2. Product Categories

Whisky
EU

This section provides the regulatory definition of the food category in scope, or the appropriate food category for the product in scope. Additionally, it provides the food products that belong to this food category along with the definition and specific information on each of these types of food products.

2.1 Category Name & Definition

General Food [1]

Article 2 of Regulation (EC) No 178/2002 [1] defines food or foodstuff as any substance or product, whether processed, partially processed, or unprocessed, intended to be, or reasonably expected to be ingested by humans.

Category Name

Alcoholic Beverages 

Definition

Alcoholic beverages are drinkable liquids containing ethanol with their alcohol content varying according to specific standards [2]. Spirit drinks are part of the alcoholic beverages, which also includes other categories such as wine and beer.

A spirit drink is an alcoholic beverage which complies with the following requirements [3]:

1. it is intended for human consumption;
2. it possesses particular organoleptic qualities;
3. it has a minimum alcoholic strength by volume of 15 %, except in the case of spirit drinks that comply with the requirements of category 39 of Annex I;
4. it has been produced either:
   1. directly by using, individually or in combination, any of the following methods: 
      • distillation, with or without added flavorings or flavoring foodstuffs, of fermented products,
      • the maceration or similar processing of plant materials in ethyl alcohol of agricultural origin, distillates of agricultural origin or spirit drinks or a combination thereof,
      • the addition, individually or in combination, to ethyl alcohol of agricultural origin, distillates of agricultural origin, or spirit drinks of any of the following:
        • flavorings used in accordance with Regulation (EC) No 1334/2008 [4]
        • colors used in accordance with Regulation (EC) No 1333/2008 [5]
        • sweetening products,
        • other agricultural products,
        • foodstuffs; or
        • other authorized ingredients used in accordance with Regulation (EC) No 1333/2008 [5] and (EC) No 1334/2008 [4],
   2. by adding, individually or in combination, to it any of the following:
      • other spirit drinks,
      • ethyl alcohol of agricultural origin,
      • distillates of agricultural origin,
      • other foodstuffs;
5. it does not fall within CN codes 2203, 2204, 2205, 2206, and 2207;
6. if water, which may be distilled, demineralized, permuted, or softened, has been added to its production:
   1. the quality of that water complies with Council Directive 98/83/EC (15) and Directive 2009/54/EC of the European Parliament and of the Council (16); and
   2. the alcoholic strength of the spirit drink, after the addition of the water, still complies with the minimum alcoholic strength by volume provided for in point (c) of this Article or under the relevant category of spirit drinks as set out in Annex I.

2.2 Product & Definition

Whisky [1]

Definition

Whisky or whiskey is a spirit drink produced exclusively by carrying out all of the following production operations: 

1. distillation of a mash made from malted cereals, with or without whole grains of unmalted cereals, which has been: 
   • saccharified by the diastase of the malt contained therein, with or without other natural enzymes,
   • fermented by the action of yeast;
2. each and every distillation is carried out at less than 94,8 % vol. so that the distillate has an aroma and taste derived from the raw materials used;
3. maturation of the final distillate for at least three years in wooden casks not exceeding 700 liters capacity.
   

Specifications/Target Age

The minimum alcoholic strength by volume of whisky or whiskey shall be 40 %.

The legal name of ‘whisky’ or ‘whiskey’ may be supplemented by the term ‘single malt’ only if it has been distilled exclusively from malted barley at a single distillery.

The product is reserved for adult people.

Additional Information

Both the names "whisky" and "whiskey" can be used. 

2.3 References

1. Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority, and laying down procedures in matters of food safety

https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX%3A32002R0178

2. EU Knowledge For Policy on Alcoholic Beverages

https://knowledge4policy.ec.europa.eu/health-promotion-knowledge-gateway/alcoholic-beverages_en#:~:text=References-,Defining%20alcoholic%20beverages,substance%3B%20psychotropic%20drugs)%20effects 

3. Regulation (EU) 2019/787 of the European Parliament and of the Council of 17 April 2019 

http://data.europa.eu/eli/reg/2019/787/2024-05-13

4. Regulation (EC) 1334/2008 of the European Parliament and of the Council of 16 December 2008

http://data.europa.eu/eli/reg/2008/1334/2025-02-19

5. Regulation (EC) 1333/2008 of the European Parliament and of the Council of 16 December 2008

http://data.europa.eu/eli/reg/2008/1333/2024-12-16