Scotch Whisky given legal protection

NEW regulations which will protect consumers from bogus ‘Scotch’ whisky came into force yesterday (Monday, November 23), providing a boost to the Scottish food and drink industry.

The rules prevent whisky which is not produced in Scotland from being labelled as ‘Scotch’ giving legal protection to an industry worth around £3 billion.

Secretary of State for Scotland Jim Murphy said: “The Government has worked closely with the Scotch Whisky Association (SWA) on these regulations which introduce a stronger legal framework to protect one of our most cherished products.

“It is vital that we protect our key industries. We cannot allow others to trade off our good name and to pass off inferior whisky as being produced in Scotland. These regulations will help protect whisky customers across the globe.  

“New labelling rules will also mean that customers will have a clearer understanding about precisely where and how their drink has been produced.”

The Scotch Whisky Regulations will also introduce tighter rules on the use of distillery names on bottle labels, and better protection of traditional regional names such as ‘Highland’ and ‘Lowland’.

Paul Walsh, chairman of the SWA said: “Consumers around the world are passionate about Scotch Whisky. They recognise brands of the highest quality, which have built up a reputation that is second to none.

“This landmark legislation will help us to ensure they always receive the genuine article and help us to explain better to consumers why Scotch whisky is so special.”

Legal protection

The UK Scotch Whisky Regulations 2009 which come into force on 23 November will:

  • Introduce and define 5 categories of Scotch Whisky;
  • Introduce rules on compulsory sales descriptions;
  • Introduce rules on the use of distillery and distillers names on Scotch Whisky labels;
  • Introduce rules on the use of local and regional geographical indications e.g. ‘Islay’ including protection for certain Scottish localities and regions;
  • Ban the use of ‘pure malt’ or derivations of that description;
  • Introduce tighter rules on maturation, age, and distillation statements;
  • Allow transitional periods concerning packaging, advertising, promotion and export of single malts;
  • Ban the export of Single Malt Scotch Whisky unless it is bottled;
  • Ban the export of Scotch Whisky in wooden casks and other wooden containers;
  • Enable food authorities and port health authorities to impose monetary penalties for infringements of the Regulations; and
  • Also include criminal sanctions.
  • A transitional period of two years applies to the new labelling requirements and three years for the new bottling requirements.

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