Standards of Identity for Distilled Spirits
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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 Alcohol 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) ‘‘Vodka’’ is neutral spirits so dis- any agency of a State or political sub- tilled, or so treated after distillation 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 oak containers. tity, means the composite proof of the (b) Class 2; whisky. ‘‘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 bar- 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 whiskies 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 50 VerDate Aug<31>2005 08:40 May 06, 2008 Jkt 214103 PO 00000 Frm 00060 Fmt 8010 Sfmt 8010 Y:\SGML\214103.XXX 214103 rfrederick on PROD1PC67 with CFR Alcohol and Tobacco Tax and Trade Bureau, Treasury § 5.22 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 must 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) ‘‘Scotch whisky’’ 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). 51 VerDate Aug<31>2005 08:40 May 06, 2008 Jkt 214103 PO 00000 Frm 00061 Fmt 8010 Sfmt 8010 Y:\SGML\214103.XXX 214103 rfrederick on PROD1PC67 with CFR § 5.22 27 CFR Ch. I (4–1–08 Edition) (9) ‘‘Canadian whisky’’ is whisky basis) of lees brandy. Fruit brandy, de- which is a distinctive product of Can- rived from grapes, shall be designated ada, manufactured in Canada in com- as ‘‘grape 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, pomace brandy, marc whisky for consumption in Canada: brandy or grappa brandy) distilled from Provided, That if such product is a mix- the fermented juice, mash, or wine 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).