The legal framework for Scotch Whisky in the UK

There are strict legal provisions which govern how Scotch Whisky is made, marketed and exported. The SWA helps to enforce these rules across our global markets.

Scotch Whisky has been defined by statute in the United Kingdom since 1933. The current definition is set out in the Scotch Whisky Regulations 2009 (“the UK Law”), which gives Scotch Whisky the best and most comprehensive protection that it has enjoyed to date. It covers every aspect of the making, bottling, labelling and promotion of Scotch Whisky.

In addition to its statutory protection, Scotch Whisky is also a Geographical Indication protected in UK and EU law, and in other markets across the world. To support Scotch Whisky’s GI status, there is a Product Specification which sets out the reputation and characteristics associated with Scotch Whisky and its main legal requirements. The Product Specification has the force of law and can be found here.

It is a requirement of all registered Geographical Indications that compliance with the Product Specification is checked by a verification authority. That verification authority is His Majesty’s Revenue & Customs (HMRC). Further details of the verification scheme can be found here.