses the taste, aroma and other characteristics generally attributed to brandy.
                        “Grape wine” has the same meaning as in Subdivision 31-A of the A New Tax System (Wine Equalisation Tax) Act 1999.

                        "Other Excisable Beverage" means any beverage containing more than 1.15% alcohol by volume, but does not include:
                        (a) beer; or
                        (b) brandy; or
                        (c) wine.

                        “Wine” has the same meaning as in Subdivision 31-A of the A New Tax System (Wine Equalisation Tax) Act 1999.
                        Items 1 to 3 of this Schedule do not include any liquor which has been produced for non-commercial purposes, using non-commercial facilities and equipment, other than a liquor which is, or which contains, any spirit obtained by distillation.
                        A reference to alcohol shall be read as a reference to ethyl alcohol.
                        Tariff Item
                        Sub item
                        Unit

                        Description of Goods

                        Rate


                        1


                        Beer

                        *



                        1.10
                        LAL
                        Beer exceeding 3.5% by volume of alcohol packaged in an individual container not exceeding 48 litres
                        $38.20 per litre of alcohol calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15
                        *

                        1.11
                        LAL
                        Beer exceeding 3.5% by volume of alcohol packaged in an individual container exceeding 48 litres
                        $26.89 per litre of alcohol calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15
                        *

                        1.15
                        LAL
                        Beer not exceeding 3% by volume of alcohol produced for non-commercial purposes using commercial facilities or equipment
                        $2.30 per litre of alcohol calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15
                        *

                        1.16
                        LAL
                        Beer exceeding 3% by volume of alcohol produced for non-commercial purposes using commercial facilities or equipment
                        $2.66 per litre of alcohol calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15
                        *
                        2

                        LAL
                        Other excisable beverages not exceeding 10% by volume of alcohol
                        $38.20 per litre of alcohol

                        3


                        Spirits; Other excisable beverages exceeding 10% by volume of alcohol

                        *

                        3.1
                        LAL
                        Brandy
                        $60.42 per litre of alcohol
                        *

                        3.2
                        LAL
                        Other excisable beverages exceeding 10% by volume of alcohol
                        $64.72 per litre of alcohol


                        3.5
                        LAL
                        Spirit that:
                        (a) a person has an approval, under section 77FD of the Excise Act 1901 , to use for fortifying Australian wine or Australian grape must; and
                        (b) is otherwise covered by the approval
                        Free


                        3.6
                        LAL
                        Spirit that:
                        (a) is for use by a person who is included in a class of persons determined under section 77FE of the Excise Act 1901 ; and
                        (b) if a quantity is specified in a determination under that section in relation to the person - does not exceed that quantity; and
                        (c) is for an industrial, manufacturing, scientific, medical, veterinary or educational purpose
                        Free


                        3.7
                        LAL
                        Spirit that:
                        (a) a person has an approval, under section 77FF of the Excise Act 1901 , to use for an industrial, manufacturing, scientific, medical, veterinary or educational purpose; and
                        (b) is otherwise covered by the approval
                        Free


                        3.8
                        LAL
                        Spirit denatured according to a formula determined under section 77FG of the Excise Act 1901 , other than spirit for use as fuel in an internal combustion engine
                        Free
                        *

                        3.10
                        LAL
                        Spirits not elsewhere included
                        $64.72 per litre of alcohol



                        Please click below for info on how you can help the victims of spinal injury, or just spread the word.

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