spirit drinks regulations

The Spirit Drinks Regulations 2008, which came into force on 16 January 2009, provide for the enforcement in the UK of the EC Regulation on spirit drinks of 15% alcohol and above and revoke and replace the 1990 Spirit Drinks Regulations.

The EC legislation lays down the rules on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and aims to protect consumers from counterfeit practices. The main changes arising out of the new EC regulation concern the registration of geographical indications via a technical file, the labelling of vodka produced from materials other than cereals and potatoes, clarifying the requirements relating to the production of whisky, and tightening the London Gin definition.

The UK Regulations make the failure to comply with the provisions of the EC Regulation an offence and create an additional offence to protect geographical indications. From 16 January, it is an offence to sell spirit drinks as being from a particular geographical location if they are not from that location.

The 2008 Regulations also give enforcement authorities new powers in relation to the enforcement of EC requirements including the power to give improvement notices and to impose monetary penalties by penalty notice.

The UK Regulations, SI 2008/3206, are at http://www.opsi.gov.uk/si/si2008/pdf/uksi_20083206_en.pdf.

For more information, please contact John Mitchell, partner in Blake Lapthorn's Food law team on 023 8085 7231 or email john.mitchell@bllaw.co.uk.