Connecticut western news., 1920-09-09
MORE ALCOHOL ALLOW ED IN HOMEMADE CIDER New Ruling Provides It Must Not Be Intoxicating
 In Fact"

Homemade cider may contain more than F of per cent. alcohol, if 1t is not intoxicating in fact~ according to a ruling made recently by John F. Kramer, federal prohibi- tion commissioner, a copy of which has been received at the office df Federal Prohibition Director Julium Stremlau. The ruling also declares that non-intoxicating cider and fruit juices may be manufactured for home consumption without a permit but that such connections must not be sold or delivered except to per- sons having permits to manufacture vinegar.
 Any person may, without permit, and without givng bond, manufac- ture non-intoxicating cider and fruit juices, and in so doing he may take his apples or fruits to custom min and have them made into cider and fruit juices. After such non-intoxi- eating cider and fruit juices are made, they must be used exclusively in the home, and when so used, the phase notwithstanding" means non intoxicating in fact and not necessar- ly less than K of 1 per cent. of alcohol, as provided in Section 1 6K Title II, of the said act.
 Or if the person making suck cider and fruit juices desires to do so, he may CD sell such cider ana fruit juices at any time to persorm having permits to make vinegar; thm he may do under the provisions of said Section 29. (2) If he preserves such cider and fruit juices at ths time they are made, he may sell same to the public in general; this he may do under the provisions of Section.A of Title II of said act. (3) Or he may sell said cider and other fruit juices so long as they contain less than h of per cent. of alcohol, but the pur- chasers thereof cannot use or possess the same after they contain more than h of per cent. of alcohol; thim he may do under the provisions of Sections 1 and 8, of Title II of said act.
 The cider in the home may be al- lowed to turn to vinegar if the own CT desires, provided he adds no sugar or other fermentable substance te the cider fruit juices to increase the alcoholic content thereof, inns much as such practice is held to con- stitute a mash fit for distillation within the provisions of Section 3,282 Revised Statutes; he may seH said vinegar to any one who desires to purchase it; this he may do under the provisions of Section 1, of Title II, of said'act.
 This regulation is not intended to cover the commercial use of cider and fruit juices, but merely the nse of the same as applied to the home and as provision is made in Section 29, of Title II, of said act.
 However the permits for use ia such cases as are mentioned in the previous ruling will be $2,000 it was announced at the office of Mir. Strem- lau.
 According to Section 36, article v "sweet cider containing less than one-half of one per cent. of alcohol by volume may be manufactured and sold without the necessity of obtain ing permit, provided such product "a put up and marketed in sterile closed containers or is treated by the addi- tion of benzoate of soda or other substance which will prevent fer mentation, in such proportion as to insure the alcoholic content remain ing below one-half of one per cent of alcohol by volume. The respon- sibility for keeping the alcoholic content below such percentage rests upon the manufacturer ,and in any case where cider is found upon the market containing in excess of the l allowed percentage, the manufactur- CT will be presumed to have manu- factured and sold m intoxicating liquor"
 The major difference noticed in the manufacture of cider for home use, even, is the term intoxicating in fact" 1t appeared that this rul- ing was very indefinite one. As it was pointed out, whether or not, the drink was intoxicating in fact" all 1 depended on the individual. If he is a man who is able to consume alcohol in quantity without feeling the eff- ects of it, cider with a certain per centage of alcohol would not to him be intoxicating in fact"
 On the other hand, the same brand of cider might be extremely intoxicating in fact to one who was accustomed to the use of alcohol. So whether or not a home cider manufacturer might be violating the law would seem to depend on who ] was drinking his product.