Rev. Ruling 68-502

Advice has been requested whether, under the provisions of 27 CFR 5.21(h), Class 8(5), the Director holds that the name Kentucky is associated by consumers with an American type whisky.

Treasury Decision 6945, C.B. 1968-1 604, amended the distilled spirits labeling regulations (27 CFR, Part 5) to provide a new standard of identity for "Light Whisky" (effective July 1, 1972, with respect to whisky distilled on and after January 26, 1968). In connection with the promulgation of this new standard of identity, the regulations were amended by adding a new subparagraph (5) to section 5.21(h) of the regulations. This new subparagraph reads as follows:

(5) The name of any State which the Director finds is associated by consumers with an American type whisky shall not appear in any manner on any label for light whisky, as defined in paragraph (b)(11) of this section, except as a part of the name and address of the distiller, bottler, or person bottled for, as required by section 5.35(a) and (c).

When the then-proposed standard of identity for "Light Whisky" was considered at the hearing held in September, 1967, testimony was received from a number of Kentucky distillers to the effect that "Kentucky" should not be used to described any light whisky produced in Kentucky, lest it be confused with "bourbon" for which the State is famous. It was, of course, recognized that the name "Kentucky" could not be prohibited in the name and address of a Kentucky bottler, since that is specifically required by other regulatory provisions.

The Director holds that the name Kentucky is associated by consumers with an American type whisky. Therefore, under the provisions of 27 CFR 5.21(h), Class 8(5), the name "Kentucky" may not appear in any manner on any label for light whisky as defined 27 CFR 5.21(b), Class 2(11), except as part of the name an address of the distiller, bottler, or person bottled for, as required section 5.35(a) and (c).

27 U.S.C. 205; 27 CFR 5.21 (27 CFR 5.22)