Department for Environment, Food and Rural Affairs
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Protection of scotch whisky - UK Government plans
Hilary Benn, Secretary of State for Environment, Food and Rural Affairs, today announced the steps Government is taking to enhance the protection of Scotch whisky.
Defra will consult later this year on legislation that delivers tighter definitions of Scotch whisky in UK law, to help to support action against counterfeiting and passing off, as called for by the Scotch Whisky Association, with the expectation that secondary UK legislation will be possible by Spring 2008.
Hilary Benn said:
"This consultation exercise will take us another step closer to strengthening the UK legislation that the Scotch Whisky Association have been telling us they need to help them protect Scotch whisky in export markets.
"The proposed legislation will make special provisions relating to Scotch whisky. The proposals will define tightly the descriptions applied to Scotch whisky - for example "single malt" or "blended grain". They will also tightly define its 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."
Des Browne, the Secretary of State for Scotland, said:
"This is another example of the UK Government working in a reserved area to protect one of Scotland's most important exports
"Scotch Whisky exports are worth over £2 billion to the Scottish economy each year and the industry needs this proposed legislation to help maintain that figure and defend its high-value product from imitation in some overseas markets. The Scotch Whisky Association has welcomed our commitment to do this and the UK Government has been both committed and responsive to the industry's needs.
"The UK Government 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. I know Defra has been working hard on this proposed legislation and the Scotch Whisky Association will continue to contribute to that process."
Notes to Editors
1. Defra will consult on legislative proposals later this year with a view to enacting secondary UK legislation in Spring 2008.
2. The proposed UK legislation will put enforcement provisions in place to underpin the new EU Spirit Drinks Regulations and will cover 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 EU Spirit Drinks Regulations under WTO agreements.
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, Islay). Further protected regions may be added to the Regulations at a later date. Products will not be allowed to use protected regional names if they have not been wholly made in the 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.
* Prohibit the export of Single Malt Scotch Whisky unless it has been bottled and labelled.
End.
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