Task force looked at ways to reform Scotch whisky’s strict production rules, says report.
Sometimes I think it’s a debate as old as time itself. The idea that Scotch whisky’s strict regulations are somehow hindering innovation, tying distillers up in so many regulatory knots that they cannot give full rein to their creativity.
And then, the consequent argument that Scotch as a whole is missing out, overtaken by rival spirits categories that are free to explore every avenue of flavour creation to make a range of products that appeals to a broader demographic.
Many of the threads are familiar, but what piqued my interest this time was Miller’s use of the example of gin to support his pro-change argument.
He said: ‘Think of what’s happened with gin, where not everyone likes the classic, juniper-heavy style. A lot of new drinkers think they like gin, but what they really enjoy are flavoured gins.’
Legally speaking, this is murky territory. Here’s what the relevant EU regulation (110/2008) has to say:
(a) Gin is a juniper-flavoured spirit drink produced by flavouring organoleptically suitable ethyl alcohol of agricultural origin with juniper berries (Juniperus communis L.).
(b) The minimum alcoholic strength by volume of gin shall be 37.5%.
(c) Only natural and/or nature-identical flavouring substances as defined in Article 1(2)(b)(i) and (ii) of Directive 88/388/EEC and/or flavouring preparations as defined in Article 1(2)(c) of that Directive shall be used for the production of gin so that the taste is predominantly that of juniper.
Leading role: Juniper should be the predominant flavour of gin, according to EU law (Photo: Kyoto distillery)
Consider those last few words: ‘…so that the taste is predominantly that of juniper’. As legal phrases go, this is pretty woolly, since it rests on the ‘taste’ of a product, which has to be to some extent subjective. You might try a gin and detect the clear influence of juniper; I might not.
With this in mind, it’s hard to see how ‘flavoured’ gin (unless the flavour in question is juniper) can stand. Doesn’t it risk becoming just another offshoot of flavoured vodka?
The legal intricacies are only part of the point. However vague the rules, the ‘juniper clause’ is there for a reason: juniper defines gin, and its absence in flavour terms makes what’s in your G&T or Martini something else instead.
By this argument, Miller’s ‘new drinkers’ aren’t falling in love with (or even drinking) gin in the first place. Does this matter, as long as they’re buying a bottle with the word ‘gin’ on it? Yes, because sooner or later they’ll realise that they don’t really like gin at all, and will move onto the next fad. How can you be loyal to a spirit when you haven’t even been drinking it in the first place?
Just suppose for a moment that everyone abided by the strictest interpretation of the EU regulation and the juniper clause. Would this stifle creativity and innovation within gin, in the same way that critics say is happening with Scotch? Of course not.
Real thing: Ki Noh Bi gin shows that originality needn’t mean ripping up the rulebook
Here’s an example: Ki Noh Bi is a cask-matured spin-off from Japan’s Ki No Bi gin, distilled in Kyoto by the team, including Marcin Miller and David Croll, that has done so much to elevate Japanese whisky over the past decade or so.
On the surface, Ki Noh Bi checks just about every bandwagon-jumping box going: new wave botanicals (yuzu, green tea, bamboo leaves, etc) – tick; provenance (most botanicals locally sourced, spirit rice-based) – tick; cult Japanese whisky reference (it’s matured in ex-Karuizawa casks) – tick.
But never mind the zeitgeist, taste the gin. Distinctive but balanced, with a spiced smoothness undercut by fragrant yuzu, but still with juniper to the fore. It is different, but it’s still the same in all the important ways. It is, demonstrably, gin (and, as an aside, it’s one of the most delicious things I’ve tasted all year).
I have a few nagging doubts about the longevity of the current gin boom, simply because there are too few producers doing what Kyoto distillery has done with Ki Noh Bi, and too many throwing gin’s USP out with the juniper, consciously or not. The fact that the regulations are so sloppy only makes this easier.
The lessons for Scotch should be obvious. Far from being restrictive, well-written rules provide a mould for what defines their subject, but a mould that can be pulled, twisted and shaped in any number of ways.
In the case of Scotch, that means every stage in the process, from the selection of raw materials, through malting, milling, mashing, fermentation, distillation and maturation.
Far from complaining, true innovators should welcome the presence of a rulebook to lend their creativity structure and focus. And everyone should be careful of what they wish for.
In depth 19 June 2019
The range of casks that can be used to age Scotch is now wider – but the rules remain tight.
Latest news 14 June 2019
The change allows distillers to use a variety of casks, including ex-Tequila and Calvados.
The debate 20 November 2017
Some say that the rules stifle innovation, others that they protect Scotch’s integrity.
From the editors 23 August 2017
Meaningful innovation can still be realised within the boundaries of whisky regulations.