More casks for Scotch

New Scotch regulations to increase flexibility

In June 2019, the Scotch Whisky Association (SWA) announced an amendment to the laws and regulations concerning Scotch Whisky. The amendment allows Scotch producers to use a wider range of casks for the maturation and finishing of their Whiskies, without losing the label 'Scotch Whisky'.

Previously, Scotch Whisky could only be matured or finished in oak casks traditionally used in the industry, such as Bourbon, Sherry, Rum, Wine and Beer, to name just a few. Such casks will of course continue to be used, but the change of law now offers some flexibility. Oak is still a must, but casks previously used to mature other spirits may now also be used, provided a number of conditions are met.

The so-called 'Scotch Whisky Technical File' contains details on the range of casks that may now be used to age Scotch Whisky. On the basis of this document, controls are carried out by Her Majesty's Revenue and Customs in order to maintain the Protected Designation of Origin 'Scotch Whisky'.

The UK Department of the Environment, Food and Agriculture had submitted the proposed amendment to the European Commission, which has now been incorporated into the document. In a nutshell, the new regulation allows Scottish Whisky producers to use a wider range of casks for the maturation and finishing of their spirits. For example, casks previously containing spirits made from agaves (Tequila or Mezcal) have been added. Casks which used to contain the French apple brandy Calvados or the Brazilian sugar cane spirit Cachaça are now also legally allowed to mature Whisky. Shochu casks - a Japanese Schnapps made from barley, rice, sugar cane or sweet potatoes - as well as Baijiu casks - a Chinese grain Schnapps made mostly from millet - are also listed. Fruit Brandies are sometimes stored in casks, as well. These can now be used in the maturation of Scottish Whisky according to the law, too. On the other hand, the use of Gin casks, Cider casks and casks previously filled with Wine or Beer made from drupes is not permitted. If sugar or artificial flavours have been added to the liquid first stored in the cask after the fermentation or distillation, the cask is also not permitted for the maturation of Scotch Whisky.

Although not allowed back then, the Highland distillery Glen Moray recently carried out a cider cask project. A cask formerly used to mature Glen Moray Single Malt was given to the Scottish cider producer 'Thistly Cross' to mature cider. The cask was then returned to the distillery, where Glen Moray Single Malt was filled into the cask for its finish and sold in 2018. The makers of Glen Moray cheated their way past the regulations in a twilight zone, so to speak. Other Scottish distilleries extended the rules for Scotch Whisky in the past again and again or took them a little more casually. Thus, there was also a 12-year-old from the Campbeltown distillery Springbank, that first matured in refill Bourbon casks for six years, before it was finished in fresh Calvados casks for another six years. It is emphasized, however, that regardless of the cask type used, the resulting product must have the traditional colour, taste and aromatic properties of Scotch Whisky.

To date, the rules had not explicitly prohibited manufacturers to use special casks, but the SWA's legal department advised them to use casks with 'sufficient proof of traditional use'. These include, for example, former Bourbon or Sherry casks. Most Scotch Whisky producers supported the strict Scotch Whisky production guidelines. However, voices were also raised that feared Scottish Whisky producers experienced a commercial disadvantage compared to other global Whiskies and competitors.

Scotch's largest Whisky producer, Diageo, and the French company Pernod Ricard had already suggested a change or loosening of regulations last year. However, Diageo's plans to finish Single Malts in casks formerly containing tequila by the Diageo brand 'Don Julio' were rejected by the SWA. Now that the regulations have been extended, Diageo is able to implement its plans for a Tequila finish.

The new rules now clarify which casks are allowed in the maturation of Scottish Whisky and which are not. The innovations have no influence on the type of wood: Still, only oak casks are allowed for Scotch Whisky maturation. However, the amendment to the guidelines is intended to provide a degree of flexibility for Scottish Whisky producers to be more free in the way Whisky is produced. The use of more casks also offers more potential for a wider range of flavours. The Scotch Whisky Association is adapting its guidelines to strengthen the heritage and traditions of the Scotch Whisky category while laying the foundation for the future, as the Association believes that legal regulations are essential to protect the reputation and quality of Scotch Whisky.

It is debatable how much will actually change in the Scottish Whisky landscape. We can definitely look forward to exciting bottlings with new finishes and interesting flavours in the future.