English geographical bid for ‘single malt’ whisky status - and why it could ‘undermine’ Scotch

Here are answers to the questions on what the row is about, and what the push to change the definition of English whisky could mean.

Why is there a row between Scottish and English whisky?

There’s a potential battle brewing over a proposal to define English whisky as ‘single malt’ despite it not having to be made in one single distillery.

England is home to 55 registered whisky distilleries, with 45 of them active. In Scotland, there are over 150 distilleries, with more in the pipeline.

Scotland has also been distilling whisky for hundreds of years, and is known the world over for its whisky. This, in part, is to do with the strict guidelines put in place that ensure quality as well as geographical protection. This means that whisky from another country cannot be called Scotch whisky.

This geographical indication status protects a product’s name and quality based on origin and can be applied to food, drink and agricultural products.

What are the rules around single malt Scotch whisky?

The rules that those making Scotch whisky, including single malt, need to adhere to are: Scotch Whisky must, by law, be mashed, fermented, distilled and matured in Scotland in oak casks for at least three years and bottled at a minimum alcoholic strength of 40 per cent abv.

For a Scotch whisky to be called a single malt whisky, it needs to adhere to the above with mashing, fermenting, distilling and maturing taking place at one distillery in Scotland.

This robust legal protection of Scotch is there to safeguard a spirit globally renowned for its quality and is overseen by the Scotch Whisky Association (SWA). The first definition of Scotch in UK law came about in 1933, with a dedicated Scotch Whisky Act in 1988 and new Scotch Whisky Regulations in 2009.

How will a new definition of English single malt whisky ‘undermine’ Scotch?

The proposal that is being considered by the UK government would mean that English ‘single malt’ could be mashed, fermented and matured in different English locations - not the one distillery.

This could drastically cut the costs of making whisky for distillers in England, but the SWA and some MSPs have highlighted the definition is “inconsistent” with the reputation of single malt whisky and would “undermine” the single malt Scotch whisky category, based on being damaging to the established process.

In comparison, American whiskey is now a recognised category with rules around how it is made. According to the TTB [Alcohol and Tobacco Tax and Trade Bureau], to be labelled as "American Single Malt Whiskey" a product must be made entirely from 100 per cent malted barley, distilled at a single U.S. distillery to a proof of 160 or less, aged in oak barrels with a maximum capacity of 700 litres within the United States, and bottled at a minimum of 80 proof.

The use of caramel colouring is permitted if declared on the label, and "Straight" can be used for American Single Malt aged at least two years.

What has the Scotch Whisky Association (SWA) said?

A SWA spokesperson said: “The proposal to define ‘single malt’ English whisky only requires distillation at the single distillery location and not the creation of the spirit from malted barley at a single site. This is entirely inconsistent with the reputation of single malt whisky, which is famous for its integral connection to place, and would undermine the single malt Scotch whisky category.

“It would be very damaging for the reputation of single malt whisky from the UK, and by extension single malt Scotch whisky, if English whiskies were allowed to describe spirit as ‘single malt’ despite being produced in a different manner to the established process and long-standing traditions of the Scotch whisky industry.

“We will be responding formally to the DEFRA consultation to robustly defend against any devaluation of the single malt category.

What has the English Whisky Guild said?

A spokesperson for the English Whisky Guild said: “We are delighted to announce the publication of the geographical indication (GI) for English whisky, marking a significant milestone in our journey towards securing our own national whisky geographical indications that legally protect our whisky production. The GI underscores our commitment to quality, innovation and diversity of spirit.

“We are aware of the recent media statement from the Scotch Whisky Association (SWA) regarding the definition of single malt whisky within our GI. Ensuring quality and innovation are at the forefront of all we do, so it is vital for this fast-growing English whisky industry to receive GI status and legal protection.

“It is important to note that the English whisky GI allows companies to partner with local breweries, leveraging their brewing expertise to create innovative and distinct whiskies. This approach is consistent with practices in other global whisky-producing regions, including the US, which requires all production processes to take place in the United States.

“The EU also follows similar standards, and in the UK, the single malt Welsh whisky aligns with our GI characteristic of being distilled at a single distillery. These differing standards support the creation of quality whisky while fostering innovation and differentiation in each country. English whisky uniquely combines the innovation of New World whisky with the craftsmanship of UK manufacturing, positioning it perfectly in the market.

“While ‘single’ whisky can be complex legislatively, for consumers, we believe it is simpler. Think of it as the contrast between black and white. ‘Single’ means whisky from one distillery, while ‘blended’ comes from several. Helping consumers understand the whisky's origin.

“We agree with the SWA that provenance and a sense of place is a critical element of whisky. Our GI requires all grain to be sourced from the UK, which is unique across the four UK whisky nations and supports our local farmers. Many of our members also grow their own barley as well as brewing and distilling themselves. We believe our GI ensures each bottle of English whisky embodies the essence of its origin.

“We look forward to engaging in the DEFRA consultation process, alongside SWA and other interested parties, to ensure that the standards for English whisky are robust and reflective of our commitment to quality, innovation and diversity which is the backbone of English whisky.”

How has the Scottish Government responded?

In First Minister’s Questions on Thursday, Emma Harper MSP asked if John Swinney was as ‘outraged’ as she was at the UK government consultation on English whisky and called it an “inferior whisky product”.

She said: “Does the First Minister share my disbelief and outrage regarding the UK government consulting on giving English whisky a geographical indication - the same definition as Scottish single malt? If approved, this move, entirely enabled by Brexit, would trample on the reputation and tradition of our whisky industry and Scottish brand.

“Does he also agree with the Scotch Whisky Association that the integrity of our single malt would be damaged by an inferior whisky product, potentially harming industry, jobs and trade, including in the new distilleries in the south of Scotland and indeed across wider Scotland?”

Mr Swinney replied: “I share the concerns that have been expressed by Emma Harper and they’ve also been expressed by the Scotch Whisky Association who I know understand, promote and engagement substantially across Parliament about the importance of the designation of Scotch whisky, which enables it to have such a powerful position within the international marketplace. I can assure Emma Harper that will make the necessary representations on this issue to protect the identity and character of Scotch whisky.”

How has the UK government responded?

A UK government spokesman said: “No decisions have been made on whether to recognise English whisky as a geographical indication - the application process is ongoing.”

Brief history of Scotch whisky

Whisky has been distilled in Scotland for more than 500 years. As King Henry VII was dissolving monasteries in Scotland, it is thought that he forced monks to begin whisky distillation in farms and the practice rapidly spread from there.

However, the Scotch Whisky Experience notes “it has never been proved that Highland farmers did not themselves discover how to distil spirits from their surplus barley”.