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5.36 (d) compliance - the good guys


wadewood
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While there are many still not meeting the requirement of 5.36 (d) to lo list the actual State of Distillation on the bottle, I'd like to point out some that have told me they intend to comply, so some good guys that deserve our appreciation! The TTB label approval and regs are complicated and some honestly did not know the regulations. Instead of complaining to the TTB, I've started a new tactic of emailing the actual company and letting them know about 5.36 (d) and 5.4 (age requirement on whiskey). I review new COLA labels and if I suspect it's wrong, I email the contact on the COLA label.

So far, 2 companies have responded back and indicated they will change their labels to comply.

http://missourispirits.com/ in MO

http://millbrookdistillery.com/ in NY

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My wallet doles out the punishment for the non-compliers and refuses to open up for "distilleries" that cannot comply with the rules or who pull other shenanigans. I have absolutely no problem with sourcing whiskey but just be honest about it.

Contacting distilleries is probably a good idea to let them know that consumers are aware of the rules and prefer compliance. But I'm not sure how sincere their response will actually be. I doubt any producer will comply with labeling rules knowing that the rules are not really enforced. If there's no consequence, why would they change their behavior? These people respond to the almighty dollar, and I doubt they would put some BS story on the label about grandpa Jebediah and his frontier still that produced single barrel small batch select reserve limited edition bourbon for 5 generations and - oh by-the-way - we buy if from a huge factory in Indiana. Only time will tell, I guess

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Don't forget 5.36 (e), which covers country of origin. I believe it's legal for Whistle Pig to call their product Straight Rye Whiskey rather than Canadian Whisky, but they are required to state "product of Canada" somewhere on the label, which they currently do not.

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Don't forget 5.36 (e), which covers country of origin. I believe it's legal for Whistle Pig to call their product Straight Rye Whiskey rather than Canadian Whisky, but they are required to state "product of Canada" somewhere on the label, which they currently do not.

I hope that Alberta Distillers, or whoever distilled this whiskey in Canada, was kind enough to follow the other US requirements for a straight rye whiskey (distillation and barrel proofs, no caramel, etc). I would hate to think that Bhakta would have overlooked those details.

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Don't forget 5.36 (e), which covers country of origin. I believe it's legal for Whistle Pig to call their product Straight Rye Whiskey rather than Canadian Whisky, but they are required to state "product of Canada" somewhere on the label, which they currently do not.
Whistlepig recently had a new COLA label approved that shows imported from Canada.
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Good to see they are starting to follow the rules. I looked at a bottle in VT last night and it did not have "product of Canada" on the label. Maybe the Templeton fiasco served as a wake-up call to them.

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Good to see they are starting to follow the rules. I looked at a bottle in VT last night and it did not have "product of Canada" on the label. Maybe the Templeton fiasco served as a wake-up call to them.

or maybe not. Steve just alerted me to another new COLA from Whistlepig that does not say imported from Canada nor does it list actual state of distillation. Guess tricky Pickerell is back to his old ways. https://www.ttbonline.gov/colasonline/viewColaDetails.do?action=publicFormDisplay&ttbid=14274001000012

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Interesting. Maybe they consider that additional aging onsite means it is not a product of Canada.

Gary

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I just looked over several of their cola's, and only one from 2010 shows the "product of Canada" line.

https://www.google.com/?gws_rd=ssl#q=site:https://www.ttbonline.gov/colasonline+whistlepig&filter=0

I know they get the stuff in 250 gallon plastic totes, and they don't have much of a warehouse, just an old barn until they build a real warehouse. I suspect that the whole "finished in Bourbon barrels" thing is done only because they think it's a loophole that gets them out of the 5.36 (e) requirement. I'd be shocked if the finishing time was more than a few weeks and had any noticeable affect on the flavor of the whiskey.

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  • 4 months later...

Another good guy that I'll remove from my naughty list. Treaty Oak in Austin has sold a bourbon called Red Handed. It was playful on fact it was sourced whiskey, but did not comply with 5.36 d. New bottles and new label now do. Distilled in 3 different states.

post-334-1448982206067_thumb.jpg

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If compliance ever becomes a significant thing, I hope they'll add a provision stating that you can't misleadingly say a spirit was produced by some "Distilling Company" or the like if said enterprise did not in fact distill any of the contents.

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If compliance ever becomes a significant thing, I hope they'll add a provision stating that you can't misleadingly say a spirit was produced by some "Distilling Company" or the like if said enterprise did not in fact distill any of the contents.

There are hybrid companies. Here in OR I know of several that are producing their own whiskey and/or rum in a medium size batch still (and therefore qualify as a "Distilling Company") but their vodka is sourced GNS, which they filter and then dilute using local water.

I'll add to that - the reasons they cite for sourcing the GNS are 1) their batch still can't produce 95% alcohol spirit, and 2) the price of grain.

The biggest distiller of vodka in the state is Stein, which was started by a farming family that has 150 acres of wheat and rye going, and owns a big fancy still with two columns, a short one for whiskey and rum and a tall one for neutral spirit.

Edited by CorvallisCracker
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