One of the most popular classes of spirits on the market is whiskey. It may not be the biggest-selling category in the United States—that would be vodka—but it maintains an undeniable mystique in the American psyche and a preeminent place in the market.
Before exploring a new style of whiskey, however, it’s useful to know some basic terms. And before bringing a product to market—before even acquiring label approval from the Alcohol and Tobacco Tax and Trade Bureau (TTB)—a distiller needs to clearly understand what, in fact, whiskey is. The definition is a legal one, with chapter and verse laid out in the TTB’s Beverage Alcohol Manual (BAM) and Title 27 of the Code of Federal Regulations. (It should be noted that the TTB definitions use the spelling “whisky,” but in common American usage, we stick to “whiskey.”)
Whiskey, According to the TTB
The TTB rules are nested: Whiskey is a “class” that encompasses a wide variety of products.
The technical definition is that whiskeys are “spirits distilled from a fermented mash of grain at less than 95 percent alcohol by volume (190 proof) having the taste, aroma, and characteristics generally attributed to whisky and bottled at not less than 40 percent alcohol by volume (80 proof).” This leaves a wide variety of grain choices, aging profiles, and even distillation proofs as we step down to the next level of definitions—the “type” of whiskey.
Whiskey types are grouped together based on ingredients and process. The most basic types—bourbon, rye, wheat, malt, and rye malt—all follow the same general format. The primary ingredient—that is corn, rye, wheat, malted barley, or malted rye, respectively—must make up at least 51 percent of the mash bill. The spirit must be distilled to a proof not exceeding 80 percent ABV and proofed down to 62.5 percent ABV or lower, then aged in “charred new oak containers.” Corn whiskey—such as Mellow Corn, a common commercial version—is a unique outlier to this group: The grist must include at least 80 percent corn and be aged in used or uncharred barrels, not treated in any way with fresh, charred oak.
Straight versions of these whiskey types must be aged for at least two years, and they can include multiple whiskeys of the appropriate type as long as they’re all produced in the same state. However, if these whiskeys—composed of at least 51 percent of the primary grain and not distilled to greater than 80 percent ABV—are aged in “used oak containers,” such as repurposed barrels, then they must be labeled differently: as whiskey distilled from bourbon mash, whiskey distilled from rye mash, whiskey distilled from wheat mash, and so on, rather than as simply bourbon, rye, or wheat whiskey.
All the whiskeys noted so far have had an upper threshold of 80 percent ABV at distillation. However, the broader class of whiskey denotes an upper limit of 95 percent—beyond that, the spirit is defined as vodka. If a grain spirit is distilled to above 80 percent but below 95 percent and aged in used or uncharred new barrels, it is classified as a light whiskey. These are generally produced in high volume by large distilleries, which also use them as a component in blended whiskey.
The Complexity of “Blended”
For understandable reasons, “blended” is a term often misunderstood among consumers.
Almost all whiskeys on the market—except those sold at a premium as single-barrel releases—are blends of multiple barrels. Very small distilleries may have only a few barrels that fit the correct profile for age and type, and all of those might be selected and blended for a release. Small to medium-sized distilleries, or boutique blending operations, may have more barrels from which to select, yet few enough to taste through—so they can flag those that do or don’t meet the desired flavor profile, or those that fit into a more complex blending formula. (These may include a mix of new and used barrels, a portion of specially finished barrels, different grain bills, or other variations.) Big distilleries or big whiskey brands, meanwhile, select particular lots that they know will average out to a particular flavor profile, with some great barrels in the mix, some not-so-great, and a lot in the middle.
However, these are not necessarily “blended” in TTB parlance.
Blended whiskeys of specific type—that is, blended bourbon whiskey, blended rye whiskey, blended wheat whiskey, and so on—must contain a minimum of 51 percent straight whiskey of that primary, named type. For example: A blended rye whiskey must include at least 51 percent straight rye whiskey. These blended whiskeys often include light whiskeys or neutral spirit as part of the blend. (Note that these TTB percentages are always calculated on a proof-gallon basis, which is the equivalent of one gallon at 50 percent ABV.)
However, blended light whiskey and the more general blended whiskey are exceptions to this generalization. Blended light whiskey must include less than 20 percent straight whiskey. On the other hand, “blended whiskey” without a more specific denotation of type must include at least 20 percent straight whiskey of any type or combination. Spirit whiskey, meanwhile, is produced by blending neutral spirit with at least 5 percent whiskey, straight whiskey, or a combination thereof, as long as the straight whiskey makes up less than 20 percent of the total blend.
But wait! There’s more: Whiskeys noted as blended straight must consist entirely of those that fit the individual straight style. For example, a “blended straight malt whiskey” must be composed entirely of whiskeys that fit the definition of straight malt whiskeys, whereas a less-stringent “blended malt” may have blending components that are light whiskey or neutral spirit.
More Designations
Beyond these definitions, there are other labeling considerations that a distiller needs to remember and that discerning consumers may want to keep in mind.
The bottled in bond designation, created in the late 1800s in response to the widespread use of adulterants in whiskey, is enshrined in the Code of Federal Regulations. It says that whiskeys labeled as “bottled in bond” must be:
- all the same type
- distilled in the same season, either January to June or July to December
- all made by the same distiller at the same distillery
- aged at least four years in wooden containers
- proofed to 50 percent ABV for bottling (using only water for dilution, as needed)
- and otherwise unaltered through addition or subtraction of substances, other than treatments such as filtration
There are many other restrictions that apply to spirits labels, such as prohibitions on health-related statements or the appearance of an endorsement by the U.S. government or military. However, there is one more legal distinction worth noting: the “form of statement” required on all spirits made in the United States.
Many whiskey and other spirit brands rely on other distillers to produce and age the spirit, then they purchase the spirit to sell under their own name. Some embrace a role of making excellent blends with whiskeys sourced from different facilities; others prefer to obscure or minimize the fact that they don’t distill some or all of the product they sell. Most fall somewhere in the middle.
However, the law requires the bottler, producer, and/or distiller to be identified as such on the label. A whiskey labeled as “distilled and bottled by … ” was, as stated, distilled by the company being represented. However, a whiskey (or other spirit) labeled as “produced and bottled by … ” was distilled by another party.
This is not an indicator of questionable quality or unscrupulous activity. However, it remains a common point of confusion among consumers who may think they are buying a local whiskey or one with other specific attributes, rather than one distilled by a third party, often in another state.
Ultimately, the world of whiskey is one of nuance. The difference of a word or two can have dramatic implications for the contents of the bottle, so the distiller and the discerning consumer alike need to be aware of those distinctions.