S.Amdt. 1610

SA 1610. Mr. GARDNER submitted an amendment intended to be proposed
by him to the bill H.R. 1, to provide for reconciliation pursuant to
titles II and V of the concurrent resolution on the budget for fiscal
year 2018; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. TAX-FREE PRODUCTION OF KOMBUCHA.

(a) Exception From Definition of Brewer.--Subsection (d) of
section 5052 is amended to read as follows:
``(d) Brewer.--
``(1) In general.--For purposes of this chapter, the term
`brewer' means any person who brews beer or produces beer for
sale.
``(2) Exception.--The term `brewer' shall not include any
person who--
``(A) produces only beer exempt from tax under subsection
(e) of section 5053, or
``(B) produces only kombucha exempt from tax under
subsection (i) of such section.''.
(b) Exemption From Tax.--Section 5053 is amended--
(1) by redesignating subsection (i) as subsection (j), and
(2) by inserting after subsection (h) the following new
subsection:
``(i) Production of Kombucha.--
``(1) In general.--Subject to regulation prescribed by the
Secretary, any person may, without payment of tax, produce
kombucha for consumption or sale.
``(2) Definition.--For purposes of this chapter, the term
`kombucha' means a beverage which--
``(A) is fermented solely by a symbiotic culture of
bacteria and yeast,
``(B) contains not more than 1.25 percent of alcohol by
volume,
``(C) is sold or offered for sale as kombucha, and
``(D) is derived from--
``(i) sugar, malt or malt substitute, tea, or coffee, and
``(ii) not more than 20 percent other wholesome
ingredients.''.
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