In a recent notice of proposed rulemaking published by Alcohol and Tobacco Tax and Trade Bureau (“TTB“) in the Federal Register, the agency proposes to add a standard of identity for Single Malt Whiskey for distilled spirits. Presumably, if the rule is finalized, this would alter 27 CFR 5.143 to add an additional class/type to the whiskey class. The notice can be accessed here.
The proposed rule would require whiskeys labeled as “American single malt whisky” to be distilled entirely at one U.S. distillery. Additionally, whiskeys bearing “American single malt whiskey” would need to be mashed, distilled, and aged in the U.S. The mash would need to consist of 100% malted barley with a distillation proof of 160 proof or less and stored in oak barrels no exceeding 700 liters. (The oak barrels can be used oak, uncharred new oak, or charred new oak.) No neutral spirits are permitted to be added but the class/type would permit allowable coloring, flavoring, and blending materials to be used.
Interestingly, this proposed class/type would be the first in the class of whiskey codified at 27 CFR 5.143 to require the specific whiskey type to be aged in a barrel that does not exceed a certain size. TTB invites comments from industry on this proposed idea in particular. The agency also asks industry to comment on the use of the specific type of barrels (i.e., the flexibility of American Single Malt Whiskey to be stored in used oak, uncharred new oak, or charred new oak).
Since this is a proposed rule, TTB has invited comments from industry members before the agency may consider changing federal regulations. Comments must be received by September 27, 2022. As an industry member, you can submit a comment to the proposed rule should you feel impacted and/or have an opinion. Lindsey Zahn P.C. is also happy to assist with any potential comment drafting if needed. Contact us at info@zahnlawpc.com.