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 Iis 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’.