[Federal Register Volume 89, Number 243 (Wednesday, December 18, 2024)]
[Rules and Regulations]
[Pages 102726-102735]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29938]
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 5
[Docket No. TTB-2022-0007; T.D. TTB-199; Re: Notice No. 213]
RIN 1513-AC88
Addition of American Single Malt Whisky to the Standards of
Identity for Distilled Spirits
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Final rule; Treasury decision.
-----------------------------------------------------------------------
SUMMARY: This final rule amends the Alcohol and Tobacco Tax and Trade
Bureau (TTB) regulations that set forth the standards of identity for
distilled spirits to include ``American single malt whisky'' as a type
of whisky that is produced in the United States and meets certain
criteria. TTB proposed the new standard of identity in response to
petitions and comments submitted by several distillers and the American
Single Malt Whisky Commission. TTB is finalizing the amendments to the
regulations to establish the standard of identity with some changes to
reflect comments received.
DATES: This final rule is effective January 19, 2025.
FOR FURTHER INFORMATION CONTACT: Selina M. Ferguson, Regulations and
Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G
Street NW, Box 12, Washington, DC 20005; telephone 202-453-1039.
SUPPLEMENTARY INFORMATION:
Background
TTB Authority
The Alcohol and Tobacco Tax and Trade Bureau (TTB) administers
regulations regarding the labeling of distilled spirits, which include
those setting forth ``standards of identity.'' The authority to
establish these standards is based on section 105(e) of the Federal
Alcohol Administration Act (FAA Act),\1\ codified in the United States
Code at 27 U.S.C. 205(e). That section authorizes the Secretary of the
Treasury (the Secretary) to prescribe regulations relating to the
``packaging, marking, branding, and labeling'' of alcohol beverage
containers ``as will prohibit deception of the consumer with respect to
such products'' and ``as will provide consumers with adequate
information as to the identity and quality of the products.'' Section
105(e) of the FAA Act also generally requires bottlers and importers of
alcohol beverages to obtain approval of the product labels through
certificates of label approval (COLAs) prior to bottling or importing
alcohol beverages for sale in interstate commerce.
---------------------------------------------------------------------------
\1\ Aug. 29, 1935, ch. 814, title I, sec. 101 et seq., formerly
sec. 1 et seq., 49 Stat. 977; renumbered title I, sec. 101 et seq.,
and amended Public Law 100-690, title VIII, Nov. 18, 1988, 102 Stat.
4517.
---------------------------------------------------------------------------
TTB administers these FAA Act provisions pursuant to section
1111(d) of the Homeland Security Act of 2002, as codified at 6 U.S.C.
531(d). In addition, the Secretary has delegated certain administrative
and enforcement authorities to TTB through Treasury Department Order
120-01.
Part 5 of title 27 of the Code of Federal Regulations (27 CFR part
5) sets forth the regulations implementing those provisions of section
105(e) of the FAA Act as they pertain to distilled spirits.
Classes and Types of Spirits
The TTB regulations establish standards of identity for distilled
spirits products and categorize these products according to various
classes and types. See 27 CFR part 5, subpart I. As used in 27 CFR
5.141(a), the term ``class'' refers to a general category of spirits.
Subpart I sets forth the various classes of distilled spirits and their
characteristics. Examples of classes of distilled spirits include
``whisky,'' ``rum,'' ``gin,'' and ``brandy.'' As used in Sec.
5.141(a), the term ``type'' refers to a subcategory within a class of
spirits. These types generally have additional or more specific
characteristics than the class. For example, ``Cognac'' is a type
within the class of brandy, specifically grape brandy distilled
exclusively in the Cognac region of France and meeting the laws and
regulations of the French government for designation as Cognac. See 27
CFR 5.145(c)(2).
The TTB labeling regulations at 27 CFR 5.63(a)(2) require that the
class and type of distilled spirits appear on the product's label.
These regulations provide that the class and type must be stated in
conformity with 27 CFR part 5, subpart I, of the TTB regulations.
Current Standards of Identity, Classification of Malt Whisky, and
Treatment of Products Labeled as ``American Single Malt Whisky''
Current TTB regulations at 27 CFR 5.143(a) set forth the standard
of identity for the class whisky. In Sec. 5.143, paragraphs (c)(2)
through (18) categorize the specific types of whisky, such as ``Bourbon
whisky'' and ``malt whisky.'' The current regulations provide standards
for identifying whisky as ``malt whisky,'' at paragraph (c)(2), and
``whisky distilled from malt mash,'' at paragraph (c)(7), but do not
further specify standards for ``single malt whisky.'' Malt whisky is
described as whisky produced at not more than 160[deg] proof from a
fermented mash of not less than 51 percent malted barley and stored at
not more than 125[deg] proof in charred new oak barrels. Such whisky
stored in charred new oak barrels for a period of 2 years or more may
optionally be further designated as ``straight'' malt whisky. See 27
CFR 5.143(c)(5). A ``whisky distilled from malt mash'' is whisky
produced in the United States at not more than 160[deg] proof from a
fermented mash of not less than 51 percent malted barley and stored in
used oak barrels.
With respect to geographical designators such as ``American,''
Sec. 5.154(a)(3) provides that geographical names that are not names
for distinctive types of distilled spirits, and that have not become
generic, may not be used unless the product is produced in the
particular place or region indicated in the name. Accordingly, a
product currently designated as ``American whisky'' must be produced in
the United States. Additionally, Sec. Sec. 5.143(b)
[[Page 102727]]
and 5.154(b)(1) provide that a product designated as ``malt whisky'' or
``American malt whisky'' must be produced in the United States.
Products may currently bear the designation ``American Single Malt
Whisky,'' and TTB has approved COLAs with that term, without any
additional parameters other than those described above.
American Single Malt Whisky Petitions and Related Comments
In October 2017, TTB received three petitions with similar content
from XO Alambic, Remy Cointreau, and Westland Distillery. Each of these
petitioners noted that they were filing their petition on behalf of, or
with, the American Single Malt Whiskey Commission (ASMWC), an
association of at least seventy-five producers of whisky in the United
States. In their petitions, the distillers requested the establishment
of a standard of identity to define the ``American single malt whisky''
category for producers and consumers alike. They noted that the
American whisky category has been growing over the past decade and
continues to expand, and that recognition of American single malt
whisky is at an all-time high, with U.S. distillers winning
international competitions with products in these categories. They
stated that establishment of a standard of identity would benefit
consumers, as it would provide a definition for the product, establish
trust in the category, clarify label declarations, and equip consumers
with the necessary information to make informed decisions so they can
have confidence in the products they are choosing to buy in a similar
way that Scotch whisky standards provide such information to American
consumers. They also believe establishment of a standard of identity
would strengthen the U.S. economy by increasing tax revenue related to
the sale of American single malt whiskey, and by creating jobs related
to producing, distributing, and selling such a product and the
ingredients used in this product.
In their petitions, the distillers requested the establishment of a
standard of identity for American single malt whisky, defined as a type
of whisky that is mashed, matured, and distilled at a single United
States distillery, distilled to a proof not exceeding 160[deg] proof
from a fermented mash of 100 percent malted barley, stored in oak
containers not exceeding a capacity of 700 liters, and bottled at not
less than 80[deg] proof.
In 2018, TTB published in the Federal Register a notice of proposed
rulemaking (Notice No. 176, 83 FR 60562) proposing to amend its
regulations governing the labeling and advertising of wine, distilled
spirits, and malt beverages. Although TTB did not include a proposal
for an American single malt whisky standard of identity in Notice No.
176, TTB received over 200 comments in support of such a standard. One
of these comments was from the ASMWC, who proposed a slightly different
standard of identity from the one submitted in the three 2017
petitions. ASMWC's comment to Notice No. 176 proposed that American
single malt whisky should be distilled, mashed, and matured in the
United States, but only distillation should be required to take place
at a single United States distillery. All other aspects of the standard
remained the same as those previously proposed in the petitions from XO
Alambic, Remy Cointreau, and Westland Distillery. ASMWC's comment
stated that this standard of identity was supported by more than 130
producers of single malt whisky. In this document, this ASMWC proposal
is referred to as the ``2018 ASMWC petition.''
Notice of Proposed Rulemaking
On July 29, 2022, TTB published in the Federal Register Notice No.
213 (87 FR 45727), ``Proposed Addition of American Single Malt Whisky
to the Standards of Identity for Distilled Spirits,'' which provided
notice and the opportunity to comment on the proposed addition of a
standard of identity for American single malt whisky to the TTB
regulations. Notice No. 213 generally incorporated the standard of
identity proposed in the petitions submitted to TTB and comments
received on Notice No. 176. Specifically, TTB proposed to define
American single malt whisky as a type of whisky that is mashed,
distilled, and aged in the United States; is distilled entirely at one
U.S. distillery; is distilled to a proof of 160[deg] or less; is
distilled from a fermented mash of 100 percent malted barley; is stored
in oak barrels (used, uncharred new, or charred new) not exceeding 700
liters; and is bottled at not less than 80[deg] proof.
Comments Received
The comment period for Notice No. 213 closed on September 27, 2022.
TTB received 158 comments in response to Notice No. 213. Commenters
included 16 U.S. and foreign trade associations, 44 industry members
and related companies, and 98 individual members of the public (many of
these individuals are part of the distilled spirits industry but
submitted their comments only under their own name). Of the comments
received, 73 were submitted separately to TTB but had identical or
nearly identical content and are labeled as mass comments as posted on
the rulemaking docket. These mass comments stated support for the
creation of a standard of identity for American single malt whisky in
line with the ASMWC petition.
The vast majority of the comments received supported establishing a
standard of identity for American single malt whisky. In addition to
the mass comments, 41 commenters expressed support for establishing the
standard of identity as proposed in the NPRM, while twenty-five
commenters supported establishing a standard of identity for American
single malt whisky but with modifications to the proposed criteria.
Three commenters did not support establishing a standard of identity.
Those in support stated that establishing a standard of identity for
American single malt whisky is beneficial for producers and consumers.
Specifically, commenters stated that it will increase opportunities for
American producers, allow for more innovation in this product category,
and create trust in this category for consumers. Those opposed to
establishing the proposed standard of identity for American single malt
whisky generally did so in response to the proposed criteria and stated
that the definition was too narrow, should allow grains other than
barley, or that the definition was not restrictive enough. These
comments are addressed in the discussion for each criterion below.
Discussion of Comments
Below, TTB summarizes and responds to the comments received
relating to the proposed criteria for American single malt whisky. TTB
notes that many commenters compared the criteria for American single
malt whisky to other whiskies frequently described as ``single malt,''
such as Scotch whisky or Irish whisky. While recognizing the well-
established reputation of such whiskies, TTB is also taking into
consideration how best to reflect input from commenters that identified
processes unique to the U.S. industry. In certain instances, TTB finds
reason not to merely adopt the criteria applied elsewhere, but to
recognize practices that may vary from those criteria, particularly
where adhering to longstanding U.S. practices that would have shaped
U.S. consumer expectations in identifying a U.S. product.
[[Page 102728]]
Mashed, Distilled, and Aged in the United States, and Distilled
Entirely at One U.S. Distillery
The proposed standard set forth in Notice No. 213 included a
criterion that the whisky must be mashed (which would include
fermentation of the mash), distilled, and aged in the United States,
and it must be distilled entirely at one U.S. distillery. No commenters
opposed requiring mashing, distillation, and aging to occur in the
United States. Commenters also broadly supported further requiring
distillation to occur at a single United States distillery but differed
as to whether mashing and (to a lesser extent) aging should also be
required to occur at a single distillery. While the 2017 petitions for
the American single malt whisky standard would have required mashing,
distilling, and aging to take place at a single U.S. distillery, the
standard proposed in Notice No. 213 reflected the later 2018 ASMWC
petition in allowing mashing and aging to take place at U.S. facilities
other than the place of distillation.
Distillation
All commenters discussing the requirement that distillation occur
at a single U.S. distillery supported such a requirement. In its
comment supporting the proposed criterion, the ASMWC stated that the
term ``single'' in ``single malt whisky'' has been understood globally
for generations to mean that the whisky was distilled at a single
distillery. Two associated online whisky enthusiast communities that
submitted a joint comment--the Whiskey Lodge and Reddit community ``/r/
AmericanSMW'' (Whiskey Lodge)--stated that the requirement to distill
at a single distillery was ``[g]reat'' and the ``[b]are minimum for
`single malt.''' The American Craft Spirits Association (ACSA)
explained, ``[o]ther than the distillation taking place at a single
distillery, the rest of the production process should take place in the
United States for the whiskey to be called American Single Malt
Whiskey.'' Similarly, the Distilled Spirits Counsel of the United
States (DISCUS), the Kentucky Distillers Association, the Irish Whisky
Association, the Japan Spirits and Liqueurs Makers Association, the
National Association of Beverage Importers (NABI), the Scotch Whisky
Association, SpiritsEUROPE, Sazerac, and Grand Teton Distillery all
expressed support for requiring distillation in a single U.S.
distillery.
Mashing and Fermentation
Thirteen commenters also supported a standard more restrictive than
the one proposed in Notice No. 213, requiring that mashing and
fermentation in addition to distillation take place at a single
distillery. These commenters included Sazerac, the Kentucky Distillers'
Association, DISCUS, the Scotch Whisky Association, the Irish Whisky
Association, spiritsEUROPE, the Japan Spirits & Liqueurs Makers
Association, and NABI. The Irish Whisky Association and Scotch Whisky
Association stated that not requiring mashing, fermentation, and
distillation to take place at the same distillery would be inconsistent
with international practice and would undermine and devalue the
``single malt whisky'' category. DISCUS contended that requiring the
mashing to take place at the same facility as the distillation would
align with consumer understanding and place American single malt whisky
on equal footing as other products in the global market, while allowing
mashing to occur elsewhere would lose the connection between the use of
the term ``single malt'' and its place of production. NABI added that
without a requirement for mashing and distillation to occur at a single
facility, ``a significant link is lost in the connection of the single
malt whiskies representing the single efforts and quality controls of
the same distillery.''
Some commenters expressed that malting and fermentation should not
be required to occur at the same single distillery required for
distillation. Copperworks Distilling Co. and the ASMWC noted that many
American whisky producers purchase their mash from domestic breweries,
and allowing American single malt whisky to be produced with mash made
at domestic facilities other than the distillery producing the final
product recognizes this practice. The ASMWC noted that, while United
Kingdom regulations require mashing and fermentation to happen at the
same facility, no such requirement applies in European Union
regulations nor in regulations of many other single malt whisky
producing regions.
Aging
Only a small number of commenters directly discussed location
requirements for aging. Those that did (ACSA, NABI, Sazerac, and
others) generally supported requiring aging to occur in the United
States, but no commenter specifically expressed the view that it should
also be required to take place at a single U.S. distillery. One
individual commenter suggested requiring disclosure on the label if the
whisky is distilled at one distillery but aged or bottled at a
different distillery.
Definition of Distillery
The American Distilled Spirits Alliance (ADSA) requested that TTB
clarify the definition of ``distillery'' in the context of distillation
occurring at ``one U.S. distillery,'' suggesting two possible
approaches. First, ADSA suggested the term could apply to the ``DSP''
which TTB understands to mean the distilled spirits plant under the IRC
and TTB regulations, reflected in the permit under those provisions.
ADSA stated that an alternative option may be to follow the criteria
for use of the term ``bottled-in-bond,'' which are set forth at 27 CFR
5.88 and require that a distilled spirit labeled as ``bottled-in-bond''
comply with certain standards, including that the spirits are distilled
by the same distiller and, relevant here, at the same distillery.
TTB Response
TTB agrees with the consensus view of the commenters that the
standard of identity should require that American Single Malt Whisky be
mashed, fermented, distilled, and aged in the United States and that
distillation take place at a single U.S. distillery. However, TTB is
not incorporating the additional restrictions requiring mashing and
fermentation to occur at a single distillery. TTB notes that these
additional restrictions were requested by some commenters and opposed
by others, and that such restrictions were not proposed in the 2018
ASMWC petition or in Notice No. 213.
As noted in the comments, TTB understands that it is common for
U.S. distillers to partner with breweries to produce their mash and
believes that the criterion should take into account and reflect the
processes that have evolved in the American context as they reflect the
expectations of American consumers and businesses for such domestic
products. Moreover, this practice allows for innovation in this
category by continuing partnerships with breweries. TTB believes this
decision will not devalue the single malt whisky category more broadly,
as some commenters suggest, because it is reasonable to expect that
consumers will continue to have different expectations for products
labeled as ``American single malt whisky'' compared with products
labeled as single malt whisky from different countries with different
standards.
[[Page 102729]]
Regarding the concept of a single distillery or references to the
``same distillery,'' TTB is amending the regulatory text to clarify
that this term will be administered similarly to the ``same
distillery'' requirement for the bottled-in-bond designation at 27 CFR
5.88(a)(2), which generally means the area identified as the location
of the bonded area on a distilled spirits plant's TTB permit or
registration.
TTB is not incorporating the requirement suggested by one commenter
that the label disclose where aging and bottling occur if different
than the distillery where distillation occurred. As noted above, no
commenters expressed a view that the American single malt whisky
standard of identity should require aging or bottling to take place at
the same distillery as distillation. Accordingly, TTB does not believe
the fact that aging or bottling occurs at a different distillery is
sufficiently critical to the consumer to require that it be disclosed
on the label. TTB notes that the information may be provided
voluntarily.
Distilled to a Proof of 160[deg] or Less
In Notice No. 210, the proposal included a criterion that, to meet
the standard of identity for American single malt whisky, the alcohol
content of the liquor must not exceed 160[deg] proof during
distillation consistent with petitions TTB had received. It is also
consistent with the current standards for many whisky type standards,
including ``malt whisky'' and ``whisky distilled from malt mash.''
Five commenters opposed a maximum 160[deg] distilling proof,
including Loon Liquors LLC, Brother Justus Whisky Co., and Little Round
Still. Loon Liquors LLC stated that consumer expectations have been
shaped by single malt whiskies distilled in Scotland and elsewhere,
which allow distillation at less than 190[deg] proof, and limiting
distillation proof to 160[deg] could confuse consumers. Further, the
commenter states that distilling at high proof (between 160[deg] and
190[deg] proof) provides for precision in creating their signature
flavor profiles, and limiting proof to no higher than 160[deg] proof
prevents American distillers from innovating and competing with
distilleries in other countries that do not have such a limitation.
Brother Justus Whisky Co. similarly pointed out that other
international single malt whisky standards allow distillation at up to
190[deg] proof and stated that a lower limit would stifle innovation
and market access by smaller producers. Little Round Still stated that
American single malt whisky should have the same distillation proof
limit as single malt whiskies elsewhere, that is, less than 190[deg]
proof.
However, the majority of commenters specifically discussing this
criterion supported it. For example, the ASMWC supports a distillation
proof not exceeding 160[deg] proof, stating that this is an important
provision designed to ensure the flavor and character of the grain
remains after distillation. The ASMWC points out that, while the Scotch
whisky regulations for single malt allow for distillation of up to
190[deg] proof, they also require the use of pot stills, which
according to ASMWC, are intended to ensure that more grain flavor is
retained in the final distillate. ASMWC asserts that the same result is
achieved by providing a lower maximum distillation strength of up to
160[deg] proof. The Scotch Whisky Association similarly expressed
support for the 160[deg] proof distillation limit for American single
malt whisky, stating it is consistent with single malt whiskies
produced elsewhere. Other commenters, such as the Whiskey Lodge
expressed support for a distillation proof not exceeding 160[deg]
noting that the limit was in line with other American whiskies.
TTB Response
With this final rule, TTB is incorporating a distillation proof of
160[deg] or less for American single malt whisky, consistent with the
proposal.
As the Whiskey Lodge suggested above, the proposed criterion is
consistent with the current standard for ``malt whisky'' under TTB
regulations, as well as most other types of whisky. As with other
criteria, one goal in setting forth a standard of identity for American
single malt whisky is to recognize the importance of existing standards
for single malt whiskies internationally while also reflecting unique
aspects distinctive to American production. Except for light whisky and
certain blended whiskies, all subcategories (i.e., types) of
domestically-produced whisky recognized in the standards of identity
have a maximum distillation proof of 160[deg]. See 27 CFR 5.143(c). As
noted by some commenters, this maximum has deep historical roots.
President Taft, in a presidential memorandum, noted the distinction
between whisky made from distilling a product at a proof of from
140[deg] to 160[deg] [proof] known as `high wines,' '' and that made
from what was then referred to as ``neutral spirits'' distilled at a
proof ``varying from 160[deg] to 188[deg].'' \2\ This delineation was
carried forward following the repeal of prohibition into some of the
earliest standards of identity for whisky published by TTB's
predecessor agency, the Federal Alcohol Control Administration, which
differentiated between ``neutral whisky . . . distilled at more than
160[deg] proof and less than 190[deg] proof'' and ``straight whisky . .
. distilled at not exceeding 160[deg] proof.'' \3\ This distinction has
persisted in regulations issued under the FAA Act since then. See 27
CFR 5.21(b) (1938 ed.). Maintaining this standard for American single
malt whisky therefore reflects the American style of production that
consumers and businesses have operated under since before prohibition.
---------------------------------------------------------------------------
\2\ William Howard Taft, Decision on the Meaning of the Term
``Whisky'' Under the Pure Food Act and the Proper Regulations for
Branding Various Kinds of Whisky Under the Internal Revenue Act,
(1909) (published online by Gerhard Peters and John T. Woolley, The
American Presidency Project https://www.presidency.ucsb.edu/node/367051).
\3\ United States, Federal Alcohol Control Administration,
Regulations relating to false advertising and misbranding of
distilled spirits, United States Govt. Printing Office (1935).
---------------------------------------------------------------------------
Additionally, international standards allowing for certain single
malt whiskies to be distilled up to 190[deg] proof exist within the
context of other standards. The ASMWC points out in its comment that,
while for example Scotch whisky standards allow for distillation up to
190[deg] proof, those standards also require the use of pot stills. TTB
also notes the ASMWC's assertion that the 160[deg] distillation proof
maximum accomplishes the same goal as the Scotch whisky pot still
requirement in retaining the grain flavor in the distillate, which may
be significant to consumers.
Distilled From a Fermented Mash of 100 Percent Malted Barley
In Notice No. 213, the proposal included a criterion that, to meet
the standard of identity for American single malt whisky, the product
must be produced from a fermented mash of only malted barley.
A majority of the commenters specifically addressing this issue
expressed support for this criterion. The ASMWC (which the mass
comments generally support) stated that the industry and consumers
understand that ``malt'' specified on its own refers to malted barley
exclusively, and that this meaning is consistent with longstanding TTB
regulations. The Scotch Whisky Association noted ``[t]he use of malted
barley only in ``Single Malt Whisky'' is tightly bound up in its
reputation as a whisky category globally.'' Canyon Diablo Distillery
explained, ``using less than 100% malted barley and mixing in
[[Page 102730]]
addition[al] different grains changes the character of the whisky and
should change its identity,'' and the American Distilled Spirits
Alliance added, ``[f]or [American single malt whisky] to maintain the
characteristics consumers expect with the term ``single malt,'' it must
be made from 100% malted barley.''
However, not all commenters agreed with the criterion as proposed
and suggested different alternatives. Some commenters expressed that
the term ``malt'' should not be limited to malted barley, but instead
reflect a broader view of the term since other grains, such as rye and
wheat, can also be malted. For example, Chattanooga Whiskey suggested
that only 51 percent malted barley be required in order to reflect a
broader understanding of the term malt and allow for innovation
explaining that, ``nearly every grain can now be malted, in our modern
era . . . [m]any [mistakenly] believe that malt is always barley, and
that barley is the only grain that contains the requisite enzymes.''
Similarly, Bainbridge Organic Distillers stated that this aspect of the
definition limited single malt whisky to the concept as it is
understood within the United Kingdom, and that prohibiting American
distillers from using the term ``single malt'' when distilling other
malted grains would limit innovation.
Other commenters suggested adopting additional standards of
identity that would specify the different grains. Canyon Diablo noted
on this point that, ``[w]hile other grains can be malted and used they
should have a different standard of identity and classification and be
labeled as such.'' Similarly, the ADSA commented that, ``While some
distillers will argue for the use of alternative grains as innovative
or uniquely American, the use of a commonly accepted term--single
malt--in naming of the product category requires preserving the base
characteristics, which the consumer has already come to expect.''
``Single malt'' they explained is ``an indicator of 100% malted
barley'' and ``an example of such a characteristic, because it forms
the base flavor profile for the product.'' They concluded that,
``[s]ome commenters may propose for the allowance of using rye or
wheat, and that's fine if they are also asking for the creation of an
additional category. . . .'' Sazerac suggested that allowances for the
use of other grains could be incorporated into the terms of the
proposed standard for American Single Malt Whisky, providing the
example of ``a single malt rye made with 100 percent rye.''
TTB Response
TTB agrees with the commenters that state that the term ``malt'' on
its own refers to malted barley exclusively. This meaning is well
established and reflects current regulations at 27 CFR 5.143(c)(2)
providing that ``malt whisky'' refers to whisky made from at least 51
percent ``malted barley,'' while whiskies made with 51 percent of other
malted grains must name the grain. Changing this approach would require
a more significant change beyond the scope of this rulemaking.
Moreover, TTB agrees with the ADSA and other similar comments that
allowing the use of other grains in addition to barley in ``American
single malt whisky'' may cause consumer confusion.
Although some commenters suggested that including other types of
grain would foster innovation, TTB notes that whisky producers would
still be able to innovate with other grains as long as the final
product is appropriately labeled. For example, rye malt whisky (with a
fermented mash of not less than 51 percent malted rye grain) would be
allowed, provided it met the other relevant requirements.
TTB would consider any future petitions from interested parties for
the creation of additional standards of identity for other products
made primarily or entirely from other malted grains, but TTB is not
finalizing any such standards in the context of this rulemaking without
an opportunity for public notice and comment to better understand
consumer expectations and industry practices surrounding such products.
Stored in Oak Barrels Not Exceeding a Capacity of 700 Liters
The proposed standard set forth in Notice No. 213 included a
criterion that American single malt whisky be stored in oak barrels no
larger than 700 liters during aging. Twenty commentors specifically
expressed support for the 700-liter limit. In explaining their support
for this criterion, commenters such as the Scotch Whisky Association,
ASMWC, and an individual commenter indicated that it is necessary for
the appropriate level of interaction between the whisky and wood of the
barrel, and that the limitation would ensure larger barrels that would
dilute the effect of the wood contact are not used.
Nine commenters did not support the 700-liter size limit, including
Sazerac, the Kentucky Distillers Association, and several individual
commenters. Commenters generally highlighted that this limit is not in
place for other types of whisky. One commenter, Brandy Library Lounge,
LLC, also stated any limit would be more appropriately expressed in
gallons for an American product. Also, one commenter stated a more
restrictive limit might be needed but did not specify such a limit.
Sazerac suggested a 60-gallon limit instead of a 700-liter limit,
stating that a 53-gallon barrel is the industry standard. Two other
commenters, an individual commenter and Canyon Diablo Distillery,
generally opposed barrels size limitations but similarly suggested
that, if such a limitation is imposed, a size closer to the industry
standard 53-gallon barrel would be more appropriate.
TTB Response
In this final rule, TTB is finalizing the proposed 700-liter size
limit on barrels used for storage of American single malt whisky during
aging. TTB is persuaded by the significant majority of commenters in
favor of this criterion, in particular by those who raised the point
that establishing a barrel size maximum would indicate characteristics
related to interaction between the product and the wood in connection
with any statements regarding aging. At the same time, TTB acknowledges
the concerns raised by certain commenters about establishing a standard
not required for or perhaps followed in the production of other whisky
types. By establishing a 700-liter size limit, TTB believes consumers
will have greater certainty of the degree to which the age of the
product represents interaction with the barrel, but producers will
still have flexibility to use most barrels typically used for the
production of American whiskies. TTB is not finalizing a more
restrictive standard, such as the 60-gallon limit suggested by one
commenter, because TTB believes it would prevent the use of some
barrels commonly used in American whisky production.
In response to commenters who asked for the criterion to be
expressed in gallons instead of liters, TTB will consider issuing
public guidance clarifying the gallon equivalent to the 700-liter
maximum included in the final rule.
The Use of Used, Uncharred New, or Charred New Oak Barrels
The proposed standard set forth in Notice No. 213 included a
criterion that allows producers to use oak barrels that are used,
uncharred new, or charred new for the storage of American single malt
whisky during aging. Twenty-two commenters specifically stated support
for allowing the use of used, uncharred new, or charred new oak
barrels. These commenters stated that this would allow for creativity,
innovation, and
[[Page 102731]]
variety in the finished products. Commenters also stated that allowing
used barrels would help address a potential low supply of new oak
barrels.
One commenter, Canyon Diablo Distillery, expressed the view that
the use of non-American wood barrels or used barrels that contained
non-American whisky would result in a non-American product. Two
commenters suggested allowing storage in non-oak wood casks.
Additionally, one commenter opposed the use of used barrels, suggesting
that American single malt whisky should be stored only in new oak
barrels to be consistent with the definition of malt whisky.
TTB Response
TTB is incorporating this criterion as proposed and will allow
American single malt whisky to be stored for aging in oak barrels that
are used, uncharred new, or charred new.
Currently, TTB regulations state that one criterion of all whisky
is storage in oak barrels. This criterion is already widely accepted in
the industry. Allowing storage in barrels made from wood other than oak
would be a significant departure from all other types of whisky and
could lead to consumer confusion about the characteristics of American
single malt whisky. Additionally, finalizing a type standard that
contradicts the class standard would have a broader impact than the
proposal TTB initially notified. As such, the finalized standard of
identity allows for storage only in oak barrels.
While some commenters opposed allowing used oak barrels for
storage, TTB believes that allowing American single malt whisky to be
stored in used oak barrels recognizes the realities of American whisky-
making. As cited by commenters who supported this criterion as
proposed, allowing used barrels will help alleviate the possible
shortage of oak barrels and is consistent with single malt whiskies
produced elsewhere. Moreover, different whisky types permit the use of
different types of oak barrels, for example, light whisky and corn
whisky can be aged in used or uncharred new oak barrels (27 CFR
5.143(c)(3) and (5)), while bourbon can only be aged in charred new oak
barrels (27 CFR 5.143(c)(2)). Allowing multiple barrel types is
consistent with those standards.
Finally, TTB believes that storage in a barrel that is not made of
American wood, or that previously contained non-American whisky, does
not make whisky produced in the United States ``non-American.'' Since
mashing, distilling, and aging all occur in the United States, the
product is an American product regardless of the source of the wood for
the barrel.
Bottled at Not Less Than 80[deg] Proof
The proposed standard set forth in Notice No. 213 included a
criterion requiring American single malt whisky to be bottled with an
alcohol by volume content of not less than 40 percent (or 80[deg]
proof). TTB did not specifically include this criterion as part of the
proposed American single malt whisky standard of identity in Sec.
5.143(c)(15), as it flows directly from the general definition of the
class ``whisky'' under current regulations. TTB received six comments
supporting this criterion and is merely noting for clarity that
American single malt whisky must be bottled at not less than 80[deg]
proof, consistent with the class requirements.
Use of Geographical Designations Other Than American
The proposal set forth in Notice No. 213 is unique among American
whiskies in that the geographical designation ``American'' is expressly
included in the type designation. This is different, for example, from
the type designation ``bourbon whisky'' that must be made in the United
States, but does not include the ``American'' reference in the type
designation. The petition that provided the basis for Notice No. 213,
and consequently the proposal in that notice, did not set forth a
standard of identity for ``single malt whisky'' but rather a standard
for a specific product to be identified as ``American single malt
whisky.'' As a result, commenters requested clarification of the rules
for including State and other geographic designations for such a
standard.
The ADSA asked that TTB clarify whether the regulations for
American single malt whisky would ``preclude the usage of the name of
the specific U.S. State or U.S. City of production in lieu of
`American,' '' further proposing that ``[s]o long as the product being
made complies with the Class and Type for [American single malt whisky]
it should be allowed to use a furthering descriptor.'' ADSA provides
the example of an industry member making a product in Montana that
would comply with the American single malt whisky standard of identity,
and asserts that they should be allowed to either include Montana as a
geographic descriptor or to replace the word ``American'' with
``Montana'' and use the term ``Montana single malt whisky'' because the
``clear implication'' is that the product is not only an American
single malt whisky but one from Montana. ADSA further states that at no
time should such a product be allowed to be labeled with the State or
similar descriptor without the term ``American,'' if it does not meet
the American single malt whisky criteria.
Whiskey Lodge similarly suggested that if a State or any
designation more specific than ``American'' appeared in the
designation, TTB allow the term ``American'' to not appear, for
example, ``Texas single malt [w]hiskey'' and ``Rocky Mountain single
malt whiskey.'' Relatedly, an individual commenter suggested that TTB
also add American single malt whisky standards of identity for
particular regions within the United States noting, ``A malt whiskey
from the Pacific Northwest is very different from a whiskey made in the
southern states and very different from a whiskey made in the
Midwest.''
TTB Response
The standard of identity TTB proposed in Notice No. 213 generally
incorporated the proposal it had received from ASMWC, and TTB stated in
that notice that, as proposed, the amendment to the regulations would
affect any COLA that uses the term ``American single malt whisky'' as a
designation, as products with those labels would be required to meet
any new standard of identity. The proposal did not contemplate applying
the standards more broadly to products labeled as ``single malt
whisky'' with other place names. Additionally, the ASMWC stated in its
comment that it was not aware of more than a handful of whiskies
bottled, labeled, and sold as ``American single malt whisky'' that
would not meet the requirements for the proposed American single malt
whisky standard of identity, and so conveyed its understanding that the
proposal was limited in scope to such products. Applying the criteria
of the standard of identity beyond use of the term ``American single
malt whisky'' would significantly expand the scope of what was
originally proposed, potentially affecting labels for any malt whisky
domestically produced and currently labeled with ``single malt
whisky,'' not just those labeled using the term ``American single malt
whisky.'' TTB would not be able to finalize such an expanded
application without considering the effect on all stakeholders and
providing additional notice and opportunity to comment. As a result,
TTB is finalizing the standard of identity with the scope that was
proposed, and only labels bearing the term ``American single malt
whisky'' would be held to the criteria for that standard. Products
produced in the United States that do not bear the full
[[Page 102732]]
term would not be required to meet the criteria for use of the term
``American single malt whisky.'' TTB would consider proposing such a
broader scope should it receive a petition to do so.
Comments on TTB's Request for Information
In addition to the above criteria for American single malt whisky,
TTB posed eight questions in Notice No. 213 that relate to the addition
of American single malt whisky as a type of whisky and its
implementation. The comment summary above includes responses to
comments regarding two of the eight questions, related to size
restrictions for barrels used to store American single malt whisky and
the use of used and new oak barrels in the production of American
single malt whisky. Below is a summary of the comments and TTB's
responses on the remaining six questions.
Use of Coloring, Flavoring or Blending Materials
TTB solicited feedback on whether to allow the use of coloring,
flavoring, or blending materials in the production of American single
malt whisky. The majority of commenters opposed their use, and thirty-
eight commenters noted that doing so could be misleading for consumers.
Many commenters were concerned that the use of additives would
undermine this category of spirits, which is currently considered
prestigious.
However, while many commenters expressed a general opposition to
the use of coloring, flavoring, or blending materials in American
single malt whisky, several of those in opposition made an exception
for the use of caramel color. For example, DISCUS generally opposed
allowing coloring, flavoring, or blending materials but expressed
openness to the use of caramel color if disclosed on the label.
Similarly, the ASMWC suggested prohibiting all coloring, flavoring, or
blending materials but recognized that the addition of caramel color is
``customarily employed'' in the production of American single malt
whisky and other single malt whiskies. The Irish Whisky Association and
Scotch Whisky Association both expressed support for the addition of
caramel coloring, consistent with the respective standards of their
country's single malt whiskies.
Overall, 18 commenters supported some allowance for coloring
materials, with the majority of those supporting only the use of
caramel coloring. In general, commenters who supported the use of
coloring materials also stated that there should be a requirement to
disclose the use of coloring materials on the label. Additionally, two
commenters stated they may possibly support coloring, flavoring, or
blending materials if they were more clearly defined. No commenters
specifically supported allowing the use of flavoring materials in
American single malt whisky.
TTB Response
In response to comments received, TTB is finalizing a standard of
identity for American single malt whisky that allows the use of caramel
coloring, provided that the use of such coloring material is disclosed
on the label. Allowing caramel coloring aligns American single malt
whisky with many other types of whisky, including other single malt
whiskies produced internationally. Prohibiting all other coloring,
flavoring, and blending materials would narrow the allowed additives as
supported by commenters. While TTB's current regulations at 27 CFR
5.72(c) generally do not require a statement of any type when caramel
coloring is used in the types of whiskies that allow such coloring
material (if used at not more than 2.5 percent by volume of the
finished product), TTB agrees with commenters that any added caramel
coloring should be disclosed on the label of American single malt
whisky to ensure transparency regarding the product's readily-
observable characteristics.
Use of the Designation ``Straight''
Notice No. 213 included a question on whether to allow the
designation ``straight'' to be used with American single malt whisky.
Under current regulations, the ``straight'' designation generally
refers to an aging requirement of at least two years, which is the
period of time the whisky has been stored in an oak barrel of the type
otherwise required for the underlying standard of identity. For
example, ``bourbon whisky'' may only be stored in charred new oak
barrels, and ``straight bourbon whisky'' must be stored in a charred
new oak barrel for a minimum of two years.\4\ See 27 CFR 5.143(c)(2)
and (5).
---------------------------------------------------------------------------
\4\ Similarly, ``corn whisky'' bearing an age statement must
have been stored in used or uncharred new oak barrels, and
``straight corn whisky'' must have been stored in used or uncharred
new oak barrels for a minimum of two years. See 27 CFR 5.143(c)(3)
and (6).
---------------------------------------------------------------------------
Ten commenters were in support of allowing the designation
``straight'' to be used with American single malt whisky, including
ACSA, ADSA, Whiskey Lodge, and several individual commenters and
distilleries. These commenters were in general agreement that the term
``straight'' should be allowed as long as the whisky has been aged for
at least two years.
Eight commenters opposed the use of the designation ``straight''
with American single malt whisky, including the National Association of
Beverage Importers, Scotch Whisky Association, Irish Whisky
Association, spiritsEUROPE, and several individual commenters and
distilleries. These commenters indicated that the term ``straight''
would cause confusion in the global marketplace because the term is
unique to American whisky. In general, these commenters suggested a
minimum age requirement or including the product's age on the label
instead of using the term ``straight.'' One commenter, New Riff
Distilling LLC, stated the term ``straight'' should only be allowed to
indicate the use of new charred oak barrels.
TTB Response
TTB will allow the use of the designation ``straight'' with
American single malt whisky as long as the two-year aging requirement
is met. Allowing for this designation would be consistent with other
product designations for whisky under TTB's regulations, where the
``straight'' whisky must be stored for two years in the type of barrel
associated with the underlying type of whisky. In other words, for
American single malt whisky to be designated as ``straight American
single malt whisky,'' the whisky must be stored for a minimum of two
years in used, uncharred new, or charred new oak barrels. While
commenters in opposition to the use of the term ``straight'' suggested
that the term is not well-understood in the global market because it is
only used on American whiskies, TTB agrees with an individual commenter
in support who suggests that ``straight'' is a term that is unique to
American whiskies, so it is therefore appropriate for use with American
single malt whisky as an additional distinguishing factor.
TTB is incorporating a new paragraph (c)(16) in table 1 of 27 CFR
5.143 to account for ``straight American single malt whisky'' as
described above. TTB is not incorporating any other minimum age
requirement(s) in the American single malt whisky standard of identity.
Commenters, including NABI, the Scotch Whisky Association, Sazerac,
Japan Spirits and Liqueurs Makers Associations, spiritsEUROPE, the
Irish Whisky Association, NIST on behalf of the UK, and the Kentucky
Distillers' Association, suggested that American
[[Page 102733]]
single malt whisky should have a minimum age requirement ranging from
two to four years. However, TTB believes this would unduly hinder
innovation and notes that no other types within the class ``whisky''
have a minimum age requirement (other than the age requirement
associated with the ``straight'' designator). Further, because TTB's
regulations generally require that whiskies aged less than four years
bear an age statement (see 27 CFR 5.74(b)), TTB believes there is
sufficient transparency within the class regarding age.
``Blended'' American Single Malt Whisky
TTB requested and received input on whether to allow for mixtures
of American single malt whisky to be labeled as ``blended American
single malt whisky,'' similar to how TTB regulations allow for blended
Scotch whisky and blended Canadian whisky to be labeled, respectively,
``blended Scotch whisky'' and ``blended Canadian whisky.'' Eight
commenters support the use of the term ``blended American single malt
whisky.'' These commenters, which include individuals and distilleries,
noted that producers and consumers desire products composed of whisky
from more than one distillery.
Thirteen commenters oppose use of the term ``blended American
single malt whisky'', asserting use of the term ``blended'' may cause
consumer confusion because the term ``blended'' is typically not
associated with the term ``single.'' These commenters included ACSA,
DISCUS, Kentucky Distillers Association, Scotch Whisky Association,
Irish Whisky Association, spiritsEUROPE, Japan Spirits and Liqueurs
Makers Association, and individual commenters and distilleries. Some
commenters (for example, ACSA, DISCUS) suggested modifying the name of
this product category to replace the term ``single'' with ``blended,''
such as ``American Blended Malt Whisky.''
TTB Response
TTB's finalized regulations for the American single malt whisky
standard of identity do not allow blends of whiskies from multiple
distilleries that would otherwise meet the American single malt whisky
criteria to be labeled ``blended American single malt whisky.'' TTB
agrees with the commenters in opposition that blending whiskies from
multiple distilleries is fundamentally contradictory to the meaning of
``single'' in the American single malt whisky standard of identity,
even if the ``blended'' modifier is included. As such, producers
blending whiskies from different distilleries may not classify them as
American single malt whisky. With respect to commenters' suggestion to
modify the name of the standard of identity to ``American Blended Malt
Whisky'' for blends, TTB notes that a blend of whiskies produced in the
United States and meeting the current standard of identity for ``malt
whisky'' could already be labeled ``American Blended Malt Whisky.''
Impact on Trademark Owners and Producers of Malt Whisky
In Notice No. 213, TTB sought comments on the impact that adding a
standard of identity for American single malt whisky may have on owners
of U.S. trademarks and current producers of malt whisky. In general,
commenters who support establishing this standard of identity stated
that the definition of American single malt whisky in the standard of
identity would be beneficial to producers and trademark owners, as it
would lend credibility to their operations, bring potential for
increased recognition globally, and foster innovation. They assert that
it would help ensure a level playing field for producers of American
single malt whisky and maintain the premium reputation of the category.
Additionally, the ASMWC stated they are not aware of more than a
handful of whiskies bottled, labeled, and sold as ``American single
malt whisky'' that would not meet the requirements for the proposed
American single malt whisky standard of identity.
One commenter suggested that current producers who may face an
economic hardship due to the new standard of identity should be able to
continue to use their current products or processes. Another commenter
asserted that its labels and trademarks would be negatively impacted by
the rulemaking unless the standard of identity is modified to allow
distillation at up to 190[deg] proof. The commenter further stated
that, along with adversely impacting their business, requiring American
single malt whisky distillers to limit their distillation proof to
160[deg] or less would inhibit market access and create a competitive
disadvantage for American single malt whisky distillers vis-[agrave]-
vis those producing outside of the United States, would be anti-
competitive, and would exclude innovative whiskies.
TTB Response
As illustrated above, most commenters emphasized how establishing a
standard of identity for American single malt whisky would benefit U.S.
producers. However, as also noted above, one commenter specifically
stated that they, and the industry, would be negatively affected by the
proposed standard of identity. Given that the current standard for
production proof of malt whisky is consistent with the production proof
of the standard of identity proposed for American single malt whisky,
TTB is not aware of any widespread expectation in the industry that
products meeting only the class standard of identity ``whisky,'' along
with the other proposed criteria, would or should qualify for an
American single malt whisky standard of identity. As discussed in the
explanation of the maximum distillation proof criterion, the standards
of identity for malt whisky and most other American whisky types within
the general class (all except for light whisky and certain blended
whiskies) allow distillation only up to a maximum of 160[deg] proof.
In the event that there are current producers with approved labels
that designate a product as ``American single malt whisky,'' producers
may continue to use those labels but only on products that comply with
the new requirements of TTB's regulations in 27 CFR part 5, subject to
the transition period discussed below in this document. Producers of
products that do not comply with the new standard of identity could
continue to produce such products but would need to obtain approval of
new labels indicating the applicable class and/or type.
Use-Up of Previously Approved Labels
Commenters also provided feedback on whether, after establishment
of the ``American single malt whisky'' standard of identity, TTB should
allow producers to use up previously approved labels that do not comply
with this standard, and for how long TTB should allow the use of these
previously-approved labels before such labels would be revoked by
operation of regulation. Commenters provided a wide range of answers,
stating that after the establishment of the American single malt whisky
standard of identity, producers should be afforded anywhere from 60
days to 20 years to use up previously approved labels that do not
comply with this standard. One commenter recommended that TTB allow
producers to revise their current label instead of requiring the
application for a new one. Additionally, another commenter implied that
if obtaining a new label would pose an economic hardship, that TTB
allow the continued use of already approved
[[Page 102734]]
labels on products not meeting the criteria.
TTB Response
TTB is providing a five-year transition period, as discussed below
in this document. This amount of time should allow any affected
industry members to make label changes in conjunction with any routine
label updates or change their processes to ensure their product
conforms to the new standard of identity described in this rule.
Competition in the Alcohol Beverage Market
Finally, commenters provided feedback on how the addition of a
standard of identity for American single malt whisky would affect
competition in the alcohol beverage market (see ``Effect on Currently-
Approved Labels''). Commenters generally provided feedback that the
addition of this standard of identity would increase the
competitiveness of American distillers and level the playing field
among producers of American single malt whisky. As noted above, one
commenter asserted that a standard that requires a distillation proof
of 160[deg] is anti-competitive.
TTB Response
TTB notes positively the feedback from commenters that the addition
of this standard of identity would increase the competitiveness of
American distillers and level the playing field among producers of
American single malt whisky. TTB addresses these comments as well as
the comment on the maximum distillation proof of 160[deg] further below
in the sections ``Effect on Currently-Approved Labels'' and ``Impact on
Trademark Owners and Producers of Malt Whisky.''
TTB Determination
After careful consideration of the petitions received in response
to this issue in Notice No. 176 and the comments received in response
to Notice No. 213, TTB is finalizing a standard of identity for
``American single malt whisky,'' with two changes from the standard
proposed in Notice No. 213. As originally proposed, TTB is defining
American single malt whisky as a type of whisky that is mashed,
distilled, and aged in the United States; is distilled entirely at one
U.S. distillery; is distilled to a proof of 160 or less; is distilled
from a fermented mash of 100 percent malted barley; is stored in oak
barrels (used, uncharred new, or charred new) with a maximum capacity
of 700 liters; and is bottled at not less than 80[deg] proof.
In the first change from the proposal in Notice No. 213, TTB is
providing for the use of the designation ``straight'' with American
single malt whisky that is aged for two years. The second change allows
for the use of caramel coloring as long as it is disclosed on the
label.
This new standard of identity will be added to 27 CFR 5.143. TTB is
also revising certain other sections in part 5 to include cross
references to American single malt whisky.
Effect on Currently-Approved Labels
TTB will allow a five-year transition period, as this amount of
time should allow any affected industry members to make label changes
in conjunction with any routine label updates, to use up existing
labels, or to change their processes to ensure their product conforms
to the new standard of identity. A label with the designation
``American single malt whisky'' may be used for whisky that does not
meet the new standard of identity if it is bottled within five years
from the effective date of this final rule, provided that such label
was approved before the effective date of this final rule and the
whisky conforms to the standards set forth in 27 CFR 5.143 in effect
prior to this final rule. All products bottled after this five-year
transition period bearing an ``American single malt whisky''
designation must meet the standards for such designation. TTB may act
to revoke COLAs covering non-compliant products and/or take other
enforcement action against bottlers using such COLAs.
Regulatory Analysis and Notices
Regulatory Flexibility Act
Pursuant to the requirements of the Regulatory Flexibility Act (5
U.S.C. chapter 6), TTB certifies that this final rule will not have a
significant economic impact on a substantial number of small entities.
The final rule amends the standards of identity for whisky in TTB's
regulations at 27 CFR 5.143(c) and makes conforming edits in other
sections of part 5. It does not impose or otherwise cause any new
reporting, recordkeeping, or other administrative requirements. TTB
does not believe this rulemaking will affect a significant number of
existing labels for distilled spirits products but is providing a five-
year transition period to mitigate the effects on any affected industry
member. (TTB specifically solicited comments on potential impacts on
current producers and received only one comment from a producer
indicating that their label(s) would be affected by the proposed
regulations.) Therefore, no regulatory flexibility analysis is
required.
Paperwork Reduction Act
The collection of information in this rule has been previously
approved by the Office of Management and Budget (OMB) under the title
``Labeling and Advertising Requirements Under the Federal Alcohol
Administration Act,'' and assigned control number 1513-0087. This
regulation would not result in a substantive or material change in the
previously approved collection action, since the nature of the
mandatory information that must appear on labels affixed to the
container remains unchanged. An agency may not conduct or sponsor and a
person is not required to respond to a collection of information unless
it displays a valid control number.
Executive Order 12866
This final rule is not a significant regulatory action as defined
in Executive Order 12866, as amended. Therefore, a regulatory
assessment is not required.
List of Subjects in 27 CFR Part 5
Advertising, Alcohol and alcoholic beverages, Consumer protection,
Labeling, Liquors, Packaging and containers, and Reporting and
recordkeeping requirements.
Amendments to the Regulations
For the reasons discussed in the preamble, TTB amends 27 CFR part 5
as follows:
PART 5--LABELING AND ADVERTISING OF DISTILLED SPIRITS
0
1. The authority citation for part 5 continues to read as follows:
Authority: 26 U.S.C. 5301, 7805, 27 U.S.C. 205 and 207.
Subpart A--General Provisions
0
2. Amend Sec. 5.1 by revising the term ``Age'' to read as follows:
Sec. 5.1 Definitions.
* * * * *
Age. The length of time during which, after distillation and before
bottling, the distilled spirits have been stored in oak barrels.
``Age'' for bourbon whisky, rye whisky, wheat whisky, malt whisky, or
rye malt whisky, and straight whiskies other than straight corn whisky
and straight American single malt whisky, means the period the whisky
has been stored in charred new oak barrels.
* * * * *
[[Page 102735]]
Subpart E--Mandatory Label Information
0
3. Amend Sec. 5.66 by revising paragraphs (f)(1) introductory text and
(f)(1)(i) to read as follows:
Sec. 5.66 Name and address for domestically bottled distilled spirits
that were wholly made in the United States.
* * * * *
(f) * * *
(1) The State of distillation, which is the State in which original
distillation takes place, must appear on the label of any type of
whisky defined in Sec. 5.143(c)(2) through (7), (15), and (16), which
is distilled in the United States. The State of distillation may appear
on any label and must be shown in at least one of the following ways:
(i) By including a ``distilled by'' (or ``distilled and bottled
by'' or any other phrase including the word ``distilled'') statement as
part of the mandatory name and address statement, followed by a single
location;
* * * * *
0
4. Amend Sec. 5.72 by adding a sentence at the end of paragraph (c) to
read as follows:
Sec. 5.72 Coloring materials.
* * * * *
(c) * * * Provided, if any amount of caramel color is used in
American single malt whisky, or in straight American single malt
whisky, a statement specifying the use of caramel color must appear on
the label.
* * * * *
0
5. Amend Sec. 5.74 by revising paragraphs (a)(1) and (b)(4) to read as
follows:
Sec. 5.74 Statements of age, storage, and percentage.
(a) * * *
(1) As defined in Sec. 5.1, age is the length of time during
which, after distillation and before bottling, the distilled spirits
have been stored in oak barrels. For bourbon whisky, rye whisky, wheat
whisky, malt whisky, or rye malt whisky, and straight whiskies other
than straight corn whisky and straight American single malt whisky,
aging must occur in charred new oak barrels.
* * * * *
(b) * * *
(4) In the case of whisky made in the United States and stored in
reused oak barrels, other than corn whisky, light whisky, American
single malt whisky, and straight American single malt whisky, in lieu
of the words ``__ years old'' specified in paragraphs (b)(1) and (2) of
this section, the period of storage in the reused oak barrels must
appear on the label as follows: ``stored __ years in reused
cooperage.''
* * * * *
Subpart I--Standards of Identity for Distilled Spirits
0
6. Amend Sec. 5.143 by:
0
a. Redesignating paragraphs (c)(16) through (18) in table 2 as
paragraphs (c)(17) through (19);
0
b. Adding paragraphs (c)(15) and (16) to table 1; and
0
c. Adding paragraph (d).
The additions read as follows:
Sec. 5.143 Whisky.
* * * * *
(c) * * *
Table 1 to Paragraph (c)--Types of Whisky and Production, Storage, and Processing Standards
----------------------------------------------------------------------------------------------------------------
Allowable
coloring,
Distillation Neutral flavoring,
Type Source proof Storage spirits blending
permitted materials
permitted
----------------------------------------------------------------------------------------------------------------
* * * * * * *
(15) American single malt Fermented mash 160 or less, Used, charred No........... No, except for
whisky. of 100 percent distilled at new, or caramel
malted barley, the same uncharred new coloring and
produced in distillery in oak barrels; only if
the United the United 700-liter disclosed on
States. States. maximum the label.
capacity;
stored only in
the United
States.
(16) Straight American single Fermented mash 160 or less, Used, charred No........... No, except for
malt whisky. of 100 percent distilled at new, or caramel
malted barley, the same uncharred new coloring and
produced in distillery in oak barrels only if
the United the United for a minimum disclosed on
States. States. of 2 years; the label.
700-liter
maximum
capacity;
stored only in
the United
States.
----------------------------------------------------------------------------------------------------------------
* * * * *
(d) Transition period. A label with the designation ``American
single malt whisky'' or ``straight American single malt whisky'' may be
used on distilled spirits bottled before January 19, 2030, if the
distilled spirits conform to the applicable standards set forth in this
part in effect prior to January 19, 2025.
Signed: December 12, 2024.
Mary G. Ryan,
Administrator.
Approved: December 12, 2024.
Aviva R. Aron-Dine,
Deputy Assistant Secretary for Tax Policy.
[FR Doc. 2024-29938 Filed 12-13-24; 4:15 pm]
BILLING CODE 4810-31-P