"blended rye malt whiskey" (rye malt whiskey-a blend) is blended whiskey which contains not less than 51 percent by volume of straight rye whiskey, straight bourbon whiskey, straight corn whiskey, straight wheat whiskey, straight malt whiskey, or straight rye malt whiskey, respectively. (9) "A blend of straight whiskeys" (blended straight whiskeys) "A blend of straight rye whiskeys" (blended straight rye whiskeys), "A blend of straight bourbon whiskeys" (blended straight bourbon whiskeys), "A blend of straight corn whiskeys" (blended straight corn whiskeys), "A blend of straight wheat whiskeys" (blended straight wheat whiskeys), "A blend of straight malt whiskeys" (blended straight malt whiskeys), and "A blend of straight rye malt whiskeys" (blended straight rye malt whiskeys) are mixtures of only straight whiskeys, straight rye whiskeys, straight bourbon whiskeys, straight corn whiskeys, straight wheat whiskeys, straight malt whiskeys, or straight rye malt whiskeys, respectively. (10) "Spirit whiskey" is a mixture (i) of neutral spirits and not less than 5 percent, by volume of whiskey, or (ii) of neutral spirits and less than 20 percent by volume of straight whiskey, but not less than 5 percent by volume of straight whiskey, or of straight whiskey and whiskey, if the resulting product at the time of bottling be not less than 80° proof. (11) "Scotch whiskey" is a distinctive product of Scotland, manufactured in Scotland in compliance with the laws of Great Britain regulating the manufacture of Scotch whiskey for consumption in Great Britain, and containing no distilled spirits less than 3 years old: Provided, That if in fact such product as so manufactured is a mixture of distilled spirits, such mixture is "blended Scotch whiskey" (Scotch whiskey-a blend). "Scotch whiskey" shall not be designated as "straight." (12) "Irish whiskey" is a distinctive product of Ireland, manufactured either in the Irish Free State or in Northern Ireland, in compliance with the laws of those respective territories regulating the manufacture of Irish whiskey for consumption in such territories, and containing no distilled spirits less than 3 years old: Provided, That if in fact such product as so manufactured is a mixture of distilled spirits, such whiskey is "blended Irish whiskey" (Irish whiskey-a blend). "Irish whiskey" shall not be designated as "straight." (13) "Canadian whiskey" is a distinctive product of Canada, manufactured in Canada in compliance with the laws of the Dominion of Canada regulating the manufacture of whiskey for consumption in Canada, and containing no distilled spirits less than 2 years old: Provided, That if in fact such product as so manufactured is a mixture of distilled spirits, such whiskey is "blended Canadian whiskey" (Canadian whiskey-a blend). "Canadian whiskey" shall not be designated as "straight." (14) "Blended Scotch type whiskey" (Scotch type whiskey-a blend) is a mixture made outside Great Britain and composed of(i) Not less than 20 percent by volume of 100° proof malt whiskey or whiskeys distilled in pot stills at not more than 160° proof, from a fermented mash of malted barley dried over peat fire, Page 38 whether or not such proof is subsequently reduced prior to bottling to not less than 80° proof, and (ii) Not more than 80 percent by volume of neutral spirits, or whiskey distilled at more than 180° proof, whether or not such proof is subsequently reduced prior to bottling to not less than 80° proof. [As amended July 20, 1936, 1 F.R. 865] (15) "Blended Irish type whiskey" (Irish type whiskey-a blend) is a product made outside Great Britain or the Irish Free State and composed of (1) A mixture of distilled spirits distilled in pot stills at not more than 171° proof, from a fermented mash of small cereal grains of which not less than 50 percent is dried malted barley, and unmalted barley, wheat, oats, or rye grains, whether or not such proof is subsequently reduced prior to bottling to not less than 80° proof; or (ii) A mixture consisting of not less than 20 percent by volume of 100° proof malt whiskey or whiskeys distilled in pot stills at approximately 171° proof, from a fermented mash of dried malted barley, whether or not such proof is subsequently reduced prior to bottling to not less than 80° proof; and (iii) Not more than 80 percent by volume of neutral spirits, or whiskey distilled at more than 180° proof, whether or not such proof is subsequently reduced prior to bottling to not less than 80° proof. [As amended July 20, 1936, 1 F.R. 865] (c) Class 3. Gins. (1) "Distilled gin" is a distillate obtained by original distillation from mash, or by the redistillation of distilled spirits, over or with juniper berries and other aromatics customarily used in the production of gin, and deriving its main characteristic flavor from juniper berries and reduced at time of bottling to not less than 80° proof; and includes mixtures solely of such distillates. [As amended July 8, 1936, 1 F.R. 757] (2) "Compound gin" is the product obtained by mixing neutral spirits with distilled gin or gin essence or other flavoring materials customarily used in the production of gin, and deriving its main characteristic flavor from juniper berries and reduced at time of bottling to not less than 80° proof; and includes mixtures of such products. (3) "Dry gin", "London dry gin", "Hollands gin", "Geneva gin", "Old Tom gin", "Tom gin", and "Buchu gin" are the types of gin known under such designations, and shall be further designated as "distilled" or "compound", as the case may be. (d) Class 4. Brandies. (1) "Brandy" is a distillate, or a mixture of distillates, obtained solely from the fermented juíce or mash of fruit (i) distilled at less than 190° proof in such manner that the distillate possesses the taste, aroma, and characteristics generally attributed to brandy; and (ii) bottled at not less than 80° proof; and shall also include such distillates, aged for a period of not less than 50 years, and bottled at not less than 72° proof, in cases where the reduction in proof below 80° is due solely to losses resulting from natural causes during the period of aging. [As amended July 8, 1936, 1 F.R. 757] Page 39 (2) "Brandy," without appropriate qualifying words, or "grape brandy," is the distillate obtained from grape wine or wines under the conditions set forth in paragraph (d) (1), and includes mixtures solely of such distillates. (3) "Apple brandy" (apple jack), "peach brandy", "cherry brandy", "apricot brandy", "orange brandy", "raisin brandy", and other fruit brandies are distillates obtained from the fermented juice or mash of the respective fresh or dried or otherwise treated fruits under the conditions set forth in paragraph (d) (1) and includes mixtures composed wholly of one kind of such distillates. The designation shall contain the name of the fruit used, and if other than whole fresh fruit is used, the word "dried" or such other term as may be appropriate. Brandy derived from raisins shall be designated as "raisin brandy." (4) "Cognac" or "Cognac brandy," is grape brandy distilled in the Cognac Region of France, which is entitled to be designated as "Cognac" by the laws and regulations of the French Government; and includes mixtures of such brandy. (e) Class 5. Rum. (1) "Rum" is any alcoholic distillate from the fermented juice of sugarcane, sugarcane sirup, sugarcane molasses, or other sugarcane byproducts distilled at less than 190° proof (whether or not such proof is further reduced prior to bottling to not less than 80° proof) in such manner that the distillate possesses the taste, aroma, and characteristics generally attributed to rum; and includes mixtures solely of such distillates. (2) "New England rum" is rum as above defined, except that it is produced in the United States, is distilled at less than 160° proof, and is a straight rum and not a mixture of rums. (3) Puerto Rico, Cuba, Demerara, Barbados, St. Croix, St. Thomas, Virgin Islands, Jamaica, Martinique, Trinidad, Haiti, and San Domingo rum are not distinctive types of rum. Such names are not generic but retain their geographic significance. They may not be applied to rum produced in any other place than the particular region indicated in the name, and may not be used as a designation of a product as rum, unless such product is rum as defined in paragraph (e) (1). (f) Class 6. Cordials and liqueurs. (1) Cordials and liqueurs are products obtained by mixing or redistilling neutral spirits, brandy, gin, or other distilled spirits with or over fruits, flowers, plants, or pure juices therefrom, or other natural flavoring materials, or with extracts derived from infusions, percolations, or maceration of such materials, and to which sugar or dextrose or both have been added in an amount not less than 22 percent by weight of the finished product. Synthetic or imitation flavoring materials shall not be included. (2) "Sloe gin" is a cordial or liqueur with the main characteristic flavoring derived from sloe berries. (3) Cordials and liqueurs shall not be designated as "distilled" or "compound." Page 40 (4) The designation of a cordial or liqueur may include the word "dry" if the added sugar and dextrose are less than 10 percent by weight of the finished product. (g) Class 7. Imitations-(1) General. Imitations include distilled spirits of any class or type, containing added rye or bourbon essence or similar whiskey flavoring material, or colored or flavored in such a manner as to simulate any other class or type of distilled spirits, and shall be designated by the name of such other class or type of distilled spirits immediately preceded by the word "imitation." Subparagraph (2), (3), and (4) of this paragraph specify imitations in addition to the foregoing. (2) Imitation brandy. (i) Neutral spirits or other distilled spirits which have added thereto or which contain synthetic or imitation brandy flavoring materials, (ii) brandy which has added thereto neutral spirits or other distilled spirits than brandy, and (iii) a distillate obtained from a fermented mash of fruit and sugar or dextrose are "imitation brandy", and shall be so designated. (3) Imitation rum. (i) Neutral spirits or other distilled spirits which have added thereto or which contain synthetic or imitation rum flavoring materials, and (ii) rum which has added thereto neutral spirits or other distilled spirits than rum are "imitation rum", and shall be so designated. (4) Imitation cordials and liqueurs. Neutral spirits, brandy, gin, or other distilled spirits which have added thereto or which contain synthetic or imitation fruit, flower, plant or other imitations of natural flavoring materials shall not include in the designation thereof the name of such fruit, flower, plant, or other natural flavoring material, unless immediately preceded by the word "imitation." (5) Harmless coloring or flavoring materials. Notwithstanding the foregoing subsections of this class, the addition of harmless coloring or flavoring materials, such as burnt sugar and blending materials (including straight malt whiskey, or straight rye malt whiskey), in a total amount not in excess of 22 percent of the distilled spirits by volume, shall not, except in the case of straight whiskey, alter the class or type of any distilled spirits, provided such coloring and flavoring materials do not have the effect of imitating any class or type of distilled spirits. Whether or not distilled spirits containing such materials in excess of such total amount are imitations shall be governed by the provisions of (1) of this paragraph. (h) Class 8. Geographical designations. (1) Geographical names for distinctive types of distilled spirits (other than names found by the Administrator under (2) of this paragraph to have become generic) shall not be applied to distilled spirits produced in any other place than the particular region indicated by the name, unless (i) in direct conjunction with the name there appears the word "type" or the word "American" or some other adjective indicating the true place of production, in lettering substantially as conspicuous as such name, and (ii) the distilled spirits to which the name is applied conform to the distilled spirits of that particular region. The following are examples of distinctive types of distilled spirits with geographical names that have not become generic: Eau Page 41 de Vie de Dantzig (Danziger Goldwasser), Ojen, Swedish punch, blended Scotch whiskey, blended Irish whiskey, blended Canadian whiskey. Geographical names for distinctive types of distilled spirits shall be used to designate only distilled spirits conforming to the standard of identity, if any, for such type specified in §§ 5.20-5.21, or if no such standard is so specified, then in accordance with the trade understanding of that distinctive type. Such geographical names for distinctive types of distilled spirits shall not be used as the name or a part of the name for distilled spirits not of that distinctive type. (2) Only such geographical names for distilled spirits as the Administrator finds have by usage and common knowledge lost their geographical significance to such extent that they have become generic, shall be deemed to have become generic. The following are examples of distinctive types of distilled spirits with geographical names that have become generic: London dry gin, Geneva gin, Hollands gin, Tequila. (3) Geographical names that are not names for distinctive types of distilled spirits, and that have not become generic, shall not be applied to distilled spirits produced in any other place than the partícular place or region indicated in the name. The following are examples of geographical names for distilled spirits that are not generic and are not names for distinctive types of distilled spirits: Cognac, Armagnac, Greek brandy, Pisco brandy, Jamaica rum, Kentucky straight bourbon whiskey, Maryland straight rye whiskey. (i) Class 9. Products without geographical designations but distinctive of a particular place. (1) The whiskeys of the types specified in § 5.21 (b) (1)–(10) are distinctive products of the United States, and if produced in a foreign country, shall be designated by the applicable designation prescribed in such paragraph, together with the words "American type" or the words "produced (distilled, blended) in the blank to be filled in with the name of the foreign country. (2) The name for other distilled spirits which are distinctive products of a particular place or country shall not be given to the product of any other place or country unless the designation for such product includes the word "type" or an adjective such as "American" or the like, clearly indicating the true place of production. This paragraph shall not apply to designations which by usage and common knowledge have lost their geographical significance to such an extent that they have become generic, provided the approval of the Administrator is obtained prior to using such designation. An example of a product which is a distinctive product of a particular place or country and which has not become generic is the following: Habanero. Examples of products which have lost their geographical significance to such an extent that they are no longer distinctive products of a particular place or country, but have become generic, Page 42 |