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The following state and federal laws govern what we know as Bourbon and have been put forth and have
been in place for many years:
[Code of Federal Regulations], [Title 27, Volume 1], [Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 27CFR5.22], [Page 50-55]
CHAPTER I--ALCOHOL AND TOBACCO TAX AND TRADE BUREAU, DEPARTMENT OF THE
TREASURY
PART 5--LABELING AND ADVERTISING OF DISTILLED SPIRITS--Table of Contents
Subpart C--Standards of Identity for Distilled Spirits
Sec. 5.22 The standards of identity.
(1)(i) ``Bourbon whisky'', ``rye whisky'', ``wheat whisky'', ``malt whisky'', or ``rye malt whisky''
is whisky produced at not exceeding 160 deg. proof from a fermented mash of not less than 51 percent
corn, rye, wheat, malted barley, or malted rye grain, respectively, and stored at not more than 125
deg. proof in charred new oak containers; and also includes mixtures of such whiskies of the same type.
(ii) ``Corn whisky'' is whisky produced at not exceeding 160 deg. proof from a fermented mash of not
less than 80 percent corn grain, and if stored in oak containers stored at not more than 125 deg. proof
in used or uncharred new oak containers and not subjected in any manner to treatment with charred wood;
and also includes mixtures of such whisky.(iii) Whiskies conforming to the standards prescribed in
paragraphs
(b)(1)(i) and (ii) of this section, which have been stored in the type of oak containers prescribed,
for a period of 2 years or more shall be further designated as ``straight''; for example, ``straight
bourbon whisky'', ``straight corn whisky'', and whisky conforming to the standards prescribed in
paragraph (b)(1)(i) of this section, except that it was 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 shall be designated merely as ``straight whisky''. No other whiskies may be designated
'`straight''. ``Straight whisky'' includes mixtures of straight whiskies of the same type produced
in the same State.
244.370 Whiskey to be aged -- Exception if not labeled as Kentucky whiskey. No whiskey produced in
Kentucky, except whiskey the barrel containing which is branded "Corn Whiskey" under the internal
revenue laws, shall be bottled in Kentucky or removed from this state unless such whiskey has been aged
in oak barrels for a period of not less than one (1) full year; provided, however, that whiskey aged
less than one (1) year may be removed from the state and bottled, or bottled in Kentucky, if the word
"Kentucky" or any word or phrase implying Kentucky origin does not appear on the front label or
elsewhere on the retail container or package except in the name and address of the distiller as
required by federal regulation. For violations of this section, the department shall revoke the permit
of the licensee from whose warehouse or premises such whiskey shall have been removed or in which such
whiskey shall have been bottled. History: Amended 1970 Ky. Acts ch. 11, sec. 1. -- Amended 1942 Ky.
Acts ch. 183, secs. 1 and 2. -- Amended 1942 Ky. Acts ch. 183, secs. 1 and 2. -- Recodified 1942
Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554b-169.
2.400 State bourbon festival.
The Kentucky Bourbon Festival, Incorporated, of Bardstown, Kentucky, is named and designated the
official state bourbon festival. Effective: July 14, 2000. History: Created 2000 Ky. Acts ch. 363,
sec. 1, effective July 14, 2000.
The Office of the United States Trade Representative has negotiated over the years to include Kentucky
Bourbon and Tennessee Whiskey in international trade agreements. In the class of distilled spirits,
these products are strictly defined by US law, and are therefore easily incorporated into foreign
legal frameworks requiring precision and accuracy in production. While the recognition of Bourbon as
a distinct product has been the most important goal of US trade officials, the main effort has been
to reduce or eliminate tariffs for distilled spirits imported into foreign countries.
Nothing can be added at bottling to enhance flavor, add sweetness or alter color.
Small batch bourbons are bottlings from a "batch" of barrels that have been mixed prior to the
bottling. Some of the more well known small batch bourbons include: Baker's, Booker's, Basil Hayden's,
Knob Creek, Maker's Mark, and Woodford Reserve. Bourbons called single barrel are the bottling of
one "single" barrel of bourbon. The single barrel bourbons include: Elijah Craig, 18 years old;
Blanton's; Elmer T. Lee, Single Barrel Bourbon; Henry McKenna, Single Barrel; and Evan William's
Vintage. Bourbon can be made anywhere in the United States. All but a couple of brands are made in
Kentucky, and Kentucky is the only state allowed to put its name on the bottle. And as Kentucky
distillers are quick to point out, Bourbon is not Bourbon unless the label says so.
All straight bourbons are produced by the sour-mash method. In the sour-mash method, backset
(liquid from a previous distillation) is added to the mash in addition to yeast. The backset helps
to make the next batch of bourbon similar to the previous ones by passing on some of the
characteristics of the previous batches. Blended bourbons contain at least 51 percent straight
bourbon mixed with neutral grain spirits.
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