What's the difference between bourbon and whiskey?

Cecil's Columns/Staff Reports
1

In this article there is one sentence that I’m not sure I understand:

*Bourbon can be made anywhere in the U.S., but all but a couple of brands are made in Kentucky. **Only the state of Kentucky can produce bourbon with its name on the label. **The name comes from Bourbon county in the central bluegrass region of Kentucky. *

Is it saying that only bourbon made in the State of Kentucky can call itself Kentucky Bourbon? That seems so self-evident to me that if that’s the meaning, I don’t understand the need for the sentence.

2

Bourbon is a style of whiskey made with a mash that is at least 51% corn. “Kentucky Bourbon” is basically a protected label applied only to bourbon made in Kentucky, just as champagne is a type of sparkling wine only produced in the Champagne region of France and Trappist beer (i.e Authentic Trappist Product) is can only be produced by specified Trappist monestaries. Anybody can make a bourbon-like whiskey (e.g Jack Daniels’ Tennessee Whiskey) just as companies make sparkling wines and abbey-style ales, but they cannot market it as Kentucky Bourbon. Similarly, the Japanese make some pretty good Islay-style peated whiskeys and Highland type smooth whiskey, but they cannot market them as Scotch whisky.

Bourbon has traditionally been considered a lesser style of whiskey in comparison to the complexity of Scotch (in part because of the bathtub bourbon produced during Prohibition), but its reputation has been on the rise for several decades and there are many fine bourbons (mostly Kentucky Bourbons, but also some small batch producers elsewhere are starting to produce competitive products) and the selection of styles and labels of bourbons is starting to rival Scotch whiskys, especially if you consider the consolidation of Scottish distilleries versus the growth of small batch bourbon distilleries in the United States.

Stranger

3

Thanks. Is that in the US Code?

4

Definition of bourbon is in the CFR (code of federal regulations) Title 27, Section 5.22; 27 CFR § 5.22 - Rules regarding certificates of label approval (COLAs) for distilled spirits bottled in the United States. | Electronic Code of Federal Regulations (e-CFR) | US Law | LII / Legal Information Institute

AFAIK labeling it as *Kentucky *Bourbon comes more under truth-in-advertising/denomination of origin regulation.

5

27 USC 5 defines bourbon whiskey as a product of the United States; I suppose Putin could make “Russkiy Burbon Visky” and sell it in Syria if he likes, but it could not be marketed in the United States as such. “Kentucky Bourbon” is an unregistered but recognized trademark for bourbon made in Kentucky, and the Kentucky Distiller’s Association has been pretty vigorous about protecting that through cease & desist notices; I can’t find a legal challenge offhand.

Stranger

6

Or California, by agreement for “Grandfathered” brand names.

They didn’t do that in Aus, so there are no longer any Australian “Champagnes”.

The purpose, of course, of the agreements is that they are recipricol: you don’t make any “Kentucky” Burbon, and we won’t make an “Champagne” sparkling wine.