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Classification of a rye dog/moonshine/white


rtshfd

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We're intending on producing a nice rye whiskey for new oak barrels but would like to sell an offshoot brand of "moonshine" using the newmake of the same recipe. I'm trying to formulate/cola this and I'm stumped on what to classify it. Whisky from rye mash? We're not using any barrels at all for the clear stuff. obviously not a rye whiskey then.

I'm guessing this will be a specialty class spirit. What's a reasonable statement what the TTB would be comfortable with? Unaged Rye Whiskey?

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The standard of identity for the class whiskey (class 2) includes a requirement that it be aged (unless it is corn whiskey and not all corn mashes make corn whiskey):

Class 2; whisky. “Whisky” is an alcoholic distillate from a fermented mash of grain produced at less than 190° proof in such manner that the distillate possesses the taste, aroma, and characteristics generally attributed to whisky, stored in oak containers (except that corn whisky need not be so stored), and bottled at not less than 80° proof ... "

That rules out label for whiskey for any whiskey other than corn whiskey that has not been stored in oak containers. Any labels that have been approved for such whiskey were approved in error. That, of course, never happens.

Beware - corn whiskey is a type of the class whiskey. It is defined as: "whisky produced at not exceeding 160° proof from a fermented mash of not less than 80 percent corn grain, and if stored in oak containers stored at not more than 125° proof in used or uncharred new oak containers and not subjected in any manner to treatment with charred wood; and also includes mixtures of such whisky.'

Next, the provisions requiring a class and type statement (5.35) say, ". The class and type of distilled spirits shall be stated in conformity with §5.22 if defined therein. In all other instances the product shall be designated in accordance with trade and consumer understanding thereof, or, if no such understanding exists, by a distinctive or fanciful name, and in either case (except as provided in paragraph (B)(2) of this section) followed by a truthful and adequate statement of composition.

The "shall be stated" wording is an instruction that removes options. read it to say, "must be stated." If you make a whiskey that conforms to the corn whiskey standard, then you must label it as corn whisky. You may not label it with the fanciful name moonshine or Rye Dog, etc.

If you make a product that is distilled from rye, or any grain mash other than one that meets the standard for corn whisky, as stated above, and do not store it in oak, it does not meet the standard for whiskey (corn or otherwise) or any other standard set forth in 5.22. Therefore, under 5.35, you must label it with a fanciful name immediately followed by a truthful and adequate statement of composition.

By the way, you do not enter a statement of class and type on the COLA application. TTB reserves for itself the right to screw that up. What you are looking for is a "fanciful name" that will satisfy TTB. Rye Dog would seem appropriate as a fanciful name if you use a mash that is 51% rye, but who knows how TTB will go with that.

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Couldn't a new make bourbon be called a corn whiskey if you bump it up to 80%? I'm assuming you're below that so I see the issue. Does that mean no "Whiskey" on the bottle?

Yes. We do that. And as long as you state that it is unaged corn whiskey as the type, you can have fanciful or brand names elsewhere like Moonshine or White Lightning, but they are not a type, and must be distinct from the type identification.

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But you may only label it corn whiskey if it meets the standard for corn whiskey - 80% more corn, distilled at 160 or less. Moonshine allows a lot of possibilities that corn does not. For example, in the classic moonshine sense, the addition of sugar. I once had a ruler - I don't know where ti went - that asked people to help catch moonshiners by reporting large purchases of sugar to the government.

I doubt that marketing effort encouraged many reports of stills in the hollows.

There is also the question of whether "Moonshine" might not be a better label, for your target consumer, than corn whiskey would be, i.e., whether you might deliberately keep corn to less than 80% to avoid "having" to call it corn, if TTB actually stumbled to what you were doing. But marketing isn't my forte, so I should probably stick to what the regulations say you must, can't or may (as opposed to" can") do.

That said, blustar, I don't know what rules, if any, TTB would go by when deciding whether to allow "moonshine" as a predominant feature on the brand label of a product identified, again predominantly, as the type "Corn Whiskey." I'll bet that could be all over the board.

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Yes, to be labeled as type "corn whiskey" it would have to meet the requirements of type corn whiskey.

That said, blustar, I don't know what rules, if any, TTB would go by when deciding whether to allow "moonshine" as a predominant feature on the brand label of a product identified, again predominantly, as the type "Corn Whiskey." I'll bet that could be all over the board.

None. They allow it, we do it, others do it. The type designation can be relatively small compared to the brand or fanciful name, so long as it is on the front label and of at least minimum size and clearly readable. Also, your fanciful name can not be at all likely to be misconstrued as a different type than designated. For example, you could not have a product designated as type corn whiskey, and have a brand name like "Dooger's Rye Whiskey". "Moonshine" and "White Lightning" are pretty safe bets.

I doubt having the "corn whiskey" designation in small type on the front would be a negative to most looking to buy something otherwise labelled as moonshine. But it is true that most people knowledgable about moonshine think of it as either 100% corn or a mixture of corn and sugar. Only the former could be "corn whiskey". And most think of it as something distilled to higher proof (~180), to give a cleaner flavor than most typical new make whiskey, and hence it would no longer be classified as a whiskey at all. That is why we labeled our unaged corn whiskey as "white lightning", although some consider that an equivalent term to "moonshine", others as a term for unaged whiskey.

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