Canada - only blend?

[Hedmans Brorsa]

This is getting way too complicated for me, but if I understand paragraph 14 (2) (a) right, then the 9.09 limit can be exceeded but that product cannot call itself "Canadian whisky", "Canadian rye whisky" or "rye whisky".

But maybe you´ve drawn that conclusion already?

[Gillman]

No I don't think so Lennart although I am not 100% sure.

I will try to attach the definition of Canadian whisky from the Food & Drug Regulations.

Gary

[Gillman]

Sorry I can't figure out how to upload, maybe someone can do so who knows how.

I found it in Yahoo by searching "Food and Drug regulation + Canadian whisky", it is section B.02.020 of the regulation.

Thanks.

Gary

[boone]

Is this the link?

FrançaisContact usHelpSearchCanada SiteJustice HomeSite MapProgramsProactive DisclosureLawsLawsUpdates to Justice Laws Web Site NoticeMain PageGlossaryImportant NoteHow to linkPrinting Problems?Easy LinksConstitutionCharterGuide to Making Federal Acts and RegulationsStatutes by TitleStatutes by SubjectAdvanced SearchTemplates for advanced searchingCase LawFederal and Provincial Case LawOther Annual Statutes1995-20042004200320022001200019991998199719961995Table of Public Statutes and Responsible MinistersTable of Private ActsIndex of Statutory Instruments Consolidated Statutes and Regulations
Enabling statute: Food and Drugs Act
Disclaimer: These documents are not the official versions (more).
Source: http://laws.justice.gc.ca/en/F-27/C....-B.02.020.html
Regulation current to September 15, 2006

Food and Drug Regulations
PART B: FOODS
Division 2: Alcoholic Beverages
Whisky



[See this section in its context][Previous]

B.02.020. [S]. (1) Canadian Whisky, Canadian Rye Whisky or Rye Whisky
(a) shall
(i) be a potable alcoholic distillate, or a mixture of potable alcoholic distillates, obtained from a mash of cereal grain or cereal grain products saccharified by the diastase of malt or by other enzymes and fermented by the action of yeast or a mixture of yeast and other micro-organisms,
(ii) be aged in small wood for not less than three years,
(iii) possess the aroma, taste and character generally attributed to Canadian whisky,
(iv) be manufactured in accordance with the requirements of the Excise Act and the regulations made thereunder,
(v) be mashed, distilled and aged in Canada, and
(vi) contain not less than 40 per cent alcohol by volume; and
(b) may contain caramel and flavouring.
(2) Subject to subsection (3), no person shall make any claim with respect to the age of Canadian whisky, other than for the period during which the whisky has been held in small wood.
(3) Where Canadian whisky has been aged in small wood for a period of at least three years, any period not exceeding six months during which that whisky was held in other containers may be claimed as age.
SOR/93-145, s. 10; SOR/2000-51, s. 1.

[Next]

Sorry I can't figure out how to upload, maybe someone can do so who knows how.

I found it in Yahoo by searching "Food and Drug regulation + Canadian whisky", it is section B.02.020 of the regulation.

Thanks.

Gary

[Gillman]

That's it, thanks (B.02.020 subsections 1, 2 and 3).

This part is relatively clear, it is the other (blending) rule that makes me scratch my head a bit.

I think the rules together mean you can add more than 9.09% alcohol from, say, a foreign bourbon, and the result is still Canadian whisky, but if the addition is younger than what it is added to, the blend acquires that youngest age. If the addition is the same age or older, no problem, provided the result still has the aroma, taste and character of Canadian whisky (pretty broad criteria).

This is what I think it means, but I am not sure. E.g. I know that in the 1960's a luxury Canadian whisky said on the back label that it was blended 50% with bourbon whiskey. How could that have been if the 9.09% rule was an absolute bar to adding more than 9.09% ethyl alcohol from a flavouring spirit or wine (unless the law was different then)?

I think the 9.09% rule is really concerned with age statements more than anything else, in other words.

I wonder if anyone on the board works with these rules professionally or in business and would offer his or her interpretation.

Gary

[Gillman]

Note the rules at the end of the bulletin from Canada revenue that where bottled spirits are exported (section 12) or "whisky" that is blended is exported in bond(section 14), certain restrictions apply: in the former case, not more than 25% of the alcohol may be derived from foreign spirits; in the latter case, the whisky may not contain more than 9.09% alcohol from foreign spirits.

Note this applies only to exported whisky. However since much Canadian whisky is exported, it is possible most or even all whisky manufactured and blended here is made up the same way regardless of the destination of sale (I don't know).

Therefore Lenart, you are correct at least with regard to exported Canadian whisky in that Canada will not certify such is Canadian whisky (or the other, variant names such as rye whisky) if it contains more than 9.09% alcohol from foreign spirits, at least as regards whisky exported in bond. Section 12 respecting exported bottled spirits allows a more generous 25% alcohol from foreign spirits.

I am not sure if section 12 refers to non-bonded exports (whatever that may mean and bonded exports may mean), or whether section 12 and section 14 both refer to the same kind of export but section 14, not section 12, applies to whisky (applying the rule of interpretation that, "the specific excludes the general").

Also, we haven't seen yet the rules on labelling that must specify (I would think) that an age expression must relate to the youngest whiskey in the blend when it is possible legally to exceed the 9.09% limit.

For example, say a 10 year old Canadian whisky, so labelled (not all are - CR isn't) has more than 9.09% of its ethyl alcohol from foreign spirits. I will speak of domestic distribution only. If what is added is at least 10 years old or more, I see no problem in placing a 10 year age statement on the blend. If the addition is younger than 10 years, say it is 8 years old, probably another rule in the Food and Drug Act Division 2 regulation mentioned earlier or in the Excise Act 2001 or the regulations enacted under the earlier Excise Act (which continue to apply per that Canada revenue bulletin), or some other rule, would require that the product be labelled as 8 years old.

If the addition of foreign ethyl alcohol from flavoring is less than 9.09% percent however, it can still be labelled as 10 years old.

I don't have all the rules before me but I think what I have suggested above about the 9.09% rule is essentially correct (not necessarily in my earlier posts where I was stll developing my thoughts).

Gary

[Hedmans Brorsa]

Therefore Lenart, you are correct at least with regard to exported Canadian whisky in that Canada will not certify such is Canadian whisky (or the other, variant names such as rye whisky) if it contains more than 9.09% alcohol from foreign spirits, at least as regards whisky exported in bond. Section 12 respecting exported bottled spirits allows a more generous 25% alcohol from foreign spirits.


Gary

I have also read somewhere, although I can´t for my life remember where, that the European Union has banned Canadian whiskies that contain other beverages than whisky in that 9.09% slot.

Thanks for your efforts, Gary, even though this is terribly complicated!

[Gillman]

No problem. It is a little complex, but I think I have sussed out the essentials, anyway. (I would like to figure out now the difference between sections 12 and 14, the situation each is envisaging, that is).

You could be right about that EU requirement. If it is true and e.g., would preclude addition of sherry in lieu of whisky to make up the 9.09%, that seems a little unfair to me.

After all, whisky from Scotland contains sherry too (and they don't make sherry in Scotland) except in that case it derives from a barrel that used to hold sherry. For this purpose, I don't see the difference between adding it straight in and the whiskey absorbing it from the barrel, do you?

Gary

[Powertrip]

Are all whiskey from Canada blended?

Century Reserve 13 & 15 year old are "Single Cask Unblended", as stated on the label.
They are produced by the Century Distilling Company. They are fairly widely available in Canada and the USA.

[mythrenegade]

I thought I would try to help by looking elsewhere for info, and it's astounding how little information there is on Canadian Whisky. For example, here is the wikipedia entry:

http://en.wikipedia.org/wiki/Canadian_whisky

This thread is far more authoritative. If someone who understands this discussion better than I has the time, please update the wiki entry, it could use some help...

Joel