Legal clarity for Scotch whisky finishing

The legalities around Whisky and particularly Scotch Whisky has always been pretty tight. For instance:- Scotch Whisky has been very specific on its production and ageing: the location Scotland and time for ageing ( a minimum of three years) a rule introduced by the Immature Spirits Act 1915. Even the size and type of vessel used to mature it is regulated. Oak casks of 700 litres capacity or less. But there is now a disputed area which is causing gaps within the industry. Distillers often extend the time to finish a Scotch. The theory is that the spirit is transferred from its original cask, typically one that previously contained US Bourbon whiskey, into one that formerly held another spirit or even a wine. Although the Scotch may be held in this second cask for a relatively short time, it adds another level of complexity and interest to the consumer. There is no legal period for how long the Scotch whisky has to be finished before it can be described as having a certain finish but the spirit must have been in the chosen extra cask for a long enough period for its character to be affected. This is not only very subjective but is not set out in statute law and has not been tested to date in the courts. How the whisky is finished can be referred to on the label and hence makes it a real marketing opportunity. Some are exploiting this gap by looking to more exciting ways to finish a Scotch. One Islay distillery using former premier grand cru chateau D'Yquem and Douro quintas seeking to add value. But whilst the whiskies are going up in value are they really now allowed to be qualified as Scotch? No legal action has been taken yet but the waters of discontent are definitely brewing within the whisky world which has many passionate advocates! WC Fields once said “Always carry a flagon of whiskey in case of snakebite and furthermore always carry a small snake.”