WIREDGOV

UK Government launches consultation on protecting Scotch Whisky

DEPARTMENT FOR ENVIRONMENT, FOOD AND RURAL AFFAIRS News Release (497/07) issued by The Government News Network on 31 December 2007

Jeff Rooker, Minister for Sustainable Food and Farming at the Department for Environment, Food and Rural Affairs, today launched a UK-wide consultation on regulations to enhance the protection of Scotch Whisky - a prestigious and world-renowned product.

Defra is consulting on draft legislation that will deliver, in UK law, strengthened definitions of Scotch Whisky, to help support action against counterfeiting and passing-off, as called for by the Scotch Whisky Association, with the aim of introducing secondary UK legislation in Spring 2008.

Jeff Rooker, Minister for Sustainable Food and Farming said:

"I am very pleased that the UK Government has been able to work closely with the Scotch Whisky Association to produce draft regulations and launch a public consultation that will tighten UK legislation. This will help meet the industry's request to protect Scotch Whisky here and in global markets from counterfeit products and misleading practices. This consultation gives us the opportunity to ensure that the legislation we lay before Westminster Parliament provides the best protection to a product that has built up an international reputation for the highest quality whisky in the world."

The proposed legislation will make special provisions relating to Scotch Whisky and more tightly define the descriptions applied to it - for example "single malt" or "blended grain". These provisions will also tightly define Scotch Whisky's geographical provenance - such as Highland or Islay - and ensure that if the product uses the name of a distillery then it must also come from that distillery.

The Secretary of State for Scotland Des Browne said:

"Not only is Scotch Whisky one of our most iconic products, it is also economically hugely significant with exports worth £2.5 billion each year. This is why the UK Government acted when approached by the industry. Once the proposed legislation is enacted, Scotch Whisky, and in particular, Single Malt Scotch whisky, will be defined by law in Scotland, the UK, the EU and nearly every export market around the globe.

"The industry was always clear- only UK legislation could deliver this and I am proud that the UK Government is meeting the industry's needs . We will always act wherever possible to help Scottish concerns and we have a long tradition of working with the industry in overseas markets through our network of embassies and assisting them in international negotiations over trade matters."

Gavin Hewitt, Chief Executive of The Scotch Whisky Association (SWA), said:

"SWA members will be delighted the industry's international significance and important contribution to the economy have been recognised with new standalone Scotch Whisky Regulations. The legislation will put in place a robust and comprehensive legal framework for Scotch Whisky, improving its protection from unfair practices globally, and ensuring consumers receive clear and consistent product information."

Notes to editors

1. The consultation begins today and will last 12 weeks until 25 March 2008 with a view to enacting secondary UK legislation in June 2008.

2. The proposed UK legislation will put enforcement provisions in place to underpin the new EC Spirit Drinks Regulations and protection of the Scotch Whisky Geographical Indication.

3. The Scotch Whisky Association will use the existence of the UK legislation in legal action overseas where "Scotch Whisky" is defined by reference to UK Law. Scotch Whisky will be further protected in overseas markets under new EC Spirit Drinks Regulations under WTO agreements. This is very important to the industry as 90% of Scotch Whisky is exported to over 170 countries.

4. The proposed Regulations will:
* Define five categories of "Scotch Whisky" (Single Malt Scotch Whisky, Single Grain Scotch Whisky, Blended Scotch Whisky, Blended Malt Scotch Whisky and Blended Grain Scotch Whisky) and will require these category names to be used.
* Allow the five "Scotch Whisky" categories to be supplemented initially by one of five regional names (Highland, Lowland, Speyside, Campbeltown, and Islay). Further protected regions may be added to the Regulations at a later date. Products will not be allowed to use a protected regional name if they have not been wholly made in that region.
* Prohibit whisky from being labelled with the name of a distillery or a similar name if it is not a product of that distillery.
* Prohibit labelling, packaging, presentation or advertising suggesting that a single malt was made at a distillery other than the actual distillery where it was made (e.g. using made up company names).
* Require all Scotch Whisky to be wholly matured in Scotland.
* Prohibit the export from Scotland of Scotch Whisky in wooden casks to ensure it is wholly matured in Scotland.
* Prohibit the export of Single Malt Scotch Whisky unless it has first been bottled and labelled.

A parallel consultation for UK legislation covering all spirit drinks (including EC provisions relating to Scotch Whisky) to introduce obligatory enforcement arrangements for the new EC Spirit Drinks Regulations is also being launched today.

A copy of the consultation package on the Scotch Whisky Regulations can be found at http://www.defra.gov.uk/corporate/consult/whisky-regs08/index.htm

A copy of the parallel consultation package on the Spirit Drinks Regulations can be found at http://www.defra.gov.uk/corporate/consult/spirits-regs08/index.htm

Public enquiries 08459 335577;
Press notices are available on our website
http://www.defra.gov.uk
Defra's aim is sustainable development

End
Nobel House
17 Smith Square
London SW1P 3JR

Website http://www.defra.gov.uk