§ 5.143 Whisky.
(a) The class whisky. “Whisky” or “whiskey” is distilled spirits that is an alcoholic distillate from a fermented mash of any grain distilled at less than 95 percent alcohol by volume (190° proof) having the taste, aroma, and characteristics generally attributed to whisky, stored in oak barrels (except that corn whisky need not be so stored), and bottled at not less than 40 percent alcohol by volume (80° proof), and also includes mixtures of such distillates for which no specific standards of identity are prescribed.
(b) Label designations. The word whisky may be spelled as either “whisky” or “whiskey”. The place, State, or region where the whisky was distilled may appear as part of the designation on the label if the distillation and any required aging took place in that location (e.g., “New York Bourbon Whisky” must be distilled and aged in the State of New York); however, blending and bottling need not have taken place in the same place, State, or region. However, if any whisky is made partially from whisky distilled in a country other than that indicated by the type designation, the label must indicate the percentage of such whisky and the country where that whisky was distilled. Additionally, the label of whisky that does not meet one of the standards for specific types of whisky and that is comprised of components distilled in more than one country must contain a statement of composition indicating the country of origin of each component (such as “Whisky—50% from Japan, 50% from the United States”). The word “bourbon” may not be used to describe any whisky or whisky-based distilled spirits not distilled and aged in the United States. The whiskies defined in paragraphs (c)(2) through (6) and (10) through (14) of this section are distinctive products of the United States and must have the country of origin stated immediately adjacent to the type designation if it is distilled outside of the United States, or the whisky designation must be proceeded by the term “American type” if the country of origin appears elsewhere on the label. For example, “Brazilian Corn Whisky,” “Rye Whisky distilled in Sweden,” and “Blended Whisky—Product of Japan” are statements that meet this country of origin requirement. “Light whisky”, “Blended light whisky”, and “Whisky distilled from bourbon (rye, wheat, malt, rye malt, or other named grain) mash” may only be produced in the United States.
(c) Types of whisky. The following tables set out the designations for whisky. Table 1 sets forth the standards for whisky that are defined based on production, storage, and processing standards, while Table 2 sets forth rules for the types of whisky that are defined as distinctive products of certain foreign countries. For the whiskies listed in Table 1, a domestic whisky may be labeled with the designation listed, when it complies with the production standards in the subsequent columns. The “source” column indicates the source of the grain mash used to make the whisky. The “distillation proof” indicates the allowable distillation proof for that type. The “storage” column indicates the type of packages (barrels) in which the spirits must be stored and limits for the proof of the spirits when entering the packages. The “neutral spirits permitted” column indicates whether neutral spirits may be used in the product in their original state (and not as vehicles for flavoring materials), and if so, how much may be used. The “harmless coloring, flavoring, blending materials permitted” column indicates whether harmless coloring, flavoring, or blending materials, other than neutral spirits in their original form, described in § 5.142, may be used in the product. The use of the word “straight” is a further designation of a type, and is optional.
Table 1 to Paragraph (c)—Types of Whisky and Production, Storage, and Processing Standards
| Type | Source | Distillation proof | Storage | Neutral spirits permitted | Allowable coloring, flavoring, blending materials permitted |
|---|---|---|---|---|---|
| (1) Whisky, which may be used as the designation for any of the type designations under the class “whisky,” or may be used as the designation if the whisky does not meet one of the type designations but satisfies the class designation | Fermented grain mash | Less than 190° | Oak barrels with no minimum time requirement | No | Yes. |
| (2) Bourbon Whisky, Rye Whisky, Wheat Whisky, Malt Whisky, Rye Malt Whisky, or [name of other grain] Whisky | Fermented mash of not less than 51%, respectively: Corn, Rye, Wheat, Malted Barley, Malted Rye Grain, [Other grain] | 160° or less | Charred new oak barrels at 125° or less | No | Yes, except for bourbon whisky. |
| (3) Corn Whisky. (Whisky conforming to this standard must be designated as “corn whisky.”) | Fermented mash of not less than 80% corn | 160° or less | Required only if age is claimed on the label. If stored, must be stored at 125° or less in used or uncharred new oak barrels | No | Yes. |
| (4) Straight Whisky | Fermented mash of less than 51% corn, rye, wheat, malted barley, malted rye [or other] grain. (Includes mixtures of straight whiskies made in the same state.) | 160° or less | Charred new oak barrels at 125° or less for a minimum of 2 years | No | No. |
| (5) Straight Bourbon Whisky, Straight Rye Whisky, Straight Wheat Whisky, Straight Malt Whisky, or Straight Rye Malt Whisky | Fermented mash of not less than 51%, respectively: Corn, Rye, Wheat, Malted Barley, Malted Rye Grain | 160° or less | Charred new oak barrels at 125° or less for a minimum of 2 years | No | No. |
| (6) Straight Corn Whisky | Fermented mash of not less than 80% corn | 160° or less | 125° or less in used or uncharred new oak barrels for a minimum of 2 years | No | No. |
| (7) Whisky distilled from Bourbon/Rye/Wheat/Malt/Rye Malt/[Name of other grain] mash | Fermented mash of not less than 51%, respectively: Corn, Rye, Wheat, Malted Barley, Malted Rye Grain, [Other grain] | 160° or less | Used oak barrels | No | Yes. |
| (8) Light Whisky | Fermented grain mash | More than 160° | Used or uncharred new oak barrels | No | Yes. |
| (9) Blended Light Whisky (Light Whisky—a blend) | Light whisky blended with less than 20% Straight Whisky on a proof gallon basis | Blend | Will contain a blend | No | Yes. |
| (10) Blended Whisky (Whisky—a blend) | At least 20% Straight Whisky on a proof gallon basis plus Whisky or Neutral Spirits alone or in combination | 160° or less | Will contain a blend of spirits, some stored and some not stored | Maximum of 80% on a proof gallon basis | Yes. |
| (11) Blended Bourbon Whisky, Blended Rye Whisky, Blended Wheat Whisky, Blended Malt Whisky, Blended Rye Malt Whisky, Blended Corn Whisky (or Whisky—a blend) | At least 51% on a proof gallon basis of: Straight Bourbon, Rye, Wheat, Malt, Rye Malt, or Corn Whisky; the rest comprised of Whisky or Neutral Spirits alone or in combination | Blend | Will contain a blend of spirits, some stored and some not stored | Maximum of 49% on a proof gallon basis | Yes. |
| (12) Blend of Straight Whiskies (Blended Straight Whiskies) | Mixture of Straight Whiskies that does not conform to “Straight Whisky” | 160° or less | Will contain a blend of spirits which were aged at least 2 years | No, except as part of a flavor | Yes. |
| (13) Blended Straight Bourbon Whiskies, Blended Straight Rye Whiskies, Blended Straight Wheat Whiskies, Blended Straight Malt Whiskies, Blended Straight Rye Malt Whiskies, Blended Straight Corn Whiskies, (or a blend of straight whiskies) | Mixture of Straight Whiskies of the same named type produced in different states or produced in the same state but contains coloring, flavoring or blending material | 160° or less | Will contain a blend of spirits which were aged at least 2 years | No, except as part of a flavor | Yes. |
| (14) Spirit Whisky | Mixture of Neutral Spirits and 5% or more on a proof gallon basis of: Whisky or Straight Whisky or a combination of both. The Straight Whisky component must be less than 20% on a proof gallon basis | Blend | Will contain a blend of spirits, some stored and some not stored | Maximum of 95% on a proof gallon basis | Yes. |
Table 2 to Paragraph (c)—Types of Whisky That Are Distinctive Products
| (16) Scotch whisky | Whisky which is a distinctive product of Scotland, manufactured in Scotland in compliance with the laws of the United Kingdom regulating the manufacture of Scotch whisky for consumption in the United Kingdom: |
|---|---|
| (17) Irish whisky | Whisky which is a distinctive product of Ireland, manufactured either in the Republic of Ireland or in Northern Ireland, in compliance with their laws regulating the manufacture of Irish whisky for home consumption: |
| (18) Canadian whisky | Whisky which is a distinctive product of Canada, manufactured in Canada in compliance with the laws of Canada regulating the manufacture of Canadian whisky for consumption in Canada: |
As an enthusiast and expert in the field of spirits regulation, particularly in the context of the United States, I can confidently delve into the intricacies of the article you've provided. My expertise is derived from a thorough understanding of the regulations governing the production and labeling of distilled spirits, with a focus on whisky.
The article you've shared, § 5.143, outlines the standards and regulations for whisky in the United States. The key points can be summarized as follows:
Definition of Whisky:
(a) The class of whisky is described as an alcoholic distillate from a fermented mash of any grain, distilled at less than 95 percent alcohol by volume (190° proof). It must have the taste, aroma, and characteristics generally attributed to whisky. The spirit is stored in oak barrels (except for corn whisky, which need not be stored) and must be bottled at not less than 40 percent alcohol by volume (80° proof). Mixtures of such distillates with no specific standards of identity are also included in this class.
Label Designations:
(b) The term "whisky" can be spelled as either "whisky" or "whiskey." The label may include the place, state, or region where the whisky was distilled, provided that the distillation and required aging occurred in that location. Blending and bottling need not occur in the same place. If a whisky is made partially from whisky distilled in another country, the label must indicate the percentage and the country of origin.
Types of Whisky:
(c) The article further defines various types of whisky with specific production, storage, and processing standards. Notable types include:
- Whisky (Type 1): Fermented grain mash, stored in oak barrels with no minimum time requirement.
- Bourbon, Rye, Wheat, Malt, Rye Malt Whisky (Types 2 and 5): Distilled from a mash of specific grains, stored in charred new oak barrels for a minimum of 2 years.
- Corn Whisky (Type 3): Distilled from a mash of at least 80% corn, stored if age is claimed, and may be stored in used or uncharred new oak barrels.
- Straight Whisky (Type 4): Distilled from a mash of less than 51% corn, rye, wheat, malted barley, malted rye, or other grain, stored in charred new oak barrels for a minimum of 2 years.
- Light Whisky (Type 8): Distilled from a fermented grain mash, stored in used or uncharred new oak barrels.
- Blended Whisky (Type 10): Contains at least 20% straight whisky on a proof gallon basis, with a maximum of 80%, and may include whisky or neutral spirits alone or in combination.
Types of Whisky as Distinctive Products:
Table 2 introduces distinctive products of certain foreign countries:
- Scotch Whisky (Type 16): Distinctive product of Scotland, manufactured in compliance with UK laws regulating the manufacture of Scotch whisky.
- Irish Whisky (Type 17): Distinctive product of Ireland, manufactured in compliance with Irish laws regulating the manufacture of Irish whisky.
- Canadian Whisky (Type 18): Distinctive product of Canada, manufactured in compliance with Canadian laws regulating the manufacture of Canadian whisky.
This comprehensive set of regulations ensures the quality and authenticity of whisky produced and labeled in the United States, outlining specific criteria for different types and incorporating standards for labeling and production.
