It’s common knowledge that whiskey gets its color and most of its flavor from the process of barrel aging. Barrel aging is one of the defining characteristics of the spirit, but is that process necessary for any liquor to be classified as whiskey?
Every country that produces the spirit has its own unique set of laws that dictate whiskey production. Many of these restrictions extend to barrel aging and can regulate how long a whiskey is aged, how each bottle needs to be labeled, and even what types of wood it can be aged in.
Phrases like “straight bourbon whiskey” and “bottled in bond” aren’t just marketing hooks, they are legally defined terms. If you see “straight Kentucky bourbon whiskey” on a label, that means that the distillers had to follow a set of rules to use that term.
Looking at every country’s regulations for producing whiskey would fill a book. Thankfully, American whiskey is about as heavily regulated as anywhere in the world and provides a perfect case study to answer the question of whether or not whiskey actually has to be barrel-aged.
Whiskey laws
To understand why whiskey production is so heavily regulated in the U.S., we have to look at when the industry was a bit more loose.
“Go back to the 19th and early 20th century rectifiers and the people who would add different kinds of coloring and flavoring and different substances to whiskey, or even just great neutral spirits to sell it as whiskey,” says Susan Reigler, author and director for whiskey education for Buzzard’s Roost whiskey. “That sort of nonsense went on up until the Bottled in Bond Act of 1897.”
The Bottled in Bond Act of 1897 was the first federal legislation that imposed strict production standards on whiskey. The law essentially states that to be labeled bottled in bond, the whiskey has to be produced from a single distillery during a single distilling season. The whiskey must also be aged in oak barrels in a federally bonded warehouse under government supervision for at least four years. Bottled in bond whiskey must also be bottled at 100 proof.
In 1909, President William Howard Taft amended the Pure Food and Drug Act of 1906 to further clarify the legal definition of whiskey. The Taft Decision defined the term straight whiskey, which refers to a whiskey that is barrel-aged for a minimum of two years and made from nothing but grain, yeast, and water.
One of the most important regulations is enforcing a minimum age statement.
“Straight bourbon is required to be aged a minimum of two years in new charred oak barrels, unlike other global whiskey offerings that can be aged in previously used barrels, resulting in a more intense impact from the wood on the whiskey,” says Danny Kahn, the master distiller and distillation and aging operations director at Buffalo Trace Distillery.
While fighting the rectifiers, the U.S. developed some of the world’s strictest laws for aging whiskey. “We have regulations on distillation proof, and what type of barrels we age in. If we were to make a rye whiskey but age it in a used cask, it is no longer a rye whiskey, it is now a whiskey distilled from a rye mash,” says Kate Douglas, the distiller at Keeper’s Heart Whiskey.
One of the most important regulations is enforcing a minimum age statement.
“If the whiskey bottle does have an age statement, nothing in that blend can be younger than the age statement,” says Kahn. “For example, if you have 1,000 barrels at 20 years old and one at four years old, one could age statement the bottle at four years old or have no age statement at all. You cannot use an average or use the majority.”
Because of this, consumers always know the age of the youngest whiskey blended into a bottle.
All of these rules are overseen by the Alcohol Tobacco Tax and Trade Bureau (TTB) which has to approve the labeling of any distilled spirits sold in the U.S. Distilleries have to report to the TTB, which enforces the rules placed on the many different recognized types of whiskey.
The grey areas of whiskey regulation
Taking all of that into consideration, can an unaged spirit be bottled and sold as whiskey? The answer is a bit complicated.
Technically, to be considered a whiskey, the spirit must spend at least some time maturing in a wooden container. The specific rules vary between straight bourbon, rye, and other types of whiskey, but all whiskeys are required to touch wood.
As with many laws, there are some loopholes.
“You could take your new make off the still, put it in the barrel, immediately dump it, and now you’re entitled to call it whiskey,” says Reigler.
Douglas further adds, “Some will interpret the law as the whiskey that passes through a barrel, others will say that it needs to sit in a barrel for at least an hour.”
Technically, to be considered a whiskey, the spirit must spend at least some time maturing in a wooden container. The specific rules vary between straight bourbon, rye, and other types of whiskey, but all whiskeys are required to touch wood.
There are regulations in place to avoid any obfuscation from whiskey producers, however. “If the bourbon is aged for less than four years, it must have an age statement somewhere on the bottle telling the buyer how long it was aged,” says Kahn.
Because of this, most distillers will age their whiskey for at least four years to avoid having to put a minimum age statement.
Some producers seem to enjoy pushing boundaries.
“I’ve seen some age statements like that, where they’ll give you months instead of years to make it look older,” says Reigler. “Maybe you’re just glancing at it on the shelf and think ‘oh, wow, how wonderful. An 18-year-old bourbon,’ and then you take a closer look and find out it’s only aged 18 months.”
Unaged whiskey is sold in the U.S., but it’s usually labeled as white dog, which is just American whiskey jargon for unaged distillate. Buffalo Trace, for example, bottles three of their different whiskey mash bills to allow the distillery’s fans to try what their whiskey tastes like before it’s aged. Even though it’s made from the exact same grains and yeast, and distilled the same way as whiskey, it can’t be labeled as such because it never rested in a wooden container.
So, does American whiskey have to be barrel-aged? Technically yes, but as long as the bottle is labeled correctly, the spirit only has to make brief contact with any wood to be considered whiskey.
