Standards of identity for the several classes and types of distilled spirits set forth in this section shall be as follows.

1. (1) Class 1--neutral spirits or alcohol. "Neutral spirits" or "alcohol" are distilled spirits produced from any material at or above 190 proof, and, if bottled, bottled at not less than 80 proof.

   1. (A) "Vodka" is neutral spirits so distilled, or so treated after distillation with charcoal or other materials, as to be without distinctive character, aroma, taste, or color.
   2. (B) "Grain spirits" are neutral spirits distilled from a fermented mash of grain and stored in oak containers.

2. (2) Class 2--whiskey. "Whiskey" 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 whiskey, stored in oak containers (except that corn whiskey 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. (A) "Bourbon whiskey," "rye whiskey," "wheat whiskey," "malt whiskey" or "rye malt whiskey" is whiskey produced at not exceeding 160 proof from a fermented mash of not less than 51% 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.
   2. (B) "Corn whiskey" is whiskey produced at not exceeding 160 proof from a fermented mash of not less than 80% corn grain, and if stored in oak containers stored at not more than 125 proof in used or uncharred new oak containers and not subjected in any manner to treatment with charred wood; and also includes mixtures of such whiskey.
   3. (C) "Straight whiskey": Whiskies conforming to the standards prescribed in subparagraphs (A) and (B) of this paragraph, which have been stored in the type of oak containers prescribed, for a period of two years or more shall be further designated as "straight"; for example, "straight bourbon whiskey," "straight corn whiskey" and whiskey conforming to the standards prescribed in subparagraph (A) of this paragraph, except that it was produced from a fermented mash of less than 51% of any one type of grain, and stored for a period of two years or more in charred new oak containers shall be designated merely as "straight whiskey." No other whiskies may be designated "straight." "Straight whiskey" includes mixtures of straight whiskies which, by reason of being homogeneous, are not subject to rectification tax under the Internal Revenue Code of the United States, and also mixtures of straight whiskies of the same type produced by the same proprietor at the same distillery all of which are not less than four years old.
   4. (D) "Whiskey" distilled from bourbon (rye, wheat, malt, or rye malt) mash is whiskey produced in the United States at not exceeding 160 proof from a fermented mash of not less than 51% 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. Whiskey conforming to the standard of identity for corn whiskey must be designated corn whiskey.
   5. (E) "Light whiskey" is whiskey produced in the United States at more than 160 proof, on or after January 26, 1968, and stored in used or uncharred new oak containers; and also includes mixtures of such whiskies. If "light whiskey" is mixed with less than 20% of straight whiskey on a proof gallon basis, the mixture shall be designated "blended light whiskey" (light whiskey--a blend).
   6. (F) "Blended whiskey" (whiskey--a blend) is a mixture which contains at least 20% of straight whiskey on a proof gallon basis and, separately or in combination, whiskey or neutral spirits. A blended whiskey containing not less than 51% on a proof gallon basis of one of the type of straight whiskey shall be further designated by that specific type of straight whiskey; for example, "blended rye whiskey" (rye whiskey--a blend).
   7. (G) "A blend of straight whiskies" (blended straight whiskies) is a mixture of straight whiskies. A blend of straight whiskies consisting entirely of one of the types of straight whiskey, and not conforming to the standard for "straight whiskey," shall be further designated by that specific type of straight whiskey; for example, "a blend of straight rye whiskies" (blended straight rye whiskies).
   8. (H) "Spirit whiskey" is a mixture of neutral spirits and not less than 5.0% on a proof gallon basis of whiskey, or straight whiskey, or straight whiskey and whiskey, if the straight whiskey component is less than 20% on a proof gallon basis.
   9. (I) "Scotch whiskey" is whiskey which is a distinctive product of Scotland, manufactured in Scotland in compliance with the laws of the United Kingdom regulating the manufacture of Scotch whiskey for consumption in the United Kingdom; provided, that if such product is a mixture of whiskey, such mixture is "blended Scotch whiskey" (Scotch whiskey--a blend).
   10. (J) "Irish whiskey" is whiskey which is a distinctive product of Ireland, manufactured either in the Republic of Ireland or in Northern Ireland, in compliance with their laws regulating the manufacture of Irish whiskey for home consumption; provided, that if such product is a mixture of whiskies, such mixture is "blended Irish whiskey" (Irish whiskey--a blend).
   11. (K) "Canadian whiskey" is whiskey which is a distinctive product of Canada, manufactured in Canada in compliance with the laws of Canada regulating the manufacture of Canadian whiskey for consumption in Canada; provided, that if such product is a mixture of whiskies, such mixture is "blended Canadian whiskey" (Canadian whiskey--a blend).
3. (3) Class 3--gin. "Gin" is a product obtained by original distillation from mash, or by redistillation of distilled spirits, or by mixing neutral spirits, with or over juniper berries and other aromatics, or with or over extracts derived from infusions, percolations, or maceration of such materials, and includes mixtures of gin and neutral spirits. It shall derive its main characteristic flavor from juniper berries and be bottled at not less than 80 proof. Gin produced exclusively by original distillation or by redistillation may be further designated as "distilled." "Dry gin" (London dry gin), "Geneva gin" (Hollands gin), and "Old Tom gin" (Tom gin) are types of gin known under such designations.

4. (4) Class 4--brandy. "Brandy" is an alcoholic distillate from the fermented juice, mash, or wine of fruit, or from the residue thereof, produced at less than 190 proof in such manner that the distillate possesses the taste, aroma, and characteristics generally attributed to the product, and bottled at not less than 80 proof. Brandy, or mixtures thereof, not conforming to any of the standards in subparagraphs (A)-(H) of this paragraph shall be designated as "brandy," and such designation shall be immediately followed by a truthful and adequate statement of composition.

   1. (A) "Fruit brandy" is brandy distilled solely from the fermented juice or mash of whole, sound, ripe fruit, or from standard grape, citrus, or other fruit wine, with or without the addition of not more than 20% by weight of the pomace of such juice or wine, or 30% by volume of the lees of such wine, or both (calculated prior to the addition of water to facilitate fermentation or distillation). Fruit brandy shall include mixtures of such brandy with not more than 30% (calculated on a proof gallon basis) of lees brandy. Fruit brandy, derived from grapes, shall be designated as "grape brandy" or "brandy," except that in the case of brandy (other than neutral brandy, pomace brandy, marc brandy or grappa brandy) distilled from the fermented juice, mash, or wine of grapes, or the residue thereof, which has been stored in oak containers for less than two years, the statement of class and type shall be immediately preceded, in the same size and kind of type, by the word "immature." Fruit brandy, other than grape brandy, derived from one variety of fruit, shall be designated by the word "brandy" qualified by the name of such fruit (for example, "peach brandy"), except that "apple brandy" may be designated "applejack." Fruit brandy derived from more than one variety of fruit shall be designated as "fruit brandy" qualified by truthful and adequate statement of composition.
   2. (B) "Cognac," or "Cognac grape brandy," is grape brandy distilled in the Cognac Region of France, which is entitled to be so designated by the laws and regulations of the French government.
   3. (C) "Dried fruit brandy" is brandy that conforms to the standard for fruit brandy except that it has been derived from sound, dried fruit, or from the standard wine of such fruit. Brandy derived from raisins or from raisin wine shall be designated as "raisin brandy." Other brandies shall be designated in the same manner as fruit brandy from the corresponding variety or varieties of fruit except that the name of the fruit shall be qualified by the word "dried." All forms of dried fruit brandy are prohibited. Reference should be made to §45.29 of this title (relating to Certain Products Prohibited).
   4. (D) "Lees brandy" is brandy distilled from the lees of standard grape, citrus, or other fruit wine, and shall be designated as "lees brandy," qualified by the name of the fruit from which such lees are derived.
   5. (E) "Pomace brandy," or "marc brandy," is brandy distilled from the skin and pulp of sound, ripe grapes, citrus or other fruit, after the withdrawal of the juice or wine therefrom, and shall be designated as "pomace brandy," or "marc brandy," qualified by the name of the fruit from which derived. Grape pomace brandy may be designated as "grappa" or "grappa brandy."
   6. (F) "Residue brandy" is brandy distilled wholly or in part from the fermented residue of fruit or wine, and shall be designated as "residue brandy" qualified by the name of the fruit from which derived. Brandy distilled wholly or in part from residue materials which conforms to any of the standards set forth in subparagraphs (A) and (C)-(E) of this paragraph may, regardless of such fact, be designated "residue brandy," but the use of such designation shall be conclusive, precluding any later change of designation.
   7. (G) "Neutral brandy" is brandy produced at more than 170 proof and shall be designated in accordance with the standards in this paragraph, except that the designation shall be qualified by the word "neutral"; for example, "neutral citrus residue brandy."

   8. (H) "Substandard brandy" shall bear as a part of its designation the word "substandard," and shall include the following:

      1. (i) any brandy distilled from fermented juice, mash, or wine having a volatile acidity, calculated as acetic acid and exclusive of sulphur dioxide, in excess of 0.20 gram per 100 cubic centimeters (20 degrees Celsius); measurements of volatile acidity shall be calculated exclusive of water added to facilitate distillation;
      2. (ii) any brandy which has been distilled from unsound, moldy, diseased, or decomposed juice, mash, wine, lees, pomace, or residue, or which shows in the finished product any taste, aroma, or characteristic associated with products distilled from such material; and
      3. (iii) all forms of substandard brandy are prohibited. (Reference should be made to §45.29 of this title (relating to Certain Products Prohibited)).
5. (5) Class 5--blended applejack. "Blended applejack" (applejack--a blend) is a mixture which contains at least 20% of apple brandy (applejack) on a proof-gallon basis, stored in oak containers for not less than two years, and not more than 80% of neutral spirits on a proof-gallon basis if such mixture at the time of bottling is not less than 80 proof, and also included mixtures solely from such distillates.
6. (6) Class 6--rum. "Rum" is an alcoholic distillate from the fermented juice of sugar cane, sugar cane syrup, sugar cane molasses, or other sugar cane by-products, produced at less than 190 proof in such manner that the distillate possesses the taste, aroma and characteristics generally attributed to rum, and bottled at not less than 80 proof; and also includes mixtures solely of such distillates.
7. (7) Class 7--tequila. "Tequila" is an alcoholic distillate produced in the State of Jalisco, Republic of Mexico, from a fermented mash derived principally from the agave tequilana weber ("blue" variety) grown in the same region, with or without additional fermentable substances, distilled in such manner that the distillate possesses the taste, aroma, and characteristics generally attributed to tequila and bottled at not less than 80 proof, and also includes mixtures solely of such distillates.
8. (8) Class 8--mescal. "Mescal" or "mescal tequila" is an alcoholic distillate not produced in the State of Jalisco, Republic of Mexico, produced from a fermented mash derived principally from the agave tequilana weber ("blue" variety), with or without additional fermentable substances, distilled in such manner that the distillate possesses the taste, aroma, and characteristics generally attributed to mescal and bottled at not less than 80 proof, also includes mixtures solely of such distillates.

9. (9) Class 9--cordials and liqueurs. Cordials and liqueurs are products obtained by mixing or redistilling distilled spirits with or over fruits, flowers, plants, or pure juices therefrom, or other natural flavoring materials, or with extracts derived from infusions, percolations, or maceration of such materials, and containing sugar, dextrose, or levulose, or a combination thereof, in an amount not less than 2-1/2% by weight of the finished product.

   1. (A) "Sloe gin" is a cordial or liqueur with the main characteristic flavor derived from sloe berries.
   2. (B) "Rye liqueur" and "bourbon liqueur" (rye, bourbon cordial) are liqueurs, bottled at not less than 60 proof, in which not less than 51%, on a proof gallon basis, of the distilled spirits used are, respectively, rye or bourbon whiskey, straight rye or straight bourbon whiskey, or whiskey distilled from a rye or bourbon mash, and which possess a predominate characteristic rye or bourbon flavor derived from such whiskey. Wine, if used, must be within the 2-1/2% limitation provided in §45.5 of this title (relating to Alteration of Class and Type) for coloring, flavoring, and blending materials.
   3. (C) "Rock and rye," "rock and bourbon," "rock and brandy," and "rock and rum" are liqueurs, bottled at not less than 48 proof, in which, in the case of rock and rye and rock and bourbon, not less than 51%, on a proof gallon basis, of the distilled spirits used are, respectively, rye or bourbon whiskey, straight rye or straight bourbon whiskey, or whiskey distilled from a rye or bourbon mash, and, in the case of rock and brandy and rock and rum, the distilled spirits used are all grape brandy or rum, respectively; containing rock candy or sugar syrup; with or without the addition of fruit, fruit juices, or other natural flavoring materials, and possessing, respectively, a predominate characteristic rye, bourbon, brandy, or rum flavor derived from the distilled spirits used. Wine, if used, must be within the 2-1/2% limitation provided in §45.5 of this title (relating to Alteration of Class and Type) for harmless coloring, flavoring, and blending materials.
   4. (D) The designation of a cordial or liqueur may include the word "dry" if the sugar, dextrose, or levulose, or a combination thereof, are less than 10% by weight of the finished product.
   5. (E) Cordials and liqueurs shall not be designated as "distilled or compound."
10. (10) Class 10--flavored brandy, flavored gin, flavored rum, flavored vodka, and flavored whiskey. "Flavored brandy," "flavored gin," "flavored rum," "flavored vodka," and "flavored whiskey" are brandy, gin, rum, vodka, and whiskey, respectively, to which have been added natural flavoring materials, with or without the addition of sugar, and bottled at not less than 60 proof. The name of the predominate flavor shall appear as a part of the designation. If the finished product contains more than 2-1/2% by volume of wine, the kinds and percentages by volume of wine must be stated as a part of the designation, except that a flavored brandy may contain an additional 12- 1/2% by volume of wine, without label disclosure, if the additional wine is derived from the particular fruit corresponding to the labeled flavor of the product.

11. (11) Class 11--imitations. Imitations shall bear, as a part of the designation thereof, the word "imitation" and shall include the following. Nothing herein shall be construed as modifying the restrictions of §45.29 of this title (relating to Certain Products Prohibited):

    1. (A) any class or type of distilled spirits to which have been added coloring or flavoring material of such nature as to cause the resultant product to simulate any other class or type of distilled spirits; (B) any class or type of distilled spirits (other than distilled spirits required under §45.11 of this title (relating to Labels: Class and Type)) to bear a distinctive or fanciful name and a truthful and adequate statement of composition to which has been added flavors considered to be artificial or imitation. In determining whether a flavor is artificial or imitation, recognition will be given to which is considered to be "good commercial practice" in the flavor manufacturing industry;
    2. (C) any class or type of distilled spirits (except cordials, liqueurs and specialties marketed under labels which do not indicate or imply that a particular class or type of distilled spirits was used in the manufacture thereof) to which has been added any whiskey essence, brandy essence, rum essence, or similar essence or extract which simulates or enhances, or is used by the trade or in the particular product to simulate or enhance, the characteristics of any class or type of distilled spirits;
    3. (D) any type of whiskey to which beading oil has been added;
    4. (E) any rum, tequila or mescal to which neutral spirits or distilled spirits other than rum, tequila, or mescal, respectively, have been added;
    5. (F) any brandy made from distilling material to which has been added any amount of sugar other than the kind and amount of sugar expressly authorized in the production of standard wine;
    6. (G) any brandy to which neutral spirits or distilled spirits other than brandy have been added, except that this provision shall not apply to any product conforming to the standard of identity for blended applejack.

12. (12) Class 12--geographical designations.

    1. (A) Geographical names for distinctive types of distilled spirits (other than names found by the administrator under subparagraph (B) of this paragraph to have become generic) shall not be applied to distilled spirits produced in any other place than the particular region indicated by the name unless:

       1. (i) in direct conjunction with the name there appears the word "type" or the word "American" or some other adjective indicating the true place of production, in lettering substantially as conspicuous as such name; and
       2. (ii) the distilled spirits to which the name is applied conform to the distilled spirits of that particular region.
    2. (B) The following are examples of distinctive types of distilled spirits with geographical names that have not become generic: Bau de Vie de Dantzig (Danziger Goldwasser), Ojen, Swedish punch. Geographical names for distinctive types of distilled spirits shall be used to designate only distilled spirits conforming to the standard of identity, if any, for such type specified in this section, or if no such standard is so specified, then in accordance with the trade understanding of that distinctive type.
    3. (C) Only such geographical names for distilled spirits as the administrator finds have by usage and common knowledge lost their geographical significance to such extent, that they have become generic shall be deemed to have become generic. Examples are London dry gin, Geneva (Hollands) gin.
    4. (D) 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. Examples are Cognac, Armagnac, Greek brandy, Pisco brandy, Jamaica rum, Puerto Rico rum, Demerara rum.
    5. (E) The words "Scotch," "Scots," "Highland," or "Highlands" and similar words connoting, indicating, or commonly associated with Scotland, shall not be used to designate any product not wholly produced in Scotland.

13. (13) Class 13--products without geographical designations but distinctive of a particular place.

    1. (A) The whiskies of the types specified in paragraph (2)(C) and (F)-(H) of this section are distinctive products of the United States, and if produced in a foreign country, shall be designated by the applicable designation prescribed in such paragraphs, together with the words "American type" or the words "produced (distilled, blended) in _______," the blank to be filled in with the name of the foreign country; provided, that the word "bourbon" shall not be used to describe any whiskey or whiskey-based distilled spirits not produced in the United States. If whiskey of any of these types is composed in part of whiskey or whiskies produced in a foreign country there shall be stated, on the brand label, the percentage of such whiskey and the country or origin thereof.
    2. (B) The name for other distilled spirits which are distinctive products of a particular place or country, an example is Habanero, shall not be given to the product of any other place or country unless the designation for such product includes the word "type" or an adjective such as "American, or the like, clearly indicating the true place of production. The provisions for place of production shall not apply to designations which by usage and common knowledge have lost their geographical significance to such an extent that the administrator finds they have become generic. Examples are Slivovitz, Zubrovka, Arrack, and Kirschwasser. Class 14 other. Notwithstanding and in addition to the other provisions of §45.4 and the provisions of §45.11, distilled spirits products which are obtained by distillation and/or mixing and/or redistilling distilled spirits with or over fruits, flowers, plants, or pure juices therefrom, or other natural flavoring materials, or with extracts derived from infusions, percolation, or maceration of such materials, and/or containing sugar, dextrose, or levulose, or a combination thereof, in an amount less than 2-1/2% by weight of the finished product.

Source Note:The provisions of this §45.4 adopted to be effective August 1, 1994, 19 TexReg 5627; amended to be effective March 7, 1996, 21 TexReg 1534; amended to be effective November 21, 1999, 24 TexReg 10322.