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Is Homebrewing Doburoku Illegal? A Brewery Explains Liquor Tax Law, History, and Penalties
on May 25 2026
"I saw a video of someone overseas making doburoku at home on YouTube.
Many of you may have searched because you wanted to try making it yourself."
To put it simply, it is illegal to homebrew doburoku personally in Japan, as it violates the Liquor Tax Act.
There are no exceptions, even if it's just for your own consumption or to share with your family.
As a brewery that holds a brewing license and dedicates itself to making sake every day, we will explain in an easy-to-understand manner, from a professional perspective, why it is illegal, its historical background, the penalties involved, and even how to enjoy doburoku legally.
Why is homebrewing doburoku illegal?
The Liquor Tax Act applies to "alcohol content of 1% or more"
In Japan's Liquor Tax Act, beverages with an alcohol content of 1 degree (1% by volume) or more are defined as "alcoholic beverages."
Furthermore, to produce alcoholic beverages, a "liquor manufacturing license" must be obtained from the head of the competent tax office for each manufacturing facility.
In other words, doburoku, which is made by fermenting rice, rice koji, and water, easily reaches an alcohol content of about 5-15%, making it undeniably subject to the regulations of the Liquor Tax Act.
Manufacturing without a license is illegal.
Reasons such as "it's just for personal consumption" or "I won't sell it" are not valid.
The Liquor Tax Act makes the "act of manufacturing itself" subject to licensing, so any unlicensed manufacturing, regardless of the purpose of consumption, is a violation.
Penalty is "imprisonment for up to 10 years or a fine of up to 1 million yen"
Some people might take it lightly, but the penalties are by no means light.
According to the official view of the National Tax Agency, anyone who manufactures alcoholic beverages without a liquor manufacturing license may be subject to imprisonment for up to 10 years or a fine of up to 1 million yen (Article 54 of the Liquor Tax Act).
This is the statutory penalty for simple unlicensed manufacturing, and if deemed malicious, both imprisonment and a fine may be imposed.
In recent years, tax authorities have strengthened their online surveillance, and there has been an increase in cases where the sale or provision of homemade alcoholic beverages on social media or flea market apps is prosecuted.
The idea that "no one will find out" no longer applies.
For example, a license is required to sell alcohol, but selling one's own alcohol a few times on online auctions is overlooked under the guise of "disposal."
However, some people who get carried away try to sell items they bought for resale under the guise of disposal, but the tax office (according to a liquor tax official) tolerates it for a while and then cracks down when they're "grown up." So they are being watched closely, and there are many anonymous tips.
In fact, our brewery had launched a website while applying for a license, and the content seemed to be interpreted as if we were already brewing sake, and we received a warning.
Even websites that are hard to find through search are being carefully monitored by the authorities.
Historical Background: Why Was Homebrewing Prohibited?
The question, "Didn't people in rural villages commonly make doburoku until the Edo period?" is a valid point.
In fact, the prohibition of homebrewing in Japan effectively dates back to 1899 (Meiji 32), which is not such an ancient history.
Liquor Tax as a Financial Source for the Meiji Government
Why was it prohibited? The biggest reason was the state of national finances.
At the time homebrewing was banned in 1899, liquor tax accounted for approximately 36% of national tax revenue, making it the primary source of national income.
Due to the expenses of the Sino-Japanese War (1894) and subsequent military expansion, the government needed to secure stable tax revenue.
Along with land tax (now fixed asset tax), liquor tax was one of the two pillars supporting national finances during the Meiji era.
If doburoku was brewed for personal consumption in rural areas, commercial liquor sales would decline, and liquor tax revenue would decrease.
Therefore, the government resorted to prohibiting the manufacture of liquor for personal use itself.
The "Doburoku Trial" and Supreme Court Ruling
After the war, there was a man who directly challenged this system.
His name was Toshihiko Maeda.
In 1981, Maeda homebrewed doburoku and took the provocative step of inviting the Commissioner of the National Tax Agency to a tasting session (of course, it was not the Commissioner who came, but the police).
He was subsequently prosecuted, and the ensuing legal battle became known as the "Doburoku Trial."
Maeda argued that "the right to brew doburoku as a food culture is included in the constitutional right to the pursuit of happiness," but on December 14, 1989, the Supreme Court ruled that "the prohibition of home production, regardless of the reason for manufacturing, is within the discretion of the administration from the perspective of securing tax revenue," thereby upholding the constitutionality of the Liquor Tax Act and confirming Maeda's conviction.
Currently, the proportion of liquor tax in national taxes has fallen to about 1-2%, but the prohibition of homebrewing under the Liquor Tax Act remains as it was then.
This is the legal reality.
Beware of Overseas YouTube Videos
In recent years, many videos titled "How to make sake at home" and "Home brewing doburoku" have been published on English-speaking YouTube, showing how to make sake and doburoku at home.
Many of these videos are posted by people living in countries where homebrewing is legal (such as some US states, New Zealand, and Australia).
For example, in the United States, federal law allows homebrewing up to a certain amount, and homebrewing wine and beer is widespread.
Unfortunately, if someone living in Japan does the same thing, it is a crime.
Even if the video creator has no malicious intent, if Japanese viewers imitate it, they will be violating the Liquor Tax Act.
"It was commonly done on YouTube" is not an acceptable excuse.
"Can I brew it myself if I get a license?" The reality is quite harsh.
Some people might think, "Then, why not get a license?" but this is also unrealistic.
For each type of alcoholic beverage, a liquor manufacturing license requires a "minimum manufacturing quantity standard." Doburoku is often categorized as "other brewed liquors," and in this case, the requirement for obtaining a license is the manufacture of 6 kiloliters (6,000 liters) or more per year.
It is unrealistic for an individual to brew 6,000 liters of doburoku per year as a hobby, both in terms of equipment and consumption.
Furthermore, the hurdles are set extremely high, including facility requirements for the manufacturing site and a review of the applicant's experience and financial situation.
Please consider it almost impossible under the system to brew "at home as a hobby."
Note that there is a way to produce it for the purpose of serving at farm inns, etc., by utilizing the special zone system (doburoku special zone), but this also requires certification from the local government and a license from the tax office, and is not something an individual can freely start.
Question: Why are homemade fruit liqueurs allowed?
There are several points to note regarding homemade fruit liqueurs like umeshu (plum wine).
OK for personal enjoyment, but offering/selling is NG
There's no problem drinking it yourself or with family, but the following acts are illegal:
- Serving to customers in izakayas, etc. → Possible if you apply to the tax office and get permission.
- Selling → Requires a liqueur manufacturing license.
The ironclad rule: use alcohol "30 degrees or higher" for steeping.
The alcohol used to steep fruit must be 30% alcohol by volume or higher. Be careful, as steeping with alcohol around 20% can be illegal.
Why must it be 30 degrees or higher?
If the alcohol content is low, the sugar in the fruit can ferment and turn into alcohol. Even if the alcohol content increases by just one degree, it is considered "manufacturing alcoholic beverages" and becomes illegal.
30 degrees or higher is also recommended for hygiene.
Alcohol around 20% can lead to spoilage rather than fermentation. To ensure a safe and delicious result, choose alcohol with a higher proof.
Spirytus is recommended over white liquor.
White liquor is convenient for direct use, but it has a harsh taste, so our brewery recommends Spirytus.
This is because Spirytus has an alcohol content of about 96 degrees, so diluting it three times results in over 30 degrees. Moreover, it is very close to pure alcohol with impurities removed, so it has no harsh taste.
The Best Way to Legally Enjoy Doburoku
For those who have read this far, please proceed to the conclusion of "So, how should I enjoy doburoku?"
The answer is simple: purchase and savor doburoku carefully crafted by a brewery with an official brewing license.
This is the only and best way to enjoy the finest doburoku while adhering to the law.
Under our "other brewed liquors" brewing license, our brewery produces authentic doburoku using the traditional method of only rice, koji, and water.
Thanks to temperature control, sanitation management, and ingredient selection that only a licensed brewery can provide, we deliver a quality of doburoku that homebrewing could never achieve.
Please, for once, safely and legally enjoy the taste of authentic doburoku crafted by professional brewers.
Summary
- In Japan, manufacturing beverages with 1% alcohol or more without a license is a violation of the Liquor Tax Act.
- Penalties include imprisonment for up to 10 years or a fine of up to 1 million yen (Article 54 of the Liquor Tax Act).
- The history of prohibiting homebrewing dates back to the financial circumstances of 1899 (Meiji 32).
- The Supreme Court ruled the Liquor Tax Act constitutional in 1989.
- It is illegal to imitate overseas YouTube homebrewing videos in Japan.
- If you want to enjoy it legally, please try doburoku from a licensed brewery.
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