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Analytical Strategies to Confirm the Generic Authenticity of Scotch Whisky

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Analytical Strategies to Confirm the Generic Authenticity of Scotch Whisky Analytical Strategies to Confirm the Generic Authenticity of Scotch Whisky R. I. Aylott1,2,* and W. M. MacKenzie1 ABSTRACT products of different distilleries using traditional recipes to form the well-known brands of Blended Scotch whisky. J. Inst. Brew. 116(3), 215–229, 2010 Figures from HM Revenue and Customs referred to in an The authenticity of a specific brand of Scotch whisky may be annual statistical report43 indicate that blended Scotch confirmed by comparing analytical data for suspect samples whisky accounted for almost 89% of UK Scotch whisky with reference to analytical ranges for the genuine brand. Wider consumption in 2007, with malt Scotch whisky account- generic authenticity issues exist when a product purports to be Scotch whisky when it has not been produced in Scotland in ing for just over 11% and grain Scotch whisky less than accordance with the legal definition of Scotch whisky. When 0.05%. There are a vast number of brands available such cases reach litigation, courts may ask chemists to analyse worldwide. Two earlier papers described analytical proce- suspect products and draw conclusions on authenticity. This dures available for checking the authenticity of Scotch paper presents analytical profiles generated from a survey of whisky brands1,28. Malt, Grain and Blended Scotch whiskies and compares the Scotch whisky’s popularity and reputation has unfortu- results with whiskies of other origins and examples of a diverse nately led unscrupulous traders to try to take unfair advan- range of suspect products purporting to be Scotch whisky. The tage by selling their products as Scotch whisky when they concentrations and ratios of concentrations of the major volatile are not Scotch whisky. The sale of such products regularly compounds (or congeners), particularly methanol, n-propanol, comes to the attention of consumer protection agencies, isobutanol and 2- and 3-methyl butanol, were found to be impor- tant factors in the authenticity decision-making process. In addi- Scotch whisky producers and legitimate traders. During tion, the absence of known Scotch whisky congeners, the pres- the investigation of such products, analytical chemists ence of compounds known to be absent from genuine whisky may be asked to analyse suspect samples and draw con- and abnormal maturation congener profiles all contributed to the clusions on the generic authenticity of the liquid; that is – decision process. From this review of genuine analytical pro- is it Scotch whisky? Analysts may encounter difficulties files, an experimental protocol for determining the authenticity in this task due to the lack of information describing gen- of Scotch whisky is proposed. uine Scotch whisky in comparison to its potential imita- Key words: analysis, authenticity, counterfeit, definition, Scotch tors and the lack of guidance on the most appropriate whisky, whisk(e)y. analyses to conduct. This paper describes the types of product encountered, the analyses available to support INTRODUCTION such investigations and proposes an experimental protocol for generic authenticity analysis. First it is important to Scotch whisky is a distilled spirit drink made using consider the Scotch whisky definition and process of cereals, yeast and water. It has been produced in Scotland Scotch whisky manufacture. for over 500 years and is the largest selling whisky world- wide. Annual Scotch whisky exports from the UK ex- Scotch whisky and its definition ceeded £3 billion in 2008 and it is sold in over 180 mar- Scotch whisky is made in Scotland from three raw kets. Individual Scotch whiskies were in production at 96 materials: cereals, yeast and water. The process has been different malt distilleries and 7 grain distilleries during defined in UK law for many years and is currently set out 200817. “Single whiskies” are sold as the product of one in the Scotch Whisky Regulations 200944. The definition distillery, and the bottled product will generally contain requires Scotch whisky to be wholly produced in Scot- Scotch whisky from several different casks of that one land. It defines the process by which Scotch whisky is distillery, other than the very limited single cask bottlings. made and not the analytical properties of the finished However, most whiskies are blended together from the product. The definition is as follows: In these Regulations “Scotch whisky” means a whisky produced in Scotland— 1 (a) that has been distilled at a distillery in Scotland from Diageo PLC, Technical Centre Europe, Menstrie, Clackmannan- water and malted barley (to which only whole grains shire FK11 7ES, Scotland 2 Present address: Aylott Scientific Ltd., Tillyrie, Ramoyle, Dun- of other cereals may be added) all of which have blane, Perthshire FK15 0BB, Scotland been— * Corresponding author. E-mail:[email protected] (i) processed at that distillery into a mash; (ii) converted at that distillery into a fermentable Publication no. G-2010-1022-1089 substrate only by endogenous enzyme systems; © 2010 The Institute of Brewing & Distilling and VOL. 116, NO. 3, 2010 215 (iii) fermented at that distillery only by the addition (b) The minimum alcoholic strength by volume of whisky of yeast; or whiskey shall be 40%. (b) that has been distilled at an alcoholic strength by (c) No addition of alcohol as defined in Annex 1(5), volume of less than 94.8 per cent so that the diluted or not, shall take place. distillate has an aroma and taste derived from the (d) Whisky or whiskey shall not be sweetened or fla- raw materials used in, and the method of, its voured, nor contain any additives other than plain production; caramel used for colouring. (c) that has been matured only in oak casks of a capacity Annex III lists geographical indications for whisky not exceeding 700 litres: produced in Europe, including “Scotch Whisky,” “Irish (d) that has been matured only in Scotland; Whiskey” and “Whisky Espanol.” (e) that has been matured for a period of not less than Regulations in other countries defining Scotch whisky three years; often make direct reference to the UK process definition. (f) that has been matured only in an excise warehouse or For example, The USA Code of Federal Regulations42 a permitted place; states: (g) that retains the colour, aroma and taste derived from Scotch whisky is whisky which is a distinctive product the raw materials used in, and the method of, its pro- of Scotland, manufactured in Scotland in compliance with duction and maturation; the laws of the United Kingdom regulating the manufac- (h) to which no substance has been added, or to which ture of Scotch whisky for consumption in the United no substance has been added except: Kingdom: Provided, that if such product is a mixture of (i) water; whiskies, such mixture is “blended Scotch Whisky” (ii) plain caramel colouring; or (Scotch Whisky – a blend). (iii) water and plain caramel colouring; and 16 (i) that has a minimum alcoholic strength by volume of The Canadian Food and Drug Regulations state: 40%. “Scotch Whisky shall be whisky distilled in Scotland as Scotch Whisky for domestic consumption in accordance The Regulations include provisions for compulsory with the laws of the United Kingdom.” sales descriptions for the five categories of Scotch whisky and distinct geographical areas of production within Scot- The Scotch whisky process land. The compulsory sales descriptions are Single Malt Scotch whisky production starts with the malting proc- Scotch Whisky; Single Grain Scotch Whisky; Blended ess in which barley is germinated. Natural enzymes in the Malt Scotch Whisky; Blended Grain Scotch Whisky; and barley break down high molecular weight carbohydrate Blended Scotch Whisky. The regional geographical indi- (starch) into smaller sugars. The sugars are extracted into cations are Campbeltown, Islay, Highland, Lowland, and aqueous solution during the mashing process and the re- Speyside. sulting “worts” are fermented by the action of yeast into The Scotch whisky definition is also recognised in the alcohol. Malted barley alone is used in the Malt Scotch legislation of many other countries. For example, the whisky process14, while other cereals such as wheat and European Union laid down rules on the definition, de- maize (corn) are cooked and mixed with a smaller propor- scription and presentation of spirit drinks under Council tion of malted barley to make Grain Scotch whisky6. Regulation (EEC) 1576/89 in which Scotch whisky was The fermented alcohol (or “wash”) is distilled in order recognised as a geographical designation. Council Regu- 13 to extract and concentrate the alcohol. A batch pot still lation (EEC) No 1576/89 was repealed by Council Reg- 32 38 distillation is used for malt spirit and a continuous distil- ulation (EC) No. 110/2008 which sets out the current lation is used for grain spirit7. Two copper pot stills are definition for whisky or whiskey in the EU as normally used in malt distilleries (Fig. 1). The first (a) Whisky or whiskey is a spirit drink produced exclu- “wash” still concentrates the alcohol, from approximately sively by: 7% to 30% vol., into “low wines”. The second “spirit” (i) distillation of a mash made from malted cere- still increases alcoholic strength up to approximately 70% als with or without whole grains of other cere- vol. to give new-make spirit (sometimes referred to as als, which has been: “high wines”). Most of the continuous stills used for grain - saccharified by the diastase of the malt con- spirit are known as Patent or Coffey stills, named after tained therein, with or without other natural Aeneas Coffey who developed the process in 1831 (Fig. enzymes, 2). The spirit from this process is typically at about 94% - fermented by the action of yeast; vol. alcoholic strength (but <94.8%) and is lighter in (ii) one or more distillations at less than 94.8% aroma and taste than malt spirits. vol., so that the distillate has an aroma and Both malt and grain “new-make” spirits are then re- taste derived from the raw materials used, duced in alcoholic strength with the addition of water (iii) maturation of the final distillate for at least typically to between 60 and 70% vol.
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