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George Dickel's exemption from the Lincoln County process


perfection
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When the Lincoln County Process became mandatory for Tennessee whiskies, George Dickel was exempted.

Could somebody tell me whether this exemption is valid for their existing brands or even their new brands should they create any after the date of the Lincoln County regulation?

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Didn't realize Dickel was exempted. I know Pritchard was but they are not a major player anyway. It was somewhat controversial at the time but I don't know if it was ever changed. Mostly because I didn't care!

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On 7/15/2021 at 12:25 PM, perfection said:

When the Lincoln County Process became mandatory for Tennessee whiskies, George Dickel was exempted.

Could somebody tell me whether this exemption is valid for their existing brands or even their new brands should they create any after the date of the Lincoln County regulation?

I don’t know if they hold some sort of legal exception that would allow them to not use it if they chose to. But they do currently use the LCP

 

 

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Dickel can call their whiskey bourbon if they want to, but can only call their product Tennessee Whiskey if it is made using the LCP. Many of the products on store shelves today under various NDP labels have been sourced from Dickel and were made using the LIncoln County Process. Most of these NDP products are labeled as bourbon because they aren’t completely produced in Tennessee or the NDP chooses not to call their product Tennessee Whiskey. Also, as Bruce mentioned above, Prichard’s has the only exemption from the LCP, so they can still call their products Tennessee Whiskey without using the LCP if they want to.

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When was the exemption supposedly granted for Dickel? Could it have been while or because they were distilling at  frankfort during prohibition?

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TN Code Section 57-2-106

 

(a) An intoxicating liquor may not be advertised, described, labeled, named, sold or referred to for marketing or sales purposes as "Tennessee Whiskey," "Tennessee Whisky," "Tennessee Sour Mash Whiskey," or "Tennessee Sour Mash Whisky" unless the intoxicating liquor is:

(1) Manufactured in Tennessee;

(2) Made of a grain mixture that is at least fifty-one percent (51%) corn;

(3) Distilled to no more than one hundred sixty (160) proof or eighty percent (80%) alcohol by volume;

(4) Aged in new, charred oak barrels in Tennessee;

(5) Filtered through maple charcoal prior to aging;

(6) Placed in the barrel at no more than one hundred twenty-five (125) proof or sixty-two and one half percent (62.5%) alcohol by volume; and

(7) Bottled at not less than eighty (80) proof or forty percent (40%) alcohol by volume.

 

(b) Any manufacturer who violates this section shall be subject to suspension or revocation of its license for a period of not less than one (1) year.

 

(c) Subdivision (a)(5) shall not apply to intoxicating liquor manufactured at a distillery located in a county that authorized the manufacturing process by referendum after January 1, 1979, and prior to January 1, 1980; provided, however, that any such distillery was first licensed by the state alcoholic beverage commission after January 1, 2000, and before January 1, 2001.

(d) (1) Any Tennessee corporation, limited liability company or proprietorship that holds a federal distiller basic permit pursuant to 27 U.S.C. § 204 and had a licensed manufacturing operation in this state as of January 1, 2013, may label, market and sell any product owned or contracted to purchase by such permit holder on or after July 1, 2013, for a period of thirty-six (36) months; provided, however, that any product manufactured at such distillery after July 1, 2013, shall meet all the requirements of subsection (a) to be advertised, described, labeled, named, sold or referred to for marketing or sales purposes as "Tennessee Whiskey," "Tennessee Whisky," "Tennessee Sour Mash Whiskey," or "Tennessee Sour Mash Whisky".

(2) This subsection (d) shall apply to any product that is referred to as "Tennessee Whiskey," "Tennessee Whisky," "Tennessee Sour Mash Whiskey," or "Tennessee Sour Mash Whisky" under 27 CFR part 5 on July 1, 2013.

 

[emphasis mine]

 

I assume (c) [the exception to (a)(5) requiring the LCP] refers to Prichard's distillery. I find it hard to believe that Dickel was first licensed after Jan. 1, 2000.

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