The Scotch Whisky Order 1990

• Citation: S.I. 1990/998
• Sections: 4

Section 1 Title, extent and commencement

This Order, which may be cited as the Scotch Whisky Order 1990, shall apply in Great Britain and shall come into force on 1st June 1990.

Section 2 Interpretation

In this Order, unless the context otherwise requires—

“ the Act ” means the Scotch Whisky Act 1988;

“excise warehouse” has the meaning assigned to it by section 1(1) of the Customs and Excise Management Act 1979 .

Section 3 Definition of Scotch whisky

For the purpose of the Act “Scotch whisky” means whisky—

(a) which has been produced at a distillery in Scotland from water and malted barley (to which only whole grains of other cereals may be added) all of which have been—

(i) processed at that distillery into a mash;

(ii) converted to a fermentable substrate only by endogenous enzyme systems; and

(iii) fermented only by the addition of yeast;

(b) which has been distilled at an alcoholic strength by volume of less than 94.8 per cent so that the distillate has an aroma and taste derived from the raw materials used in, and the method of, its production;

(c) which has been matured in an excise warehouse in Scotland in oak casks of a capacity not exceeding 700 litres, the period of that maturation being not less than 3 years;

(d) which retains the colour, aroma and taste derived from the raw materials used in, and the method of, its production and maturation; and

(e) to which no substance other than water and spirit caramel has been added.

Section 4 Minimum alcoholic strength of Scotch whisky

For the purposes of section 2(1)(b) of the Act there is hereby specified the alcoholic strength of 40 per cent by volume (being also the minimum alcoholic strength by volume prescribed in relation to whisky/whiskey by Article 3(1) of Council Regulation ( EEC ) No 1576/89 laying down general rules on the definition, description and presentation of spirit drinks). .