UK Statutory Instrument SI 2009 United Kingdom

Scotch Whisky Regulations 2009

These Regulations impose additional national requirements in relation to Scotch Whisky in addition to the requirements that apply to Scotch Whisky by virtue of Regulation (EC) No 110/2008 (OJ No L 39, 13.2.2008, p 16) of the European Parliament and of the Council on the definition, description, presentation, labelling and …

Read it on legislation.gov.uk (opens in a new tab)
Status
In Force
Penalty ceiling
Prosecution 1 of 17 obligations carry a criminal penalty. 1 carries different penalties and 15 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person13

Plus 4 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2340 other Acts

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

s.005 Manufacture Regulated
  • Do not produce non-Scotch whisky in ScotlandAny Person
s.006 Marketing Regulated
  • Do not label, sell or market a drink as Scotch Whisky unless it is genuineAny Person
s.007 Movement from Scotland to another country Regulated
  • Do not move certain Scotch whiskies from Scotland in wooden casks (Single Malt must be bottled)Any Person
s.008 Compulsory sales descriptions Regulated
  • Label Scotch whisky packaging with correct category sales descriptionAny Person
s.009 Names of distilleries and distillers etc. Regulated
  • Prevent misleading branding or presentation of Scotch whisky originAny Person
s.010 Locality and region geographical indications Regulated
  • Don't misuse protected locality or region names in whisky marketingAny Person
s.011 Use of the words ‘pure’ and ‘malt’ and derivations Regulated
  • Don't use 'pure malt' or its derivations on Scotch WhiskyAny Person
s.012 Maturation, age and distillation statements Regulated
  • Ensure accurate age and distillation statements on Scotch WhiskyAny Person
s.017 Appointment of officers Regulated
Other duties (1) — Crown / regulator
  • Food and port health authorities must appoint enforcement officersLocal authority
s.018 Duty to give assistance and provide information Regulated
Other duties (1) — Crown / regulator
  • Enforcement authorities must provide reasonable assistance and information to each otherStatutory regulator
s.019 Powers of entry Regulated
Other duties (1) — Crown / regulator
  • Authorised officers must follow entry safeguards when entering premisesStatutory regulator
s.020 Powers of an authorised officer Regulated
  • Comply with an authorised officer's direction to leave items undisturbedAny Person
s.021 Procedure on seizure Regulated
Other duties (1) — Crown / regulator
  • Enforcement authority must follow seizure notice and claim proceduresStatutory regulator
s.022 Improvement notices Regulated
  • Comply with any improvement notice you receiveAny Person
s.026 Obstruction Regulated
  • Do not obstruct Food Standards Scotland officers; cooperate with requestsAny Person
s.027 Offences Regulated
  • Breach the listed Scotch whisky production, labelling or enforcement obligationsAny Person
s.028 Fines Prosecution
  • Commit an offence under the Scotch Whisky RegulationsAny Person

Unlimited fine

37 other provisions — procedural and definitional
s.001 Title, commencement and application
s.001 Seriousness of the non-compliance. (opens in a new tab)
s.002 Repeal and revocation
s.002 Financial harm to consumers. (opens in a new tab)
s.003 Definition of “Scotch Whisky” and categories of Scotch Whisky
s.003 Financial harm to competitors. (opens in a new tab)
s.004 General interpretation
s.004 Duration of non-compliance. (opens in a new tab)
s.005 Evidence of intention behind the non-compliance. (opens in a new tab)
s.006 History of non-compliance of the person (“P”) to whom the... (opens in a new tab)
s.007 Financial gain made by P as a result of the... (opens in a new tab)
s.008 Financial resources of P. (opens in a new tab)
s.009 Size of P’s business. (opens in a new tab)
s.010 Availability of the non-compliant product, including the number of retail... (opens in a new tab)
s.011 Where P is a retailer with a number of retail... (opens in a new tab)
s.012 The conduct of P after the non-compliance is drawn to... (opens in a new tab)
s.013 Transitional provisions relating to labelling and packaging
s.013 Previous action taken by the enforcement authority to help P... (opens in a new tab)
s.014 Transitional provisions relating to advertising and promotion
s.015 Designation
s.016 Enforcement
s.023 Appeals against improvement notices
s.024 Powers relating to appeals
s.025 Publication of notices
s.029 Offences by bodies corporate etc.
s.030 Default of third person
s.031 Defences
s.032 Giving of penalty notice for penalty offence
s.033 Contents and form of penalty notice
s.034 Amount of penalty
s.035 Restriction on proceedings for penalty offence
s.036 Payment of penalty
s.037 Certificate of payment or non-payment of a penalty
s.038 Penalty receipts
s.039 Withdrawal of penalty notice
s.040 Civil remedy
s.041 Giving of notices
Schedules

Schedules

0 of 4 shown
4 other schedules
s.sch003 Regulation 10(1) does not apply where the name of a...
s.sch003 Regulation 10(1) does not apply where the name of a...
s.sch003 In relation to a Blended Malt Scotch Whisky, a Blended...
s.sch003 Regulation 10(1) does not apply where a brand owner refers...

Help complying

Guvnor’s practical routes through this instrument.

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Get approved and pay duty as an alcohol producer: beer, spirits, wine and cider

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.