By Federal law, in order to be called Bourbon a whiskey must meet the following qualifications:
1) It must be made in the United States*;
2) It must be aged in new, charred oak containers**;
3) Its mash bill must be at least 51% corn**;
4) It cannot be distilled at higher than 160 proof**, it cannot enter the aging barrel at higher than 125 proof**, and
5) It must be bottled at no less than 80 proof***. All bourbons aged less than four years must have an age statement on the label. The age on the label refers to the youngest bourbon in the bottle****.
*US Code 27 §5.22(l)(1)
**US Code 27 §5.22(b)(1)(i)
*** US Code 27 §5.22(b)
****US Code 27 §5.40(a)
Straight Bourbons have been aged at least two years*. Straight Bourbons may include straight bourbons from more than one distillery. However, the distilleries must be in the same state*. By law, straight bourbons cannot contain anything other than bourbon (no coloring, neutral spirits, etc.)**.
*US Code 27 §5.22(b)(1)(iii)
**TTB Ruling 2016-3 (September 29, 2016)
If straight bourbons cannot contain anything other than bourbon (no coloring, neutral spirits, etc.)* then what happens when a distillery finishes the bourbon in a cask that has been used to age another spirit (port, chardonnay, etc.)? Is it still a straight bourbon? Yes! The TTB has ruled that “If a whisky is aged in more than one container, the label may optionally indicate the types of oak containers used”.** However, in the case of straight bourbon, the initial two-year aging must be in new charred oak containers per the requirements for straight bourbon. And, of course, a Bottled in Bond bourbon that was finished in another oak cask would have to have its initial four-year aging in a new charred oak container. Thus, a distiller labeling a product ‘Straight Bourbon Finished in Port Wine Casks’ is still selling a straight bourbon.
*TTB Ruling 2016-3 (September 29, 2016)
**27 CFR 5.40(a)(1)(ii) (amended May 4, 2020)
**Modernization of the Labeling and Advertising Regulations for Wine, Distilled Spirits, and Malt Beverages, 85 Fed Reg. 18,723 (April 2, 2020)
If a bourbon is 4 years old or more an age statement on the bottle is optional.* Anything less than 4 years old requires an age statement on the bottle.**
*US Code 27 §5.40(a)
** US Code 27 §5.40(a)(1)
Although it is a legal requirement to state the age of the bourbon if it has been aged less than four years, some distillers disregard this requirement and put no age statement on their product. Therefore, you CANNOT assume a bourbon has been aged more than four years if there is no age statement on the bottle. This is unfortunate and in a perfect world should be addressed by the government but it has not been, Therefore, DON’T ASSUME!
In the latter part of the 1800s, as bourbon became more popular and widely available, many unscrupulous individuals sold unaged whiskey (or sometimes even paint thinner!) that had been colored and then sold as bourbon. To combat this abuse, the reputable distillers of bourbon lobbied the Federal government to enact a law to protect the integrity of the bourbon they produced. The result was the Bottled in Bond Act of 1897. This Act codified the requirements for Bottled in Bond spirits. Bottled in Bond bourbons are straight bourbons that are the product of one distilling season (January-June or July-December) and one distiller at one distillery*. They must be aged for a minimum of 4 years in a federally bonded warehouse and must be bottled at 100 proof.*
*US Code 27 5.42(b)(3)(ii)
Proof is simply the percentage of alcohol times 2. So a 100 proof bourbon would contain 50% alcohol. The proof and the percentage of alcohol are both required on the bottle’s label.
While the proof is easy to understand, several distillers have taken to use descriptive terms such as Original Proof, Original Barrel Proof, Entry Proof, Barrel Proof, Barrel Strength and Cask Strength on their labels. These terms can be confusing.
To preclude misunderstandings, the Bureau of Alcohol, Tobacco and Firearms has ruled that:
A label bearing the phrase “Original Proof”, “Original Barrel Proof” or “Entry Level Proof” indicates that the proof of the spirits entered into the barrel and the proof of the bottled spirits are the same*
“Barrel Proof” on a label indicates that the bottling proof is not more than two degrees lower than the proof established at the time the spirits were gauged for tax determination.* The time when the spirits are gauged for tax determination is when they are taken out of the ageing barrels.
“Barrel Strength” and “Cask Strength” are not legally defined. They generally mean that the proof of the bottled spirit is exactly the same as the proof of the spirit coming out of the ageing barrel.
Here’s an example to illustrate:
A distiller fills the ageing barrels at 107 proof. Remember, it can’t enter the ageing barrel at higher than 125 proof.**
After ageing the distiller dumps the barrel and checks the proof. The proof is 109.3. (It can be higher or lower than the entry proof, depending on the ageing environment.)
The distiller bottles the spirit at 109.3 proof. This is Barrel Strength or Cask Strength.
The distiller bottles the spirit at 108 proof. This is Barrel Proof.
The distiller bottles the spirit at 107 proof. This is Original Proof, Original Barrel Proof, or Entry Level Proof.
* ATF Ruling 79-9
** US Code 27 §5.22(b)(1)(i)Barrel Strength
Is blended bourbon really bourbon?
Blended bourbon is whiskey containing at least 51% straight bourbon on a proof gallon basis. The remainder can be other types of whiskey or neutral spirits.* Note that blended bourbon can contain coloring or flavoring, something that regular bourbon cannot.
Now that you know the definition you can decided for yourself!
A proof gallon is one liquid gallon of spirits that is 50% alcohol at 60 degrees F. So a 750ml bottle at 100 proof would be 0.1981 proof gallons. Or a 750ml bottle at 80 proof would be 0.1585 proof gallons.
*US Code 27 §5.22(4)
Blended straight bourbon is straight bourbon which contains certain coloring, flavoring, or blending materials, * Note that regular bourbon cannot contain any of these additional materials.
*US Code 27 §5.22(5)(ii)
Kentucky produces a lot of bourbon. In fact, the state produces more bourbon than any other. A quick look at any liquor store shelf will show many different Kentucky bourbons. Some are offerings from Kentucky distilleries. But a vast number are offerings from non-Kentucky companies. How is this possible? Kentucky has a law that states that “no whiskey produced from grains which are cooked, fermented, and distilled in Kentucky… shall be bottled in Kentucky or removed from the state unless such whiskey has been aged in oak barrels for a period of not less than one full year…”* The law further states “… that whiskey aged less than one year may be removed and bottled, or bottled in Kentucky, if the word “Kentucky” or any word or phase implying Kentucky origin does not appear of the front of the label…”*
Because of this law, a rectifier (whether it be a producer or simply a bottler) may label their product a Kentucky bourbon even though it wasn’t bottled or completely aged in Kentucky. Contrast this with Missouri’s law which states that to be labeled a Missouri bourbon the product must be distilled, aged, and bottled in the state using Missouri corn and aged in Missouri oak barrels.
* Ky. Acts Title 20, Chapter 244,Section 370. Retrieved from: https://casetext.com/statute/kentucky-revised-statutes/title-20-alcoholic-beverages/chapter-244-alcoholic-beverages-prohibitions-restrictions-and-regulations/distilled-spirits-and-wine/section-244370-whiskey-to-be-aged-exception-if-not-labeled-as-kentucky-whiskey
In 2019 the Missouri Legislature passed a bill giving legal meaning to the term Missouri Bourbon and Missouri Straight Bourbon. The bill requires Missouri Bourbon to be mashed, fermented, distilled, aged and bottled in Missouri. In addition, the product must be aged in oak barrels manufactured in Missouri. Furthermore, all the corn used in the bourbon must be Missouri-grown corn.*
This is the most restrictive definition of a ‘state’ spirit that exists. Normally, when bourbon is labeled as ‘Iowa Bourbon’ (change the state name to any except for Tennessee and now Missouri) it’s simply a way for producers to indicate in what state the bourbon has been distilled. But now, for Missouri bourbon, it means much more!
Missouri passed this law both to highlight products made in Missouri and to increase transparency in the bourbon marketplace. It doesn’t hurt that Missouri is the largest producer of bourbon barrels in the country!
*MO HB266 | 2019 | Regular Session. (2019, July 11). LegiScan. Retrieved April 02, 2021, from https://legiscan.com/MO/bill/HB266/2019
Yes. All Tennessee whiskey is bourbon but not all bourbon is Tennessee whiskey. In addition to the requirements for bourbon whiskey, Tennessee whiskey must be made in Tennessee* and it must be filtered through charcoal before ageing**. This filtering process is called the Lincoln County Process. There is one exception to this. Prichard’s Distillery has a legal exemption from using the Lincoln County Process.** It’s interesting to note that the only Tennessee whiskey that isn’t required to use the Lincoln County Process is the only distillery in Lincoln County Tennessee.
* Agreement between the United States of America, the United Mexican States, and Canada 7/1/20, Article 3.C.2: Distinctive Products
** State of Tennessee, Public Chapter 341, May 13, 3013
This is an interesting question and one that has a rather convoluted answer. The answer lies in the different definitions of whiskey codified in Federal law.
Bourbon whiskey, rye whiskey, wheat whiskey, malt whiskey, and rye malt whiskey, are defined as each fermented from a mash of not less than 51 percent corn, rye, wheat, malted barley, or malted rye grain, respectively.* Corn whiskey is defined as fermented from a mash of not less than 80 percent corn.**
Any of the above whiskeys which have been aged for a period of 2 years or more in charred new oak containers may optionally be further designated as “straight”; for example, “straight bourbon whiskey”, “straight rye whiskey”, “straight corn whiskey”. Further, whiskey which has been produced from a fermented mash of less than 51 percent of any one type of grain, and stored for a period of 2 years or more in charred new oak containers may optionally be designated merely as “straight whiskey”. No other whiskies may be designated “straight”.*** The last sentence is what prevents any Tennessee whiskey from being called “straight” – even if it was aged for two years or more in charred new oak containers.
So, producers of Tennessee whiskey could label their product as “straight bourbon” (if it met the ageing requirement) but cannot label their product “straight Tennessee whiskey” because there is no federal legal definition of Tennessee whiskey and you can’t label a whiskey as straight unless it meets the Federal legal definition.
*27 C.F.R § 5.22 (a)(1)(b)(1)(i)
**27 C.F.R § 5.22 (a)(1)(b)(1)(ii)
***27 C.F.R § 5.22 (a)(1)(b)(1)(iii)
This comes from the Agreement between the United States of America, the United Mexican States, and Canada. The Agreement defines Tennessee Whiskey as “a straight Bourbon Whiskey authorized to be produced only in the State of Tennessee”.* Frankly, that’s a mistake that found its way into the US free trade agreements. If you read the rest of the paragraph in the Agreement, you’ll find that it further states, “Canada and Mexico shall not permit the sale of any product as Bourbon Whiskey or Tennessee Whiskey, unless it has been manufactured in the United States in accordance with the laws and regulations of the United States governing the manufacture of Bourbon Whiskey and Tennessee Whiskey.”* The laws governing the manufacture of Tennessee Whiskey are those of the State of Tennessee, not the Federal government. And the laws of Tennessee DO NOT require any specific aging of Tennessee Whiskey.**
Although legally Tennessee whiskey cannot carry the “straight” designation, at least one distiller produces a product (Pennington Distilling’s Davidson Reserve Four Grain) that is labeled straight Tennessee whiskey. Although this labeling is technically wrong, it provides more information to the consumer and so I don’t think the government is going to object to its use. And any Tennessee whiskey that carries an age statement of 2 years or more would, by definition, be a straight bourbon whiskey. Bottled in Bond Tennessee Whiskey would also, by definition, be a straight bourbon whiskey.
*Agreement between the United States of America, the United Mexican States, and Canada 7/1/20, Article 3.C.2: Distinctive Products (1)
** State of Tennessee, Public Chapter 341, May 13, 3013
The three most used grains for bourbon are corn (a minimum of 51%), rye, and barley. At what point does the bourbon become a high rye bourbon? There is no accepted definition of this. Unfortunately, many marketing departments have become involved and define their bourbon as high rye when it contains as little as 15% rye. The best thing to do is look at the mash bill and decide for yourself!
If a distiller uses wheat instead of rye, the bourbon becomes a wheated bourbon. Generally, wheated bourbons are more mellow than rye bourbons which tend to be spicier.
The Celiac Disease Foundation has stated that distilled products do not contain any harmful gluten peptides even if they are made from gluten-containing grains. Research has found that the gluten peptide is too large to carry over in the distillation process, leaving the resulting liquid gluten-free.*
The Alcohol and Tobacco Tax Tobacco and Trade Bureau (TTB) of the U.S. Department of the Treasury, which regulates the labeling of distilled spirits, permits the labeling of distilled spirits distilled from gluten-containing grains (such as wheat, rye, and barley) because (a) distillation removes gluten if good manufacturing practices are followed and, (b) it’s possible to scientifically verify the absence of gluten in distilled spirits. However, if a distiller chooses to label their product as gluten-free. they must be prepared to substantiate such claims, including by verifying that the producer has taken appropriate measures to ensure that its raw materials, ingredients, production facilities, storage materials, and finished products are not subject to cross-contact with gluten.**
Since the TTB ruling allowing the labeling of bourbon as gluten-free is relatively recent (October 2020), not many producers have labeled their products as gluten-free. I expect that to change as the popularity of gluten-free products continues to increase.
*Celiac Disease Foundation, Distilled Beverages and Vinegars, https://celiac.org/gluten-free-living/what-is-gluten/sources-of-gluten/, Accessed 17 March 2015.
** TTB Ruling 2020-2 (October 13, 2020)