Restrictions on Labeling of Intoxicating Liquors as Tennessee Whiskeys
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An intoxicating liquor may not be advertised, described, labeled, named, sold or referred to for marketing or sales purposes as “Tennessee Whiskey,” “Tennessee Whisky,” “Tennessee Sour Mash Whiskey,” or “Tennessee Sour Mash Whisky” unless the intoxicating liquor is:
Manufactured in Tennessee;
Made of a grain mixture that is at least fifty-one percent (51%) corn;
Distilled to no more than one hundred sixty (160) proof or eighty percent (80%) alcohol by volume;
Aged in new, charred oak barrels in Tennessee;
Filtered through maple charcoal prior to aging;
Placed in the barrel at no more than one hundred twenty-five (125) proof or sixty-two and one-half percent (62.5%) alcohol by volume; and
Bottled at not less than eighty (80) proof or forty percent (40%) alcohol by volume.
Any manufacturer who violates this section shall be subject to suspension or revocation of its license for a period of not less than one (1) year.
Subdivision (a)(5) shall not apply to intoxicating liquor manufactured at a distillery located in a county that authorized the manufacturing process by referendum after January 1, 1979, and prior to January 1, 1980; provided, however, that any such distillery was first licensed by the state alcoholic beverage commission after January 1, 2000, and before January 1, 2001.
Any Tennessee corporation, limited liability company or proprietorship that holds a federal distiller basic permit pursuant to 27 U.S.C. § 204 and had a licensed manufacturing operation in this state as of January 1, 2013, may label, market and sell any product owned or contracted to purchase by such permit holder on or after July 1, 2013, for a period of thirty-six (36) months; provided, however, that any product manufactured at such distillery after July 1, 2013, shall meet all the requirements of subsection (a) to be advertised, described, labeled, named, sold or referred to for marketing or sales purposes as “Tennessee Whiskey,” “Tennessee Whisky,” “Tennessee Sour Mash Whiskey,” or “Tennessee Sour Mash Whisky”.
This subsection (d) shall apply to any product that is referred to as “Tennessee Whiskey,” “Tennessee Whisky,” “Tennessee Sour Mash Whiskey,” or “Tennessee Sour Mash Whisky” under 27 CFR part 5 on July 1, 2013.