ATF Ruling 94-5

The requirements in 27 C.F.R. 5.22(k)(3) provide that geographical names that are not names for distinctive types of distilled spirits, and that have not become generic, shall not be applied to distilled spirits produced in any other place than the particular place or region indicated in the name. The names "Armagnac," Calvados," and "Brandy de Jerez" are geographical names within section 5.22(k)(3) and shall not apply to distilled spirits products other than those produced in the particular place or region indicated by such names. Further, such "Armagnac" (France), "Calvados" (France), and "Brandy de Jerez" (Spain) must be produced in accordance with the regulations of the European Union and the laws of the Member States in which those products originate.

In recent negotiations concluding in an exchange of letters between the United States (US) and European Union (EU) regarding distilled spirits, the US agreed to restrict, within its regulatory framework of 27 C.F.R. 5.22 (or equivalent successor regulation) the use of the product designations "Armagnac," "Calvados," "Cognac," "Brandy de Jerez," "Irish whisky/Irish whiskey," and "Scotch whisky" to distilled spirits products of the Member States of the EU, produced in compliance with Council Regulation (EU) No. 1576/89 and with the laws of the Member States in which those products originate. Further, it is recognized that these products shall continue to be subject to all of the labeling requirements of the US for products imported into the US.

In like manner, the EU agreed to restrict, within its regulatory framework of Council Regulation (EU) No. 1576/89, Article 11 (or equivalent successor regulation), the use of the product designations "Bourbon," "Bourbon whisky/Bourbon whiskey," and "Tennessee whisky/Tennessee whiskey," to distilled spirits products of the US, produced in compliance with the laws and regulations (27 C.F.R. 5.22 or equivalent successor regulation) of the US. Further, it is recognized that these products shall continue to be subject to all of the labeling requirements of the EU for products imported into the EU.

The names "Cognac," "Irish whisky/Irish whiskey," and "Scotch whisky" are already restricted to products of France, Republic of Ireland or in Northern Ireland, and Scotland, respectively, by the standard of identity regulations for distilled spirits in 27 C.F.R. 5.22.

Section 5.22(k)(3) of the distilled spirits regulations establishes a standard of identity for products having geographical designations. Under this section, geographical names that are not distinctive types of distilled spirits, and that have not become generic, shall not be applied to distilled spirits produced in any other place than the particular place or region indicated in the name.

Held: The names "Armagnac," "Calvados," and "Brandy de Jerez" are geographical designations within section 5.22(k)(3) and shall not apply to distilled spirits products other than those produced in the particular place or region indicated by such name. Further, such "Armagnac" (France), "Calvados" (France), and "Brandy de Jerez" (Spain) must be produced in accordance with regulations of the EU and the laws of the Member States in which those products originate.

Held further: "Armagnac," "Calvados," "Cognac," "Brandy de Jerez," "Irish whisky/Irish whiskey," and "Scotch whisky" imported into the US shall continue to be subject to all of the labeling requirements for distilled spirits under 27 C.F.R. Part 5.

27 C.F.R. 5.22(k)(3): Class 11; geographical designations.