The Scotch Whisky Regulations 2009 (SWR)

The Scotch Whisky Regulations 2009 (SWR) came into force on 23 November 2009*. They replaced the Scotch Whisky Act 1988 and the Scotch Whisky Order 1990.

Whereas the previous legislation had only governed the way in which Scotch Whisky must be produced, the SWR also set out rules on how Scotch Whiskies must be labelled, packaged and advertised, as well as requiring Single Malt Scotch Whisky to be bottled in Scotland from 2012.

The Basic Information:

The Scotch Whisky Regulations 2009 define Scotch Whisky in UK law. Under the legislation, Scotch Whisky means whisky:

(a) which has been produced at a distillery in Scotland from water and malted barley (to which only whole grains of other cereals may be added) all of which have been:

1. processed at that distillery into a mash; 
2. converted at that distillery to a fermentable substrate only by endogenous enzyme systems; and  
3. fermented at that distillery only by the addition of yeast; 

(b) which has been distilled at an alcoholic strength by volume of less than 94.8% so that the distillate has an aroma and taste derived from the raw materials used in, and the method of, its production;

(c) which has been wholly matured in an excise warehouse in Scotland in oak casks of a capacity not exceeding 700 litres, the period of that maturation being not less than three years;

(d) which retains the colour, aroma and taste derived from the raw materials used in, and the method of, its production and maturation, and to which no substance other than water and plain caramel colouring may be added.

Update on Thu, December 10, 2009 by Darren

Restrictions:

9.—(1) The name of a distillery mentioned in Schedule 1 must not be used as a brand name, or as part of a brand name of a Scotch Whisky, or be used in a similar fashion in terms of its positioning or prominence, unless the whisky has been wholly distilled at that distillery. 

Aberfeldy	Glenmorangie
Aberlour	Glen Moray (also known as Glen Moray-Glenlivet)
Abhainn Dearg (also known as Red River)	Glen Ord
Ailsa Bay	Glenrothes
Allt a’ Bhainne	Glen Scotia
Ardbeg	Glen Spey
Ardmore	Glentauchers
Auchentoshan	Glenturret
Auchroisk	Highland Park
Aultmore	Inchgower
Balblair	Invergordon
Balmenach	Isle of Arran
Balvenie	Isle of Jura
Ben Nevis	Kilchoman
Benriach	Kilkerran
Benrinnes	Kininvie
Benromach	Knockando
Bladnoch	Knockdhu
Blair Athol	Lagavulin
Bowmore	Laphroaig
Braeval	Linkwood
Bruichladdich	Loch Ewe
Bunnahabhain	Loch Lomond
Cameronbridge	Longmorn
Caol Ila	Macallan
Caperdonich	Macduff
Cardhu	Mannochmore
Clynelish	Miltonduff
Cragganmore	Mortlach
Craigellachie	North British
Daftmill	Oban
Dailuaine	Port Dundas
Dalmore	Pulteney
Dalwhinnie	Roseisle (update)
Deanston	Royal Brackla
Dufftown (also known as Dufftown-Glenlivet)	Royal Lochnagar
Edradour	Scapa
Fettercairn	Speyburn
Girvan	Speyside
Glenallachie	Springbank
Glenburgie	Strathclyde
Glencadam	Strathisla
Glendronach	Strathmill
Glendullan	Talisker
Glen Elgin	Tamdhu
Glenfarclas	Tamnavulin
Glenfiddich	Teaninich
Glen Garioch	The Glenlivet
Glenglassaugh	Tobermory
Glengoyne	Tomatin
Glen Grant	Tomintoul
Glen Keith	Tormore
Glenkinchie	Tullibardine
Glenlossie

Scotch Whisky Act 1988

*Now updated to the 2009 Scotch Whisky Act.* (update! Nov. 2009)

An Act to make provision as to the definition of Scotch whisky and as to the production and sale of whisky; and for connected purposes.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

1. Prohibition of production in Scotland of whisky other than Scotch whisky. 

(1) It shall be unlawful—

(a) to produce in Scotland; or

(b) to keep in Scotland for the purpose of maturation; or

(c) to keep or use in Scotland for the purpose of blending, a distillate of spirits produced as described in the definition of whisky contained in section 3(1) of this Act unless it is or, as the case may be, has been produced as described in any definition of Scotch whisky contained in an order under that section.

(2) If the court is satisfied, on the application of—

(a) any person carrying on the business of producing Scotch whisky; or

(b) any person or body appearing to the court to be representative of any group of such persons, that any person has contravened or is contravening the provisions of subsection (1) above, the court may grant an interdict prohibiting such contravention.

(3) Where there is or has been any contravention of subsection (1) above, the spirits in question shall be liable to forfeiture.

(4) Sections 139, 141, 161, and 163 of, and Schedule 3 to, the M1 Customs and Excise Management Act 1979 (which relate, among other things, to spirits liable to forfeiture) shall apply as if any reference to forfeiture under the customs and excise Acts included a reference to forfeiture under this Act.

M1 

2. Restrictions on sale of spirits as Scotch whisky.

(1) It shall be unlawful—

(a) to sell as Scotch whisky any spirits not conforming to any definition of Scotch whisky contained in an order under section 3(1) of this Act; or

(b) to sell Scotch whisky at an alcoholic strength less than any such strength as may be specified for the time being in an order made by the Ministers under this section.

(2) If the court is satisfied, on the application of—

(a) any person carrying on the business of producing Scotch whisky; or

(b) any person or body appearing to the court to be representative of any group of such persons, that any person has contravened or is contravening the provisions of subsection (1) above, the court may grant an injunction restraining or, in Scotland, an interdict prohibiting such contravention.

3 Interpretation, orders and consequential amendments.

(1)In this Act— “the court” means, in section 1, the Court of Session and, in section 2, the High Court in relation to England and Wales and the Court of Session in relation to Scotland; “the Ministers” means the Minister of Agriculture, Fisheries and Food and the Secretary of State, acting jointly F1. . .; “Scotch whisky” means such whisky (distilled and matured in Scotland) as conforms to a definition of Scotch whisky contained in an order made under this subsection by the Ministers; “sell” includes offering for sale, exposing for sale and having in possession for the purpose of sale, and cognate expressions shall be construed accordingly; and “whisky” means spirits—

(a)which have been produced by the distillation of a mash of cereals which has been—

(i)saccharified by the diastase of the malt contained therein, with or without other natural enzymes; and

(ii)fermented by the action of yeast, to an alcoholic strength of less than 94.8 per cent by volume so that the distillate has an aroma and taste derived from the raw materials used; and (b)which have matured for at least three years in wooden casks of a capacity not exceeding 700 litres.

(2)The Ministers may by order amend the definition of whisky in subsection (1) above. (3)Orders made under this section or section 2 of this Act may make different provision for different cases. (4)Orders made by the Ministers under this section and section 2 of this Act shall be made by statutory instrument and shall be subject to annulment in pursuance of a resolution of either House of Parliament. (5)In paragraph 1(b) of Schedule 7 to the M1Finance Act 1969 for the words from the beginning to “in Scotland” there shall be substituted— “(b)the expression “Scotch whisky” shall have the same meaning as it has in section 3(1) of the Scotch Whisky Act 1988;”.

4 Corresponding provision for Northern Ireland.

An Order in Council under paragraph1(1)(b) of Schedule 1 to the M1Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which contains a statement that it is only made for purposes corresponding to the purposes of this Act—

(a) shall not be subject to sub-paragraphs (4) and (5) of paragraph 1 of that Schedule (affirmative resolution of both Houses of Parliament); but

(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

5 Citation, commencement and extent.

(1) This Act may be cited as the Scotch Whisky Act 1988.

(2) This Act, except section 4, shall come into force on such day as the Ministers may by order made by statutory instrument appoint and different days may be so appointed for different provisions or for different purposes.

(3) An order under subsection (2) above may include such transitional provision as appears to the Ministers to be necessary or expedient in connection with the provisions thereby brought into force.

(4) This Act, except section 4, does not extend to Northern Ireland.