What Makes Whiskey Bourbon

Have you ever wondered why some whiskeys are bourbon and others are not? It’s kind of like the old geometry thing — every square is a rectangle, but not every rectangle is a square. Simply put, bourbon is a type of whiskey, but not all whiskeys are classified as bourbon.

Bourbon Has a Legal Definition

Yep, believe it or not, bourbon is not what the marketers decide it is. It has to adhere to the legal definition put in place by the U.S. Congress on May 4, 1964 to use the word bourbon on its label.

The U.S. Congress acknowledged the six things that make bourbon a bourbon according to Title 27 of the Code of Federal Regulations when it recognized bourbon as a “distinct product of the United States.”

Title 27 of the Code of Federal Regulations

(b) Class 2; whisky. “Whisky” is an alcoholic distillate from a fermented mash of grain produced at less than 190° proof in such manner that the distillate possesses the taste, aroma, and characteristics generally attributed to whisky, stored in oak containers (except that corn whisky need not be so stored), and bottled at not less than 80° proof, and also includes mixtures of such distillates for which no specific standards of identity are prescribed.

(1)

  (i) “Bourbon whisky”, “rye whisky”, “wheat whisky”, “malt whisky”, or “rye malt whisky” is whisky produced at not exceeding 160° proof from a fermented mash of not less than 51 percent corn, rye, wheat, malted barley, or malted rye grain, respectively, and stored at not more than 125° proof in charred new oak containers; and also includes mixtures of such whiskies of the same type.

  (iii) Whiskies conforming to the standards prescribed in paragraphs (b)(1)(i) and (ii) of this section, which have been stored in the type of oak containers prescribed, for a period of 2 years or more may optionally be further designated as “straight”; for example, “straight bourbon whisky”, “straight corn whisky”, and whisky conforming to the standards prescribed in paragraph (b)(1)(i) of this section, except that it was produced from a fermented mash of less than 51 percent of any one type of grain, and stored for a period of 2 years or more in charred new oak containers may optionally be designated merely as “straight whisky”. No other whiskies may be designated “straight”. “Straight whisky” includes mixtures of straight whiskies of the same type produced in the same State.

Made in America

(2) “Whisky distilled from bourbon (rye, wheat, malt, or rye malt) mash” is whisky produced in the United States at not exceeding 160° proof from a fermented mash of not less than 51 percent corn, rye, wheat, malted barley, or malted rye grain, respectively, and stored in used oak containers; and also includes mixtures of such whiskies of the same type. Whisky conforming to the standard of identity for corn whisky must be designated corn whisky.

Why do lawmakers make regulations sound so complicated? I don’t know. But here’s a straightforward summary minus the legalese of the 6 things that make whiskey bourbon

Did you already know the difference between bourbon and whiskey? Or did you learn something today? Leave a comment and let me know.