A Difference of Opinion Opposition to the New Standard of Identity for American Single Malt Whiskey Written by SAILOR GUEVARA
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new standard of identity for distilled spirits labeling and advertising was added to Part 5 of the code of federal regulations (CFR) by the Alcohol and Tobacco Tax and Trade Bureau (TTB) on December 18, 2024. This standard of identity defines and protects the category of American single malt whiskey and is the first new standard of identity to be added to the CFR in over 52 years. Effective as of January 19, 2025, the new standard states that American single malt whiskey must adhere to the following production standards per the Federal Register, Addition of American single malt whiskey to the Standards of Identity for Distilled Spirits, published on 12/18/2024:
• Made from 100 percent malted barley • Distilled entirely at one distillery • Mashed, distilled and matured in the US
• Matured in oak casks of a capacity not exceeding 700 liters
• Distilled to no more than 160 (US)
proof (80 percent alcohol by volume)
• Bottled at 80 (US) proof (40 percent alcohol by volume) or more
Many felt the importance of an official American Single Malt category was critical to the continued growth of American
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whiskey. The new category officially recognizes and legitimizes a distinct style of whiskey produced entirely in the United States, allowing distillers to showcase their unique American terroir and innovative techniques while giving consumers a clear identity for these whiskeys, separate from traditional Scotch single malts, fostering further exploration and experimentation within the category. There was much fanfare nationwide when the news was released. The American Single Malt Whiskey Commission (ASMWC) — established in 2016 with the support of Distilled Spirits Council (DISCUS) — and many other entities who led the charge to make this official category a reality were clearly proud of their tireless efforts and years of hard work. Despite the excitement across the country, some producers were opposed to certain facets of the definition. One is Phil Steger, founder and CEO of Brother Justus Whiskey Company in Minneapolis, Minnesota. When the TTB requested public comments on the proposed new standard of identity they posed eight questions:
• Use of Coloring, Flavoring or Blending Materials
• Use of the Designation “Straight” • “Blended” American Single Malt Whiskey
• Impact on Trademark Owners
and Producers of Malt Whiskey
• Use-Up of Previously Approved Labels
• Competition in the Alcohol Beverage Market
When the comment period closed, the TTB published their discussion of comments: “After careful consideration of the petitions received in response to this issue in Notice No. 176 and the comments received in response to Notice No. 213, TTB is finalizing a standard of identity for “American single malt whisky,” with two changes from the standard proposed in Notice No. 213. As originally proposed, TTB is defining American single malt whisky as a type of whiskey that is mashed, distilled, and aged in the United States; is distilled entirely at one U.S. distillery; is distilled to a proof of 160 or less; is distilled from a fermented mash of 100 percent malted barley; is stored in oak barrels (used, uncharred new, or charred new) with a maximum capacity of 700 liters; and is bottled at not less than 80° proof.” It went on to say: “In the first change from the proposal in Notice No. 213, TTB is providing for the use of the designation “straight” with American single malt whisky that is aged for two years. The second change allows for the use of caramel coloring as long as it is disclosed on the label. This new standard of identity will be added to 27 CFR 5.143. The TTB is also revising certain other sections in part 5 to include cross references to American single malt whisky.” — Addition of American Single Malt Whisky to the Standards of Identity for Distilled Spirits, A Rule by the Alcohol and Tobacco Tax and Trade Bureau on 12/18/2024
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