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§ 5.21 27 CFR Ch. I (4–1–08 Edition)

milliliter or milliliters may be abbre- § 5.22 The standards of identity. viated as ‘‘ml’’. Standards of identity for the several Permittee. Any person holding a basic classes and types of distilled spirits set permit under the Federal Ad- forth in this section shall be as follows ministration Act. (see also § 5.35, class and type): Person. Any individual, partnership, (a) Class 1; neutral spirits or alcohol. joint stock company, business trust, ‘‘Neutral spirits’’ or ‘‘alcohol’’ are dis- association, corporation, or other form tilled spirits produced from any mate- of business enterprise, including a re- rial at or above 190° proof, and, if bot- ceiver, trustee, or liquidating agent tled, bottled at not less than 80° proof. and including an officer or employee of (1) ‘‘’’ is neutral spirits so dis- any agency of a State or political sub- tilled, or so treated after division thereof; and the term ‘‘trade with charcoal or other materials, as to buyer’’ means any person who is a be without distinctive character, wholesaler or retailer. aroma, taste, or color. Produced at. As used in §§ 5.22 and 5.52 (2) ‘‘Grain spirits’’ are neutral spirits in conjunction with specific degrees of distilled from a fermented mash of proof to describe the standards of iden- grain and stored in containers. tity, means the composite proof of the (b) Class 2; . ‘‘Whisky’’ is an al- coholic distillate from a fermented spirits after completion of distillation mash of grain produced at less than and before reduction in proof. 190° proof in such manner that the dis- Proof gallon. A gallon of liquid at 60 tillate possesses the taste, aroma, and ° F. which contains 50 percent by vol- characteristics generally attributed to ume of ethyl alcohol having a specific whisky, stored in oak containers (ex- ° gravity of 0.7939 at 60 F. referred to cept that corn whisky need not be so water at 60 °F. as unity, or the alco- stored), and bottled at not less than 80° holic equivalent thereof. proof, and also includes mixtures of Season. The period from January 1 such distillates for which no specific through June 30, is the spring season standards of identity are prescribed. and the period from July 1 through De- (1)(i) ‘‘Bourbon whisky’’, ‘‘rye whis- cember 31 is the fall season. ky’’, ‘‘wheat whisky’’, ‘‘malt whisky’’, United States. The several States and or ‘‘rye malt whisky’’ is whisky pro- Territories and the District of Colum- duced at not exceeding 160° proof from bia; the term ‘‘State’’ includes a Terri- a fermented mash of not less than 51 tory and the District of Columbia; and percent corn, rye, wheat, malted - the term ‘‘Territory’’ means the Com- ley, or malted rye grain, respectively, monwealth of Puerto Rico. and stored at not more than 125° proof in charred new oak containers; and (26 U.S.C. 7805 (68 Stat. 917, as amended); 27 also includes mixtures of such U.S.C. 205 (49 Stat. 981, as amended)) of the same type. [T.D. ATF–48, 43 FR 13533, Mar. 31, 1978; 44 (ii) ‘‘Corn whisky’’ is whisky pro- FR 55839, Sept. 28, 1979, as amended by T.D. duced at not exceeding 160° proof from ATF–62, 44 FR 71620, Dec. 11, 1979; T.D. ATF– a fermented mash of not less than 80 66, 45 FR 40547, June 13, 1980; T.D. ATF–94, 46 percent corn grain, and if stored in oak FR 55096, Nov. 6, 1981; T.D. ATF–198, 50 FR containers stored at not more than 125° 8463, Mar. 1, 1985; T.D. ATF–230, 51 FR 21748, June 16, 1986; T.D. ATF–425, 65 FR 11891, Mar. proof in used or uncharred new oak 7, 2000; T.D. TTB–44, 71 FR 16921, Apr. 4, 2006] containers and not subjected in any manner to treatment with charred wood; and also includes mixtures of Subpart C—Standards of Identity such whisky. for Distilled Spirits (iii) Whiskies conforming to the standards prescribed in paragraphs § 5.21 Application of standards. (b)(1)(i) and (ii) of this section, which The standards of identity for the sev- have been stored in the type of oak eral classes and types of distilled spir- containers prescribed, for a period of 2 its set forth in this part shall be appli- years or more shall be further des- cable only to distilled spirits for bev- ignated as ‘‘straight’’; for example, erage or other nonindustrial purposes. ‘‘straight bourbon whisky’’, ‘‘straight

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corn whisky’’, and whisky conforming ing, flavoring, or blending materials as to the standards prescribed in para- set forth in 27 CFR 5.23(a). graph (b)(1)(i) of this section, except (ii) ‘‘A blend of straight whiskies’’ that it was produced from a fermented (blended straight whiskies) consisting mash of less than 51 percent of any one entirely of one of the types of straight type of grain, and stored for a period of whisky, and not conforming to the 2 years or more in charred new oak standard for straight whisky, shall be containers shall be designated merely further designated by that specific type as ‘‘straight whisky’’. No other whis- of straight whisky; for example, ‘‘a kies may be designated ‘‘straight’’. blend of straight rye whiskies’’ (blend- ‘‘Straight whisky’’ includes mixtures ed straight rye whiskies). ‘‘A blend of of straight whiskies of the same type straight whiskies’’ consisting entirely produced in the same State. of one of the types of straight whisky (2) ‘‘Whisky distilled from bourbon shall include straight whisky of the (rye, wheat, malt, or rye malt) mash’’ same type which was produced in the is whisky produced in the United same State or by the same proprietor States at not exceeding 160° proof from within the same State, provided that a fermented mash of not less than 51 such whisky contains harmless color- percent corn, rye, wheat, malted bar- ing, flavoring, or blending materials as ley, or malted rye grain, respectively, stated in 27 CFR 5.23(a). and stored in used oak containers; and (iii) The harmless coloring, flavoring, also includes mixtures of such whiskies or blending materials allowed under of the same type. Whisky conforming this section shall not include neutral to the standard of identity for corn spirits or alcohol in their original whisky be designated corn whis- state. Neutral spirits or alcohol may ky. only appear in a ‘‘blend of straight (3) ‘‘Light whisky’’ is whisky pro- whiskies’’ or in a ‘‘blend of straight duced in the United States at more whiskies consisting entirely of one of than 160° proof, on or after January 26, the types of straight whisky’’ as a ve- 1968, and stored in used or uncharred hicle for recognized flavoring of blend- new oak containers; and also includes ing material. mixtures of such whiskies. If ‘‘light (6) ‘‘Spirit whisky’’ is a mixture of whisky’’ is mixed with less than 20 per- neutral spirits and not less than 5 per- cent of straight whisky on a proof gal- cent on a proof gallon basis of whisky, lon basis, the mixture shall be des- or straight whisky, or straight whisky ignated ‘‘blended light whisky’’ (light and whisky, if the straight whisky whisky—a blend). component is less than 20 percent on a (4) ‘‘Blended whisky’’ (whisky—a proof gallon basis. blend) is a mixture which contains (7) ‘‘’’ is whisky which straight whisky or a blend of straight is a distinctive product of Scotland, whiskies at not less than 20 percent on manufactured in Scotland in compli- a proof gallon basis, excluding alcohol ance with the laws of the United King- derived from added harmless coloring, dom regulating the manufacture of flavoring or blending materials, and, Scotch whisky for consumption in the separately, or in combination, whisky United Kingdom: Provided, That if such or neutral spirits. A blended whisky product is a mixture of whiskies, such containing not less than 51 percent on mixture is ‘‘blended Scotch whisky’’ a proof gallon basis of one of the types (Scotch whisky—a blend). of straight whisky shall be further des- (8) ‘‘Irish whisky’’ is whisky which is ignated by that specific type of a distinctive product of Ireland, manu- straight whisky; for example, ‘‘blended factured either in the Republic of Ire- rye whisky’’ (rye whisky—a blend). land or in Northern Ireland, in compli- (5)(i) ‘‘A blend of straight whiskies’’ ance with their laws regulating the (blended straight whiskies) is a mix- manufacture of Irish whisky for home ture of straight whiskies which does consumption: Provided, That if such not conform to the standard of identify product is a mixture of whiskies, such for ‘‘straight whisky.’’ Products so des- mixture is ‘‘blended Irish whisky’’ ignated may contain harmless color- (Irish whisky—a blend).

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(9) ‘‘’’ is whisky basis) of lees . brandy, de- which is a distinctive product of Can- rived from , shall be designated ada, manufactured in Canada in com- as ‘‘ brandy’’ or ‘‘brandy’’, except pliance with the laws of Canada regu- that in the case of brandy (other than lating the manufacture of Canadian neutral brandy, brandy, marc whisky for consumption in Canada: brandy or brandy) distilled from Provided, That if such product is a mix- the fermented juice, mash, or of ture of whiskies, such mixture is grapes, or the residue thereof, which ‘‘blended Canadian whisky’’ (Canadian has been stored in oak containers for whisky—a blend). less than 2 years, the statement of (c) Class 3; . ‘‘Gin’’ is a product ob- class and type shall be immediately tained by original distillation from preceded, in the same size and kind of mash, or by redistillation of distilled type, by the word ‘‘immature’’. Fruit spirits, or by mixing neutral spirits, brandy, other than grape brandy, de- with or over juniper berries and other rived from one variety of fruit, shall be aromatics, or with or over extracts de- designated by the word ‘‘brandy’’ quali- rived from infusions, percolations, or fied by the name of such fruit (for ex- maceration of such materials, and in- ample, ‘‘peach brandy’’), except that cludes mixtures of gin and neutral spir- ‘‘apple brandy’’ may be designated its. It shall derive its main char- ‘‘’’. derived from acteristic flavor from juniper berries more than one variety of fruit shall be and be bottled at not less than 80° designated as ‘‘fruit brandy’’ qualified proof. Gin produced exclusively by by a truthful and adequate statement original distillation or by redistillation of composition. may be further designated as ‘‘dis- (2) ‘‘’’, or ‘‘Cognac (grape) tilled’’. ‘‘Dry gin’’ (London dry gin), brandy’’, is grape brandy distilled in ‘‘Geneva gin’’ (Hollands gin), and ‘‘Old the Cognac region of France, which is Tom gin’’ (Tom gin) are types of gin entitled to be so designated by the laws known under such designations. and regulations of the French Govern- (d) Class 4; brandy. ‘‘Brandy’’ is an al- ment. coholic distillate from the fermented (3) ‘‘Dried fruit brandy’’ is brandy juice, mash, or wine of fruit, or from that conforms to the standard for fruit the residue thereof, produced at less brandy except that it has been derived than 190° proof in such manner that the from sound, dried fruit, or from the distillate possesses the taste, aroma, standard wine of such fruit. Brandy de- and characteristics generally attrib- rived from raisins, or from raisin wine, uted to the product, and bottled at not shall be designated as ‘‘raisin brandy’’. less than 80° proof. Brandy, or mixtures Other shall be designated in thereof, not conforming to any of the the same manner as fruit brandy from standards in paragraphs (d) (1) through the corresponding variety or varieties (8) of this section shall be designated as of fruit except that the name of the ‘‘brandy’’, and such designation shall fruit shall be qualified by the word be immediately followed by a truthful ‘‘dried’’. and adequate statement of composi- (4) ‘‘Lees brandy’’ is brandy distilled tion. from the lees of standard grape, citrus, (1) ‘‘Fruit brandy’’ is brandy distilled or other , and shall be des- solely from the fermented juice or ignated as ‘‘lees brandy’’, qualified by mash of whole, sound, ripe fruit, or the name of the fruit from which such from standard grape, citrus, or other lees are derived. fruit wine, with or without the addi- (5) ‘‘’’, or ‘‘marc bran- tion of not more than 20 percent by dy’’, is brandy distilled from the skin weight of the pomace of such juice or and pulp of sound, ripe grapes, citrus or wine, or 30 percent by volume of the other fruit, after the withdrawal of the lees of such wine, or both (calculated juice or wine therefrom, and shall be prior to the addition of water to facili- designated as ‘‘pomace brandy’’, or tate fermentation or distillation). ‘‘marc brandy’’, qualified by the name Fruit brandy shall include mixtures of of the fruit from which derived. Grape such brandy with not more than 30 per- pomace brandy may be designated as cent (calculated on a proof gallon ‘‘grappa’’ or ‘‘grappa brandy’’.

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(6) ‘‘Residue brandy’’ is brandy dis- proof; and also includes mixtures solely tilled wholly or in part from the fer- of such distillates. mented residue of fruit or wine, and (g) Class 7; . ‘‘Tequila’’ is an shall be designated as ‘‘residue brandy’’ alcoholic distillate from a fermented qualified by the name of the fruit from mash derived principally from the which derived. Brandy distilled wholly Tequilana Weber (‘‘blue’’ vari- or in part from residue materials which ety), with or without additional fer- conforms to any of the standards set mentable substances, distilled in such forth in paragraphs (d) (1), (3), (4), and a manner that the distillate possesses (5) of this section may, regardless of the taste, aroma, and characteristics such fact, be designated ‘‘residue bran- generally attributed to Tequila and dy’’, but the use of such designation bottled at not less than 80° proof, and shall be conclusive, precluding any also includes mixtures solely of such later change of designation. distillates. Tequila is a distinctive (7) ‘‘Neutral brandy’’ is brandy pro- product of Mexico, manufactured in duced at more than 170° proof and shall Mexico in compliance with the laws of be designated in accordance with the Mexico regulating the manufacture of standards in this paragraph, except Tequila for consumption in that coun- that the designation shall be qualified try. by the word ‘‘neutral’’; for example, (h) Class 8; cordials and . ‘‘neutral citrus residue brandy’’. Cordials and liqueurs are products ob- (8) ‘‘Substandard brandy’’ shall bear tained by mixing or redistilling dis- as a part of its designation the word tilled spirits with or over , flow- ‘‘substandard’’, and shall include: ers, plants, or pure juices therefrom, or (i) Any brandy distilled from fer- other natural flavoring materials, or mented juice, mash, or wine having a with extracts derived from infusions, volatile acidity, calculated as acetic percolation, or maceration of such ma- acid and exclusive of sulfur dioxide, in terials, and containing , dextrose, excess of 0.20 gram per 100 cubic centi- or levulose, or a combination thereof, meters (20 °C.); measurements of vola- in an amount not less than 21⁄2 percent tile acidity shall be calculated exclu- by weight of the finished product. sive of water added to facilitate dis- (1) ‘‘’’ is a cordial or tillation. with the main characteristic flavor de- (ii) Any brandy which has been dis- rived from sloe berries. tilled from unsound, moldy, diseased, (2) ‘‘Rye liqueur’’, ‘‘bourbon liqueur’’ or decomposed juice, mash, wine, lees, (rye, bourbon cordial) are liqueurs, bot- pomace, or residue, or which shows in tled at not less than 60° proof, in which the finished product any taste, aroma, not less than 51 percent, on a proof gal- or characteristic associated with prod- lon basis, of the distilled spirits used ucts distilled from such material. are, respectively, rye or bourbon whis- (e) Class 5; blended applejack. ‘‘Blend- ky, straight rye or straight bourbon ed applejack’’ (applejack—a blend) is a whisky, or whisky distilled from a rye mixture which contains at least 20 per- or bourbon mash, and which possess a cent of apple brandy (applejack) on a predominant characteristic rye or proof gallon basis, stored in oak con- bourbon flavor derived from such whis- tainers for not less than 2 years, and ky. Wine, if used, must be within the not more than 80 percent of neutral 21⁄2 percent limitation provided in § 5.23 spirits on a proof gallon basis if such for coloring, flavoring, and blending mixture at the time of bottling is not materials. less than 80° proof. (3) ‘‘Rock and rye’’, ‘‘rock and bour- (f) Class 6; rum. ‘‘Rum’’ is an alco- bon’’, ‘‘rock and brandy’’, ‘‘rock and holic distillate from the fermented rum’’ are liqueurs, bottled at not less juice of sugar cane, sugar cane syrup, than 48° proof, in which, in the case of sugar cane molasses, or other sugar rock and rye and rock and bourbon, not cane by-products, produced at less than less than 51 percent, on a proof gallon 190° proof in such manner that the dis- basis, of the distilled spirits used are, tillate possesses the taste, aroma and respectively, rye or bourbon whisky, characteristics generally attributed to straight rye or straight bourbon whis- rum, and bottled at not less than 80° ky, or whisky distilled from a rye or

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bourbon mash, and, in the case of rock label disclosure, if the additional wine and brandy and rock and rum, the dis- is derived from the particular fruit cor- tilled spirits used are all grape brandy responding to the labeled flavor of the or rum, respectively; containing rock product. candy or sugar syrup, with or without (j) Class 10; imitations. Imitations the addition of fruit, fruit juices, or shall bear, as a part of the designation other natural flavoring materials, and thereof, the word ‘‘imitation’’ and shall possessing, respectively, a predominant include the following: characteristic rye, bourbon, brandy, or (1) Any class or type of distilled spir- rum flavor derived from the distilled its to which has been added coloring or spirits used. Wine, if used, must be flavoring material of such nature as to within the 21⁄2 percent limitation pro- cause the resultant product to simu- vided in § 5.23 for harmless coloring, late any other class or type of distilled flavoring, and blending materials. spirits; (4) ‘‘Rum liqueur,’’ ‘‘gin liqueur,’’ (2) Any class or type of distilled spir- ‘‘brandy liqueur,’’ are liqueurs, bottled its (other than distilled spirits required at not less than 60 proof, in which the under § 5.35 to bear a distinctive or fan- distilled spirits used are entirely rum, ciful name and a truthful and adequate gin, or brandy, respectively, and which statement of composition) to which has possess, respectively, a predominant been added flavors considered to be ar- characteristic rum, gin, or brandy fla- tificial or imitation. In determining vor derived from the distilled spirits whether a flavor is artificial or imita- used. In the case of brandy liqueur, the tion, recognition will be given to what type of brandy must be stated in ac- is considered to be ‘‘good commercial cordance with § 5.22(d), except that li- practice’’ in the flavor manufacturing queurs made entirely with grape bran- industry; dy may be designated simply as ‘‘bran- (3) Any class of type of distilled spir- dy liqueur.’’ Wine, if used, must be its (except cordials, liqueurs and spe- within the 21⁄2 percent limitation pro- cialties marketed under labels which vided for in § 5.23 for harmless coloring, do not indicate or imply, that a par- flavoring, and blending materials. ticular class or type of distilled spirits (5) The designation of a cordial or li- was used in the manufacture thereof) queur may include the word ‘‘dry’’ if to which has been added any whisky the sugar, dextrose, or levulose, or a essense, brandy essence, rum essence, combination thereof, are less than 10 or similar essence or extract which percent by weight of the finished prod- simulates or enhances, or is used by uct. the trade or in the particular product (6) Cordials and liqueurs shall not be to simulate or enhance, the character- designated as ‘‘distilled’’ or ‘‘com- istics of any class or type of distilled pound’’. spirits; (i) Class 9; flavored brandy, flavored (4) Any type of whisky to which bead- gin, flavored rum, flavored vodka, and ing oil has been added; flavored whisky. ‘‘Flavored brandy, (5) Any rum to which neutral spirits ‘‘flavored gin,’’ ‘‘flavored rum,’’ ‘‘fla- or distilled spirits other than rum have vored vodka,’’ and ‘‘flavored whisky,’’ been added; are brandy, gin, rum vodka, and whis- (6) Any brandy made from distilling ky, respectively, to which have been material to which has been added any added natural flavoring materials, with amount of sugar other than the kind or without the addition of sugar, and and amount of sugar expressly author- bottled at not less than 60° proof. The ized in the production of standard name of the predominant flavor shall wine; and appear as a part of the designation. If (7) Any brandy to which neutral spir- the finished product contains more its or distilled spirits other than bran- than 21⁄2 percent by volume of wine, the dy have been added, except that this kinds and precentages by volume of provision shall not apply to any prod- wine must be stated as a part of the uct conforming to the standard of iden- designation, except that a flavored tity for blended applejack. brandy may contain an additional 121⁄2 (k) Class 11; geographical designations. percent by volume of wine, without (1) Geographical names for distinctive

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types of distilled spirits (other than (4), (5), and (6) of this section are dis- names found by the appropriate TTB tinctive products of the United States officer under paragraph (k)(2) of this and if produced in a foreign country section to have become generic) shall shall be designated by the applicable not be applied to distilled spirits pro- designation prescribed in such para- duced in any other place than the par- graphs, together with the words ticular region indicated by the name, ‘‘American type’’ or the words ‘‘pro- unless (i) in direct conjunction with duced (distilled, blended) in ll’’, the the name there appears the word blank to be filled in with the name of ‘‘type’’ or the word ‘‘American’’ or the foreign country: Provided, That the some other adjective indicating the word ‘‘bourbon’’ shall not be used to true place of production, in lettering describe any whisky or whisky-based substantially as conspicuous as such distilled spirits not produced in the name, and (ii) the distilled spirits to United States. If whisky of any of which the name is applied conform to these types is composed in part of the distilled spirits of that particular whisky or whiskies produced in a for- region. The following are examples of eign country there shall be stated, on distinctive types of distilled spirits the brand label, the percentage of such with geographical names that have not whisky and the country of origin there- become generic: de Dantzig of. (Danziger Goldwasser), Ojen, Swedish (2) The name for other distilled spir- . Geographical names for distinc- its which are distinctive products of a tive types of distilled spirits shall be particular place or country, an exam- used to designate only distilled spirits ple is Habanero, shall not be given to conforming to the standard of identity, the product of any other place or coun- if any, for such type specified in this try unless the designation for such section, or if no such standard is so product includes the word ‘‘type’’ or an specified, then in accordance with the adjective such as ‘‘American’’, or the trade understanding of that distinctive like, clearly indicating the true place type. of production. The provision for place (2) Only such geographical names for of production shall not apply to des- distilled spirits as the appropriate TTB ignations which by usage and common officer finds have by usage and com- knowledge have lost their geographical mon knowledge lost their geographical significance to such an extent that the significance to such extent that they appropriate TTB officer finds they have have become generic shall be deemed become generic. Examples are to have become generic. Examples at , Zubrovka, Aquavit, , London dry gin, Geneva (Hollands) gin. and Kirschwasser. (3) Geographical names that are not [T.D. 7020, 34 FR 20337, Dec. 30, 1969, as names for distinctive types of distilled amended by T.D. ATF–7, 38 FR 33471, Dec. 5, spirits, and that have not become ge- 1973; T.D. ATF–36, 41 FR 47426, Oct. 29, 1976; neric, shall not be applied to distilled T.D. ATF–37, 41 FR 48121, Nov. 2, 1976; T.D. ATF–48, 44 FR 55839, Sept. 28, 1979; T.D. ATF– spirits produced in any other place 62, 44 FR 71620, Dec. 11, 1979; T.D. ATF–66, 45 than the particular place or region in- FR 40547, June 13, 1980; T.D. ATF–94, 46 FR dicated in the name. Examples are Co- 55096, Nov. 6, 1981; T.D. ATF–259, 52 FR 41422, gnac, , Greek brandy, Oct. 28, 1987; T.D. ATF–324, 57 FR 29020, June brandy, Jamaica rum, Puerto Rico 30, 1992] rum, Demerara rum. (4) The words ‘‘Scotch’’, ‘‘Scots’’ § 5.23 Alteration of class and type. ‘‘Highland’’, or ‘‘Highlands’’ and simi- (a) Additions. (1) The addition of any lar words connoting, indicating, or coloring, flavoring, or blending mate- commonly associated with Scotland, rials to any class and type of distilled shall not be used to designate any spirits, except as otherwise provided in product not wholly produced in Scot- this section, alters the class and type land. thereof and the product shall be appro- (l) Class 12; products without geo- priately redesignated. graphical designations but distinctive of a (2) There may be added to any class particular place. (1) The whiskies of the or type of distilled spirits, without types specified in paragraphs (b) (1), changing the class or type thereof, (i)

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