A BLUFFER’S GUIDE TO WHISKY REGS

Written by: Federica Stefani A BLUFFER’S GUIDE TO...Whisky regulations around the world

Whether you believe that rules surrounding whisky production are essential to quality control or a barrier to creativity, Scotland isn’t the only country to lay down the law on what is – and isn’t – whisk(e)y

The last few decades have seen a surge in the whisky industry worldwide, with a growing demand that has led to a steep increase in new distillers, producers and retailers. In order to protect and safeguard the status and quality of the local liquid sunshine, the main producing countries and industry groups have set out standards to regulate the markets at home and globally. These rules have been in place for some time in the USA and Canada, whereas in other countries like Japan and New Zealand they have been introduced relatively recently. Meanwhile, many more countries in which whisky is a new industry are yet to introduce rules and regulations. There is also a continual debate raging on whether stricter rules (such as the ones we have in Scotland) are beneficial to the industry, or a limitation on those willing to experiment. So let’s have a look at some of these standards... So let’s have a look at some of these standards...

SCOTLAND

The rules for Scotch whisky production are among the strictest around, and if on one side they are essential to protect the name of Scotch, some distillers are calling for more freedom to enable them to set aside old stereotypes that give the Scotch whisky industry the reputation of being antiquated and slow-moving.

According to the Scotch Whisky Regulations 2009 – which are part of UK law – Scotch has to be: made in Scotland from only cereals, water and yeast; matured for a minimum of 3 years in oak casks; bottled at a minimum strength of 40% ABV and distilled below 94.8% ABV so that it retains the flavour and aroma derived from its raw materials. No flavouring or sweetening is permitted (but the use of plain caramel colouring is allowed in very limited quantities). colouring is allowed in very limited quantities).

In 2019 the Scotch Whisky Association expanded In 2019 the Scotch Whisky Association expanded the range of casks allowed to mature whisky, bringing it the range of casks allowed to mature whisky, bringing it more in line with industry trends: these now include oak more in line with industry trends: these now include oak casks that have previously been used to age wine, beer, casks that have previously been used to age wine, beer, ale and spirits. The amendment excludes casks from ale and spirits. The amendment excludes casks from anything ‘produced from, or made with’ stone fruits and anything ‘produced from, or made with’ stone fruits and spirits which are not matured as part of their traditional spirits which are not matured as part of their traditional production process (such as cider and gin). The final production process (such as cider and gin). The final product must also keep the traditional colour, taste and product must also keep the traditional colour, taste and aroma characteristics of Scotch whisky. aroma characteristics of Scotch whisky.

There are six recognised categories: Single Malt (from one distillery and a mash of 100% barley, distilled in pot stills); Blended Malt (a blend of two or more Single Malts), Single Grain (from one distillery and is not Single Malt or Blended Malt), Blended Grain Scotch Whisky (blend of two or more Single Grains) and Blended Scotch Whisky (a blend of any type of the whiskies above).

USA

On the other side of the Atlantic, things are a bit easier for whiskey makers, although complications are caused by the variety of styles traditionally produced in the country. The following rules apply to whiskey made for US consumption, although standards are not the same for consumption abroad.

Bourbon: According to The Federal Standards of Identity for Distilled Spirits, bourbon must be produced in the US and made of a grain mixture that is at least 51% corn, distilled to no more than 80% ABV (160 proof), and aged in new, charred oak barrels. It can’t be introduced in the barrel at a higher ABV than 62.5% (125 proof) and has to be aged for a minimum of two years to be called Straight Bourbon. It can be produced anywhere in the US (a bourbon produced in Kentucky and matured for at least 2 years can be labelled as Kentucky Straight Bourbon). A bourbon that has been matured for less than 4 years must have its age stated on the label – when an age statement is on the label, it has to be the age of the youngest whisky in the bottle (the same applies to Scotch and Irish whiskies).

For Tennessee Whiskey, a much debated law introduced in 2013 declared that to be recognised as such, the whiskey must be distilled in Tennessee from at least 51% corn, aged in new charred oak barrels and the new-make

There is debate raging on whether stricter rules are benficial or a limitation

spirit must be filtered through layers of charcoal before barreling in what is known as the Lincoln County process (with a special exception made for Prichard’s).

American Rye whiskey must be made from a mash of at least 51% rye and distilled to a maximum of 80% ABV and aged exclusively in charred, American oak casks at no more than 62.5% ABV – after a minimum maturation of two years, it can can be labelled as straight rye whiskey. The same goes for wheat whiskey.

Last but not least, Corn Whiskey is whiskey made with at least 80% corn. There is no legal requirement to age the whiskey but the distillers who do have to use uncharred or previously used American oak casks.

A category on the rise is that of American Single Malt, with a specific commission for the category set up in 2016. It must be mashed, distilled and matured in the United States, distilled by only one distillery, and distilled to a proof not exceeding 80% ABV from fermented mash of 100% malted barley. It must be stored in oak containers not exceeding 700 litres, and bottled at no less than 80° proof.

IRELAND

Legal requirements for whiskey made on the Emerald Isle are set out in the Irish Whiskey Act of 1980 and in the technical file submitted to the European Commission in 2014 to secure the Geographical Indication status.

To be labelled as such, Irish Whiskey must be ‘saccharified by the diastase of malt contained therein, with or without other natural diastases’ (which means the starch contained in the grain is turned into sugar), ‘fermented by the action of yeast’ and matured in wooden casks (which allows the use of casks other than oak) on the island of Ireland, for a minimum of three years. It must also be

distilled to less than 94.8% ABV ‘in such a way that the distillate has an aroma and flavour derived from the materials used.’

There are also four different styles which are recognised and have different additional requirements. 1) Pot Still Irish Whiskey must contain at least 30% each of malted and unmalted barley, plus up to 5% of other cereals, such as oats and rye. 2) Malt Irish Whiskey is defined as a spirit made from a mash of 100% malted barley, whereas 3) Grain Irish Whiskey is produced from malted barley (not exceeding 30%) including whole unmalted cereals (usually maize, wheat or barley). Other natural enzymes may be used at the brewing and the fermentation stage. 4) Finally, Blended Irish Whiskey is a blend of two or more of the above styles, and all the components must be produced in Ireland.

CANADA

Rules for Canadian whisky are stipulated within Canada’s Food and Drugs Act. According to the act, Canadian Whisky, Canadian Rye Whisky or Rye Whisky is obtained from a mash of cereal grain or cereal grain products, has to be aged in ‘small wood’ (casks under 700 litres), and ‘possess the aroma, taste and character generally attributed to Canadian whisky’. Canadian whisky must be mashed, distilled and aged in Canada, and contain not less than 40% ABV. Interestingly, Canadian whisky doesn’t require rye to be called rye whisky. It may contain caramel colouring and can also contain up to 9.09% added flavouring, as long as it’s a spirit aged at least two years in wood or wine barrels. After the three years of maturation have passed, any period not exceeding six months during which that whisky was held in other containers may be claimed as age.

JAPAN

Japan has been on the radar of whisky lovers for years, mostly for the quality of whisky produced. However, an almost non-existent set of regulations and high demand meant that some companies would import Scotch whisky and brand it as Japanese. Earlier this year, to tackle this issue, the Japan Spirits & Liqueurs Makers Association announced the introduction of a new set of rules.

According to the new Standards for Labeling Japanese Whisky, raw ingredients must be limited to malted grains (which must always be used), other cereal grains, and water extracted in Japan. Saccharification, fermentation, and distillation must be carried out at a distillery in Japan. Alcohol content at the time of distillation must be less than 95% ABV. The distilled product must be poured into wooden casks not exceeding a capacity of 700 litres and matured in Japan for a period of at least three years. Bottling must take place only in Japan, with alcoholic strength of at least 40%. Plain caramel colouring can be used.

These new rules are also very restrictive of any brand trying to evoke Japanese imagery and names on labels of products not adhering to the above-mentioned requirements

WORLD WHISKIES

With the incredible buzz whisky is generating around the world, more and more countries are becoming hubs of whisky-making, and the demand for new regulations is increasing. In March 2021, New Zealand’s body Distilled Spirits Aotearoa (DSA), revealed new guidelines and definitions for New Zealand single malt whisky: made from 100% malted cereal grain, water and yeast, the whisky must be be batch distilled in copper pot stills, and mashed, fermented, distilled (at one distillery), matured for at least two years and bottled in New Zealand. Only natural colouring can be used.

In neighbouring Australia, a country with several distilleries and many new ones popping up, relatively relaxed laws have allowed a flair of experimentation. Australian whisky is defined as made from cereal grain possessing the smell, taste and appearance of whisk(e)y and aged for at least two years.

Despite being one of the most prominent whisky consumers, India’s own production of whisky couldn’t be, for the major part, labelled as such in Europe and elsewhere in the world, as the majority is a blend of neutral alcohol made from sugar cane molasses and mixed with Foreign Made Liquor (FML), grain spirit, or some malt spirit added. Several Single Malt distilleries such as Paul John and Amrut are however working at standards more similar to those accepted in the EU.

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