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5.36 (d) update


wadewood
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As most here know, it's been my goal (and Chuck's and Steve Ury and many others) to see that all properly follow 27 CFR 5.36 (d) federal law. In a nutshell, this law says for certain types of whiskies made in the US, the actual State of Distillation must be on the label. I think the tide has finally turned. Templeton did an about face and now have Distilled in IN on the label. Whistlepig recently surrendered some labels and now have a label approval that says Distilled in IN. I occasionally go through the TTB label database and look at new whiskey label approvals. In the past 3 months very few have gone through that look questionable.

There is a DC law firm that specializes in dealing with the TTB. They also submit many labels to the TTB for approval. They have a blog here - http://www.bevlaw.com/bevlog/. I traded some emails with principle starting a few months back and they are now well aware of the 5.36 (d) requirement. Recently, they told me the TTB is definitely enforcing 5.36 (d) in a big way.

There are still many existing labels out there that were approved prior to this that I'd like to see corrected. Some producers seem to think if the TTB approved your label, that they are golden. Not true; you can turn in a falsified IRS return and the IRS may accept it but later down the road you could be audited and in big trouble. Same thing with the labels; they are submitted under penalty of perjury that all information is truthful and correct and complies with all federal laws.

Edited by wadewood
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Sweet ... is someone compiling a list that we can add to of noncompliant labels?
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Thank you for the update, Wade.

I looked at your spreadsheet, checked the Oregon bottlings. In fact the back label for 4 Spirits does state, at the very bottom, in small letters "Imported from Indiana". Mind you, I'm not defending this outfit; I consider it odious to exploit patriotism for profit.

As for Burnside Bourbon (Eastside Distilling, Portland), there might be a small amount of locally produced bourbon mixed with the sourced (if this is the case then that's another labeling violation, I believe). They've been running a small still for a number of years, and I've actually seen it producing bourbon. However, there is no way this little still could have produced all the bourbon and rum that they've bottled over the last several years.

They've recently opened a second facility with a reputedly larger still. I've not yet been there.

It's a very secretive outfit.

Edited by CorvallisCracker
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I looked at your spreadsheet, checked the Oregon bottlings. In fact the back label for 4 Spirits does state, at the very bottom, in small letters "Imported from Indiana".

Good catch, I'll remove that one.

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Thanks Wade. Looks like quite a few Texas micros on that list.

Including the one he blind tasted with last weekend. But, yes, too many Texas micros prey on Texans' state pride. We do enjoy our local products here, but most consumers don't realize their local whiskey isn't local at all.

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Excellent, Wade. I like the "Other mistakes" column. As a sergeant of mine said, "One thing at a time, dammit!" Maybe some day some of us will lighten your load by taking on things like 'Whistling Andy" allegedly Straight bourbon from Bigfork, Montana. It may be distilled there from 100% Montana grain, but as I recall, its label does NOT disclose that it is three years old instead of four (as required by 5.40(a) if they want to use the word "Straight" with NAS). I'm still waiting for a response to my submission to the TTB circa February 2014. Guess it's time to follow up. Thank you for the reminder.

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The Kinsey whiskies from PA are suspect all around. I saw them in the state stores and they look terribly gross. The rye was cloudy with chunks floating in it. The "whiskey" they peddle claims it's 7 years old, but is lighter and more yellow in color than Mellow Corn. The stuff looks foul. Labelling is an absolute minimum on the bottles too.

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The Kinsey whiskies from PA are suspect all around. I saw them in the state stores and they look terribly gross. The rye was cloudy with chunks floating in it. The "whiskey" they peddle claims it's 7 years old, but is lighter and more yellow in color than Mellow Corn. The stuff looks foul. Labelling is an absolute minimum on the bottles too.

Agreed. Everything about this presentation screams rotgut.

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What surprises me about the Kinsey products is it's a project that Rob Cassell of Philadelphia Distilling is heavily involved with. You would expect better from something he's got his hands in!

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  • 2 years later...

Just looked at the spreadsheet and see nothing but Texas producers.

 

????

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I'll quote myself below from two years ago.  The more things change....

 

2 minutes ago, CorvallisCracker said:

Just looked at the spreadsheet and see nothing but Texas producers.

 

????

On 1/15/2015 at 3:15 PM, dcbt said:

Including the one he blind tasted with last weekend. But, yes, too many Texas micros prey on Texans' state pride. We do enjoy our local products here, but most consumers don't realize their local whiskey isn't local at all.

 

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44 minutes ago, dcbt said:

I'll quote myself below from two years ago.  The more things change....

 

 

 

As recently as last summer, there were NON-Texas producers on the spreadsheet. My point was: where have THOSE gone?

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