Whisky Magazine – August 2019

Insight

8 Whisky Magazine | Issue 161

Changing the law

A rule amendment brings clarity to the cask maturation debate

The amendment has been brought in to answer enquiries about what casks can be used

The rules governing the legal description of

Scotch whisky have been amended, in order to

give distillers clarity on the types of oak casks

that can and cannot be used to mature Scotch

whisky. The change was delivered in response

–‘Ǯƒ‰”‘™‹‰—„‡”‘ˆ‡“—‹”‹‡•ƒ•–‘–Š‡–›’‡

of oak casks that can be used.’

Following a public consultation by the Depart-

ment for the Environment, Food, and Rural

Affairs (DEFRA), the amendment was made to

–Š‡–‡…Š‹…ƒŽβ‹Ž‡‰‘˜‡”‹‰–Š‡

‡‘‰”ƒ’Š‹…ƒŽ

Indication (GI) for Scotch whisky held by the

European Commission and, according to the

Scotch Whisky Association (SWA), ‘is now law.’

ƒ”‡ ‡––•ǡ …Š‹‡ˆ ‡š‡…—–‹˜‡ ‘ˆ –Š‡ ǡ

said: “This amendment provides clarity and

•‘‡ ƒ††‹–‹‘ƒŽ βŽ‡š‹„‹Ž‹–› ‘ –Š‡ ”ƒ‰‡ ‘ˆ

casks in which Scotch Whisky can be matured.

The change is consistent with Scotch whisky’s

heritage and traditions, and strengthens our

foundations into the future.”

Žƒƒ”ǡ†‹”‡…–‘”‘ˆŽ‡‰ƒŽƒˆˆƒ‹”•ƒ––Š‡ǡ

•ƒ‹†ǣDzŠ‡‰Ž‘„ƒŽ”‡’—–ƒ–‹‘ˆ‘”–Š‡“—ƒŽ‹–›ƒ†

origin of Scotch whisky has been built over

many decades, aided by strong legal protection.

Š‡Ž‡‰ƒŽ”‡“—‹”‡‡–•ƒ”‡˜‹–ƒŽ–‘’”‘–‡…–‹‰

–Š‡ ”‡’—–ƒ–‹‘ ƒ† “—ƒŽ‹–› ‘ˆ –Š‡ ™‘”Ž†ǯ•

premier spirit which millions around the world

know and love.”

The key changes relate to the use of casks that

have previously been used to mature ‘beer/ale

and/or spirits’ and the passage explicitly stip-

ulates that such casks are only permissible in

instances where cask maturation forms part of

the traditional production process of that drink.

Žƒƒ”…‘–‹—‡†ǣDz™‹†‡”ƒ‰‡‘ˆ™‹‡ǡ

beer and spirit casks have been used over the

years to mature Scotch whisky and clarity

about what is allowed under the law should be

provided in the Scotch Whisky Technical File.”

“The amendment is consistent with the

continued use of all those categories of casks

where there is evidence of longstanding tradi-

tional use in the industry. But it will also create

‘”‡ βŽ‡š‹„‹Ž‹–›ǡ ’ƒ”–‹…—Žƒ”Ž› ‹ –Š‡ ”ƒ‰‡ ‘ˆ

spirits casks which can be used, subject to a

number of safeguards which protect the reputa-

tion of Scotch whisky.”

The implication of these changes is that

distillers will now be able to utilise cask types

over and above those which are accepted to

have been traditionally used to mature Scotch

whisky. Many non-traditional oak cask types

will now be explicitly permissible – such as

those which previously held agave spirits such

ƒ•–‡“—‹Žƒ‘”‡œ…ƒŽǡ‘”ˆ”—‹–•’‹”‹–•—…Šƒ•

calvados. However, the change comes with some

additional caveats: namely, restrictions on the

use of casks which previously held drinks made

with or from stone fruits and those to which

βŽƒ˜‘—”‹‰‘”•™‡‡–‡‹‰Šƒ•„‡‡ƒ††‡†ƒˆ–‡”

distillation. Critically, the resulting spirit must,

regardless of the cask type used for maturation,

still adhere to the traditional colour, taste and

aroma of Scotch whisky ‘in order to meet the

purpose of GI protection of the reputation of

traditional product.’

Š‡ ‡› ’ƒ••ƒ‰‡ ‘ˆ –Š‡ ‡™ †‡β‹‹–‹‘ ‹•

reproduced in full below:

• The spirit must be matured in new oak casks
  and/or in oak casks which have only been
  —•‡†–‘ƒ–—”‡™‹‡ȋ•–‹ŽŽ‘”ˆ‘”–‹ϔ‹‡†Ȍƒ†Ȁ
  or beer/ale and/or spirits with the exception
  of:


• wine, beer/ale or spirits produced from, or
  made with, stone fruits;
  Ȃ„‡‡”ȀƒŽ‡–‘™Š‹…Šˆ”—‹–ǡϔŽƒ˜‘—”‹‰‘”•™‡‡–-
  ‡‹‰Šƒ•„‡‡ƒ††‡†ƒˆ–‡”ˆ‡”‡–ƒ–‹‘Ǣ
  Ȃ•’‹”‹–•–‘™Š‹…Šˆ”—‹–ǡϔŽƒ˜‘—”‹‰‘”•™‡‡–-
  ‡‹‰Šƒ•„‡‡ƒ††‡†ƒˆ–‡”†‹•–‹ŽŽƒ–‹‘


• and where such previous maturation is part
  of the traditional processes for those wines,
  beer/ales or spirits.

Regardless of the type of cask used, the

resulting product must have the traditional

colour, taste and aroma characteristics of Scotch

Š‹•›ǤŠ‡•‡”‡“—‹”‡‡–•ƒŽ•‘ƒ’’Ž›–‘ƒ›

⋐‹•Š‹‰ƒ•”‡ˆ‡””‡†–‘„‡Ž‘™Ǥƒ••—•–„‡

empty of their previous contents prior to being

β‹ŽŽ‡†™‹–Š…‘–…Š™Š‹•›‘”™‹–Š•’‹”‹–†‡•–‹‡†

to become Scotch whisky.

…‘–…Š”‹•‡”‹β‹…ƒ–‹‘…Š‡‡Ȃ–‡…Š‹…ƒŽ

‰—‹†ƒ…‡ ȋ…‘–…Š Š‹•› ˜‡”‹β‹…ƒ–‹‘Ȍ ˆ”‘

June 2019.