Labelling of Irish Whiskey Labelling of Irish Whiskey
This guide sets out an approach to ensure the correct use of marketing materials and terms which do not mislead the consumer when it comes to labelling Irish whiskey.
Published by: Food Safety Authority of Ireland Email: [email protected] Website: www.fsai.ie facebook.com/fsai twitter.com/FSAIinfo ©FSAI 2019 Applications for reproduction should be made to the FSAI Information Unit 3
Contents
Purpose 4
Legal provisions 5
Types of Irish whiskey 6
Whiskey and Irish whiskey 7
Marketing terms, claims and examples 12 4 FOOD SAFETY AUTHORITY OF IRELAND Labelling of Irish Whiskey
Purpose
This guide applies to Irish whiskey This guide sets out an approach to that is placed on the market. The ensure the correct use of marketing labelling and advertising of food is materials and terms which do not governed by the principles outlined in mislead the consumer when it Articles 16 and 17 of Regulation EC No comes to labelling Irish whiskey. 178/2002 on the general food law.1 This guide will aid in compliance Whiskey is food as far as the law with the rules governing the labelling, is concerned. Regulation (EC) No advertising and presentation of 178/2002 defines food as “any food as specified in Article 16 of the substance or product, whether general food law (Regulation (EC) No processed, partially processed or 178/2002) and expanded on in Article unprocessed, intended to be, or 7 of Regulation (EU) No 1169/2011 on reasonably expected to be ingested by the provision of food information to humans. ‘Food’ includes drink, chewing consumers (FIC). This guide also sets gum and any substance, including out the requirements of Regulation water, intentionally incorporated (EC) No. 110/2008 on the definition, into the food during its manufacture, description, presentation, labelling preparation or treatment.” and the protection of geographical indications of spirit drinks.
Food business operators (FBOs) include those who produce/ manufacture, distribute, bottle or blend Irish whiskey. The FBO is obliged to ensure that food information provided to consumers is compliant with relevant legislation.
1 “Without prejudice to more specific provisions of food law, the labelling, advertising and presentation of food or feed, including their shape, appearance or packaging, the packaging materials used, the manner in which they are arranged and the setting in which they are displayed, and the information which is made available about them through whatever medium, shall not mislead consumers.” Article 16. 5
Legal provisions
The legal provisions which protect Irish As Irish whiskey is a protected whiskey are covered in: geographical indicator, it is also covered by a technical file. • Number 33 of 1980, Irish Whiskey Act, 1980 The technical file details terminology, • Regulation (EC) No 110/2008 ingredients and production practices involved in the production of Irish • S.I. No. 316/2015 – European whiskey. The technical file is available Communities (Spirits Drinks) on the Department of Agriculture, Regulations 2015 Food and the Marine (DAFM) website. In addition to the above, there are rules (For details, see DAFM website on the labelling of food which must be – technical file). also be adhered to:
• Regulation (EU) No 1169/2011 • S.I. No. 556/2014 • Directive 2011/91/EU • S.I No. 110 of 1992 6 FOOD SAFETY AUTHORITY OF IRELAND Labelling of Irish Whiskey
Types of Irish whiskey
The general classification “Irish The term “blended Irish whiskey/ whiskey/uisce beatha Éireannach/ Irish blended whiskey” means a Irish whisky” also contains the blend of two or more different following three recognised Irish whiskey types from the three whiskey varieties, each with their own recognised Irish whiskey varieties. specific technical specifications:
• pot still Irish whiskey/ Irish pot still whiskey • malt Irish whiskey/ Irish malt whiskey • grain Irish whiskey/ Irish grain whiskey. 7
Whiskey and Irish Whiskey
Whiskey is a spirit drink under Those who produce and market Irish Regulation (EC) No. 110/2008 and whiskey under the Irish GI must ensure must comply with this legislation. For that the production processes used for whiskey to be called Irish whiskey, the products are verified as meeting the it must, in addition, comply with the requirements of the relevant technical requirements of the technical file. file. All traders in these products who are involved in any or all of the The specifications for the Irish following processes are required whiskey geographical indicator (GI) to undergo a verification check: are set down in the technical file and registered with the European • Brewing Commission. To attain GI status, a spirit • Fermentation drink must be produced in accordance • Distillation with the technical specifications for the GI in question. Irish whiskey has • Maturation a protected status, which is governed • Blending, bottling and labelling. by national and EU legislation. Revenue is for the GI verification of Irish whiskey in Ireland. In the case of Irish whiskey produced in Northern Ireland, verification of the product is carried out by Her Majesty’s I is whise Revenue and Customs (HMRC). A list of verified premises is available on the DAFM website. (For details, see DAFM list of verified premises) 8 FOOD SAFETY AUTHORITY OF IRELAND Labelling of Irish Whiskey
Whiskey and Irish whiskey (continued)
Labelling of Irish whiskey The labelling of Irish whiskey is Irish whiskey which conforms to governed by the general labelling Regulation (EC) No 110/2008 on the regulations – Regulation (EU) definition, description, presentation, No 1169/2011 on the provision of labelling and the protection of food information to consumers geographical indications of spirit – and also by the general rules drinks, and which also conforms for whiskey which are contained with the DAFM technical file, may in the European Communities be labelled as “Irish whiskey” “uisce (Spirits Drinks) Regulations 2015. beatha Éireannach” or “Irish whisky”. Regulation (EU) No 1169/2011 is available on the Food Safety Authority of Ireland’s website. www.fsai.ie/legislation/food_ legislation/food_information_fic/ food_information-fic.html
For pre-packed foods, mandatory information must be on the package or on an attached label. 9
The following indications must be provided on Irish whiskey labelling:
Labelling information Mandatory Voluntary Food information Lot/Batch Voluntary Health Claims to consumers – Directive information – Regulation (FIC) – Regulation 2011/91/EU (EC) 1924/2006 (EU) No 1169/2011
1. Name of the food In addition to the If an FBO Health claims are FIC requirements, decides to add not permitted 2. Allergen Directive information to on the labelling information 2011/91/EU on the label that is of Irish whiskey. 3. The net quantity indications or covered under Beverages of the food marks identifying FIC legislation, containing the lot to which a they must more than 1.2% 4. The name or foodstuff belongs ensure that the by volume of business name requires that information alcohol are and address foodstuffs must is provided in exempted from of the FBO be accompanied the manner the obligation to 5. With respect by an indication specified in the provide nutrition to beverages which allows FIC Regulation. information. containing identification of However, more than 1.2% the lot to which should an FBO by volume of a foodstuff wish to provide alcohol, the belongs, i.e. a lot/ a nutrition actual alcoholic batch number. declaration, strength by the content of volume (name, the declaration net quantity may be limited and alcoholic to the energy strength must value only. be in the same field of vision). 10 FOOD SAFETY AUTHORITY OF IRELAND Labelling of Irish Whiskey
Whiskey and Irish whiskey (continued)
Labelling provisions as set The compulsory sales out in the technical file denomination (i.e. the relevant All Irish whiskeys must bear the category description) must: sales denomination “Irish whiskey” • Appear on the front of the bottle or “uisce beatha Éireannach” or and on packaging or materials “Irish whisky”, unless they qualify as used for display purposes during “pot still Irish whiskey/Irish pot still the marketing of the Irish whiskey whiskey” or “malt Irish whisky/Irish malt whiskey” or “grain Irish whiskey/ • Be prominent, printed in a Irish grain whiskey” or “blended Irish conspicuous place in such a way whiskey”, in which event they must as to be easily visible and legible bear the relevant sales denomination. to the naked eye and indelible so that it is clear that it is the sales description of the whiskey • Be printed in a way that gives equal prominence to each word making up the name of the category • Be as prominent as any other description of the whiskey on the container or packaging.
The compulsory sales denomination must not be:
• Overlaid or interrupted by other written or pictorial matter • Used in conjunction with any other words. 11
Voluntary information It must include all the ingredients If an FBO decides to add information of the whiskey, in descending order to the label that is covered under of weight, as recorded at the time of FIC legislation, they must ensure that their use in the manufacture of the the information is provided in the food. Where the whiskey contains manner specified in the FIC Regulation. the colour ‘caramel’, it must be For example, the provision of a list declared in the list of ingredients of ingredients is not mandatory for by the food additive category beverages containing more than colour, immediately followed by 1.2% by volume of alcohol. However, the specific name of the additive if an FBO decides to provide a list or its E number, i.e., colour: E150a of ingredients, it must be provided or colour: Plain caramel. as set out in Regulation (EU) No 1169/2011, i.e. headed or preceded by a suitable heading which consists of or includes the word ‘ingredients’.
Listed ingredients must include all the ingredients of the whiskey If the whiskey contains the permitted colour caramel, it should be listed as “colour: E 150a or colour: Plain caramel” 12 FOOD SAFETY AUTHORITY OF IRELAND Labelling of Irish Whiskey
Marketing terms, claims and examples
It is important that any marketing materials (including labelling, claims Voluntary food information made and/or terms used) are not In accordance with Article 36 false, misleading or inaccurate. The of Regulation (EU) No 1169/2011: use of voluntary information should be considered in the context of legal Food information (including requirements under Regulation (EU) spirit drinks) provided on a No 1169/2011 on the provision of voluntary basis shall meet the food information to consumers. following requirements:
Voluntary information is often used as (a) It shall not mislead the part of the marketing of a spirit drink, consumer, as referred to in where the information and terms used Article 7 (see below) highlight particular messages and/ or attributes that the producer/brand (b) It shall not be ambiguous or owner wishes to convey to consumers, confusing for the consumer, and as part of the promotion of their (c) It shall, where appropriate, be product. Such information is often used based on the relevant scientific as part of the labelling of the product data itself; this includes statements made on the labels of the products themselves, https://www.fsai.ie/uploadedFiles/ as part of promotion on websites, Reg1169_2011.pdf and/or on other media formats. 13
Distillery and distiller Fair information practices All distilleries involved in the In accordance with Article 7 production of Irish whiskey must be of Regulation (EU) No 1169/2011: verified by Revenue. Any statements on labels that would appear to give the 1. Food information shall not be impression of distilling where distilling misleading, particularly: is not yet taking place is not permitted. Any specific claims made on the (a) as to the characteristics of the packaging regarding where the product food and, in particular, as to was distilled, matured or blended must its nature, identity, properties, be accurate. Any information provided composition, quantity, must be factual, and evidence will durability, country of origin or be required to support any claims. place of provenance, method of manufacture or production For example: ‘Distilled by St Mary’s Distillery, Dublin, Ireland’: This (b) by attributing to the food voluntary text ‘Distilled by’ could be effects or properties which it understood to mean that the ‘whiskey’ does not possess was wholly distilled in this distillery. (c) By suggesting that the ‘Place of manufacture’ as defined in food possesses special Regulation (EC) No 110/2008 means characteristics when in fact the place or region where the stage all similar foods possess such in the production process of the characteristics, in particular finished product which conferred by specifically emphasising on the spirit drink its character and the presence or absence of essential definitive qualities took certain ingredients and/or place. Consequently, ‘Product of’ nutrients can be used if distilling, blending or maturing of the product took place at the named distillery. 14 FOOD SAFETY AUTHORITY OF IRELAND Labelling of Irish Whiskey
Marketing terms, claims and examples (continued)
Care must be taken with the use Equally, any reference to the distiller of brand names and company or must be accurate. Any information trading names, which may be taken provided must be factual, and evidence by consumers to be the name of will be required to support any claims. a distillery (when they are not). The labelling, packaging, advertising or promotion of an Irish whiskey should For example: brand name – (X not, having regard to the presentation Distillery) with an address at St John’s of the product, create a likelihood Bridge. This statement could mislead that the public may think that the the consumer, as they might think whiskey was distilled by any person there is a distillery at St John’s Bridge, other than the person who distilled it. whereas, in fact, this could just be the brand name of the whiskey. Care A ‘master distiller’ is responsible for the must be taken when giving this kind quality of the product that a distillery of information, as this implies that produces and any reference to a the distillery is in a certain location ‘master distiller’ must reflect a person that may not actually exist, and this who has acquired such a responsibility could potentially mislead consumers, and skill set. If using this phrase, the which would be in breach of Article company must explain the meaning 7 of Regulation (EU) No 1169/2011. of this term bearing in mind Article 36 of Regulation (EU) No 1169/2011. 15
Use of place names in sale Blend/blending/blended whiskey names/brand name “Blended Irish whiskey/Irish blended In the case of Irish whiskey products whiskey” means a blend of two or that use a place name as a sales name more different whiskey types from or brand name, it is important to ensure the “pot still Irish whiskey/Irish pot that any claims which specify where the still whiskey”, “malt Irish whiskey/ product is distilled, matured or blended Irish malt whiskey” and “grain are accurate and do not confuse the Irish whiskey/Irish grain whiskey” consumer as to place of provenance. varieties. “Blended Irish whiskey/ Irish blended whiskey” may also be Categories of Irish whiskey described simply as “Irish whiskey”. Where the variety name is used to describe an “Irish whiskey/uisce beatha It is important that any statements Éireannach/Irish whisky”, then the or claims made regarding blends of production method for this whiskey whiskey are not misleading, inaccurate must strictly adhere to the technical or false. Consequently, the source, specification defined for that whiskey. age and type of all whiskey used in each blending operation must For example: single malt Irish whiskey be fully traceable as GI verified means an Irish whiskey made from whiskey. Nothing may be added malted barley at a single distillery during blending other than water by batch distillation in pot stills. and caramel colouring E150A.
It takes years to acquire the skill and knowledge to become a ‘master blender’. If using this phrase, the company must explain the meaning of this term bearing in mind Article 36 of Regulation (EU) No 1169/2011. 16 FOOD SAFETY AUTHORITY OF IRELAND Labelling of Irish Whiskey
Marketing terms, claims and examples (continued)
There needs to be evidence “Irish whiskey/uisce beatha supporting any claims/statements Éireannach/Irish whisky” cannot be made, which should be kept on file labelled, packaged, sold, advertised for verification purposes (i.e. by the or promoted in a way that includes Revenue Commissioners and the a reference to the year of distillation Health Service Executive (HSE)). of the whiskey. An exception to this rule is allowed if the presentation Maturation and age of the whiskey also includes in the “Irish whiskey/uisce beatha same field of vision the reference Éireannach/Irish whisky” must be to the year of distillation: matured in wooden casks only on the island of Ireland, such maturation (a) The year of bottling being for a minimum of three years. of the whiskey Whiskey is matured in wooden casks, (b) The period of maturation from different types such as oak of the whiskey, or which may have been previously (c) The age of the whiskey used to store other categories of alcoholic beverages, including but “Irish whiskey/uisce beatha not limited to madeira, sherry, port or Éireannach/Irish whisky” cannot bourbon. During the maturation phase, be labelled, packaged, sold, interactions take place between the advertised or promoted in a way spirit and the cask, which influences that includes any reference to a the flavour of the final product. period of maturation or age of the whiskey unless it is to the period of maturation or age of the youngest whiskey in the drink expressed in years and consisting of one number (which may be expressed either as a numeral or as a word), and provided that the whiskey was aged under appropriate control and verification. 17
The labelling, packaging, advertising Marketing terms or promotion of an Irish whiskey must When using marketing terms, FBOs not include a reference to any number should always bear in mind the general (however expressed) if the reference principles governing the provision to that number may create a likelihood of food information to consumers of confusion on the part of the public in Regulation (EU) No 1169/2011. For as to whether the number relates to details, please see the FSAI Guidance the maturation period of the Irish Note on the use of marketing terms, whiskey, its age or when it was distilled. which is available on: https://www.fsai. ie/publications_food_marketing_terms For example: if a commemorative date of significance appears on an Examples of terms used as follows: Irish whiskey label, this could be interpreted as the age of the whiskey Maturation in a ‘charred cask’ or its distillation date. Brand owners would mean that the whiskey was must ensure that such references are matured in charred barrels. Evidence not misleading. Similarly, references that casks were in fact ‘charred’ to the foundation dates of distilleries, should be available for verification, vintages and finishing periods in order to make such a claim. must be clear and accurate and not misleading to the consumer. ‘Double wood’ – evidence is needed to support the use of this term. This could mean, for example, that the whiskey was aged in American oak bourbon barrels before finishing, for example, in French oak wine casks. The term ‘double wood’ would need to be authentic and, again, evidence supporting this voluntary claim would need to be available, so that it could be verified. 18 FOOD SAFETY AUTHORITY OF IRELAND Labelling of Irish Whiskey
Marketing terms, claims and examples (continued)
If using terms such as ‘old’ or ‘very Water rare single cask’, for example, it is With regard to ‘spring water’, please important to consider what message note that Directive 2009/54/EC on the the consumer is taking from this. It exploitation and marketing of natural could be interpreted by the consumer mineral waters reserves the term as meaning that the whiskey is “spring water” for a water that meets old rather than the cask is old. specific criteria. If an FBO wishes to use this term on their label, they must Care must be taken when using phrases ensure that the water used meets the such as ‘our whiskey is made and cared criteria set out in this legislation. (See for by hand’. The consumer may think Article 9(4) of Directive 2009/54/ that this production method is different EC for the specific requirements.) from that used by other producers.
If using a word such as ‘pure’, this It is important to note that any could imply that other single grains statement/claim used must are ‘not pure’. A label should not be true. Moreover, the FBO is imply that the food possesses special likely to be required to provide characteristics when in fact all similar evidence to support their use food possesses such characteristics. of any statement/claim. 19 20 FOOD SAFETY AUTHORITY OF IRELAND Labelling of Irish Whiskey
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