I recently had one of my favorite Rye Whiskeys and noticed it was different, as in a flavoring I never noticed before different. It was an over powering artificial Spice note. I started to dig. I learned something that never clicked, never hear it spoken of and it’s truly one of the industry secrets no one wants to talk about—FLAVORING. Much of American Whiskey, especially Rye has coloring and flavoring in it. As I dug I spoke to a few Master Distillers that didn’t use flavoring, used it limited or not at all. I spoke to some Whiskey Sales and Production people that have been in the business for decades and some know of the use of flavoring in Rye and some did not. Here is the thing— it’s not Straight Rye (or at least its not supposed to be but in the current climate of mistrust, who knows). In fact Flavoring and coloring is not permitted in a Straight Whiskey. Trouble is that the classification of what the whiskey is is often left up to the Producer/Brand/Distiller if it is classified as a whiskey to begin with. Certain requirements are mandatory with one class when not with another. The leeway and interpretation by the very people that manipulate it is the Fox watching the Hen house per se. Flavoring and coloring is not permitted in Bourbon unless it is “DISTILLED FROM-a Mash of (Bourbon, Rye, Wheat etc.)”. It is permitted in “Blends” as in Blend of Rye, Blend of Bourbon for example.

In Mark Gillespie’s Whiskycast http://whiskycast.com/episode-496-september-12-2014/

Mark interviews the people running Templeton Rye. He did the interview due to all the flack they are taking due to the labeling laws and deceptions since they started in 2006 when that “Iowa” product was really “Indiana” (except for maybe a very short time if you believe them). I’ll be writing about the interview soon. I was floored when Mark asks a question at the time of 34:30 and 35:11. This is when these lying fools bring up their formula they tried to duplicate and Mark asks “are you putting any Flavoring in your Rye”. Templeton pauses and replies “we have a formula from the Clarendon Engineering folks it was explained really well in that link I sent you Mark”. (Code for –we don’t really want to go there, next question.) Then a real long five second pause from Mark and I guess he had to do it and go in for the obvious follow-up and said “Ok, I’d sort of ask you to repeat it since links don’t work real well on the Radio here”. It might have been his best moment I have ever heard from him in this not great interview which I break down in a future post. Mark then goes on to ask questions from what seemed to have shocked him and opened up a big can of worms in the process. He didn’t seem to know there was a rule on it or where to find it. It was then that I needed to finish up this post that started the moment I drank one of my favorite Ryes a month ago and thought “this is different, there’s flavoring in it”!

In Louisville is a company “Flavorman” http://flavorman.com/development-process/

809 South 8th Street, Louisville KY

The same people own Moonshine University next door at 801 South 8th Street, Louisville KY

Here’s something they say about the brands Flavorman has”helped”:

“What brands has Flavorman helped to develop?

ANSWER: We have developed hundreds of brands and thousands of products. Our clients range from start-up entrepreneurs to some of the biggest names in the global market. While some of the brands you may not recognize, others are household names. However, most of our clients prefer that the work we do for them remain confidential. We greatly respect this confidentiality, and that allows us to serve each of our clients with the energy and dedication necessary.”



At Moonshine U they say “Artisan distilling is a hands-on experience that allows craft distiller’s ample room to fine-tune flavors and experiment with applications”.

Moonshine U is where many companies go to be trained for the art of making whiskey. If you have $5,750 and five days you can become a trained distiller/whiskey maker and learn about how to flavor it to make it taste better, different, older.

Clarendon Flavor http://www.clarendonflavors.com/home.html is another flavoring house. Funny how they are in Louisville for over 20 years. They are at 3300 Seventh Street Road, Louisville, KY 40216

What they don’t mention is they work with Whiskey that you wouldn’t expect. I’ve spoken to some brands that I was able to prove used this flavoring that no one realizes. In order to get to the bottom of things I agreed not to use the names of those. My information comes from many sources and not just these people. The way they go about a flavoring is a custom designed profile. Tastes such as woody, maple with spice, chocolate etc are added. When it’s fine tuned it goes into production in your whiskey. Along with the flavoring things like Glycerin are sometimes added. I’m told that bottlers such as Strong Spirits in Bardstown have buckets full of the stuff being dumped in mass in many of the Whisky we’ll be drinking. Let’s make the 4 year taste 10 years etc. 2.5% in fact can be made up of the flavoring and coloring and more under certain conditions. Read this and pay special attention to the chart starting on page 7-5. http://ttb.gov/spirits/bam/chapter7.pdf

Here is also some excerpts and another link on formulations—

http://ttb.gov/formulation/index.shtml

http://ttb.gov/ssd/documents/fids.xls

http://ttb.gov/industry_circulars/archives/2007/pre-cola_eval_spirits.pdf

If HCFBM are used formulas must be submitted— HCFBM = HARMLESS COLORING/FLAVORING/BLENDING

MATERIALS

“Coloring/ flavoring/blending materials may be used in or added to any class and/or type of distilled spirits. However, the use or addition of these materials may change the class and/or type of the distilled spirits Example: FD&C Yellow #5 is added to straight bourbon whisky. The resulting product is no longer “straight bourbon whisky.” The product is now a distilled spirits specialty and must be labeled with a statement of composition (Formula) such as “STRAIGHT BOURBON WHISKY WITH FD&C YELLOW #5 ADDED”. The use or addition of coloring/ flavoring/blending materials will not cause a change in the class and/or type if the materials used or added can be considered “harmless.” (See “HARMLESS COLORING/FLAVORING/BLENDING MATERIALS” section of this chapter) and are not an essential component but are, through established trade practice, customarily used in the particular class and/or type of distilled spirits PROVIDED THAT the total addition of coloring/flavoring/blending materials does not exceed 2½% by volume of the finished product.”

There is a requirement for the submittal of a Formula sheet to the TTB although it is often not listed on an Application so there maybe conditions when it is required or not. As I mentioned before, many brands don’t (improperly at times) classify the product so a formula sheet is required. If you are adding HCFM’s then the formula must be submitted. http://www.ttb.gov/forms/f510051.pdf

I’d love for a good lawyer that follows me to put in a Freedom of Information on some formulas and see what they can get back.

641 Classification

This is the TTB class of Specialty spirits. If you go online to the TTB Cola search for category 641 it’s amazing. You might find Cinnamon flavored Whiskey, Southern Comfort, Red Stag (and Class 649) but also things like the barrel finishes of Woodford Masters Collection, Heavan Hill Parkers Heritage Cognac finish as well as the Heavan Hill distillery Gift Shop Private Stock Cognac Finished Bourbon. Then again the Woodford (and others are labeled as “Kentucky Straight Bourbon Whiskey” http://www.bing.com/images/search?&q=woodford+reserve+four+wood&qft=+filterui:imagesize-large&FORM=R5IR3#view=detail&id=6F9286B89A91E776F2FA22457710D2E480F788F0&selectedIndex=8 as is the Parkers http://www.drinkspirits.com/wp-content/uploads/2011/11/IMG_7329.jpg

Oddly the Beam Distillers Masterpiece in the Gift shop is listed as Bourbon Whiskey Finished in PX Sherry Cask and the TTB application is for category 141 BOURBON WHISKY. Why not Straight? Who knows?

If your booze is a 641 or not Straight or a Bourbon Mash or Blend look out! It really shouldn’t be that hard should it. Unless you’re a scumbag. Speaking of Scumbag—

Then there is Templeton Rye. In 2006 they start with a Category 106 STRAIGHT RYE WHISKY. Then 14 days later get approval for Category 649 “OTHER SPECIALTIES & PROPRIETARIES” same day Category 142 RYE WHISKY. Then in 2011 and twice in 2012 the label changes but stays Category 141 Rye Whisky.

So something’s up this has gotten completely ridiculous! I’ve been told they must be classified as a 641 (not a 141, Rye Whiskey) and file a formula sheet (which isn’t listed on their current applications and presumably are in violation of ). The cola application for the 649 Classification they got approval for in 2006 does have a formula. So they know about the requirement and it’s illegal also. Oddly, if they were properly listed as a 641 they are NOT required to list the state of Distillation. We shouldn’t have to take a TTB Rule book and a Whiskey glossary to the store. Even if you did, you couldn’t be sure the application was filed correctly, if a Formula is part of the application, if the classification was correct, if the brand knew the law or wanted to pretend they didn’t. Did the brand play label musical chairs like Templeton that obviously didn’t know what they were doing then wanted to cover all the bases? They claim ignorance in the LDI/MGPI labeling issue but they are not only well aware of the flavoring requirements but they have used a specialty law firm for at least the last 3 years and three label approvals. If you listened to the 496 episode of Whiskycast, they seemingly didn’t know the labeling laws that applied. The Law firm who’s sole specialty is in Alcoholic Beverages and Label application didn’t know either? http://www.bevlaw.com/

That’s so impossible to believe that it’s easy to catch them in this lie. AND—they never blamed the law firm.

There are many more examples I could spend all day on but go hunting yourself.

So what are we supposed to do send samples to a lab to be analyzed? Well not so fast. This is Part Two of this story that has yet to be written. Something is about to happen that will shake up the Alcoholic beverage industry like nothing else ever has. It’s going to be a shock and could leave giant companies shaking in their additive pouring boots and it’s called “Consumer Physics”. http://www.consumerphysics.com/myscio/. They were Kickstarter funded with 2.8 Million dollars of 200K they wanted making it one of the most successful Kickstarters ever. In the next few months they are releasing the first Cell phone size NIR spectroscopy devices that will be able to do things like scan a watermelon for sugar content and from the website “Instant and affordable analysis of materials. Food, plants, medication, oil and fuels, plastics and wood are only part of what SCiO can analyze.” I asked and yes, they need to write an app or have a developer write one (hint hint) for Spirits. It will give up many of the secrets of what’s in and not in our favorite and not so favorite Whiskey. I’m happy to report I’ll be getting my new toy from them and we shall see. They will cost around $400.

I think the State of origin is the tip of the Iceberg. Just as the TTB needs to start paying some attention to label approvals for real, a whole new run-a-way train is heading their way and its Formulas, Additives and Flavorings. If my Ritz Crackers and Soup need ingredients listed why not my Whiskey and Beer?

Revision Note- it’s been reported by another blogger that’s been doing this awhile that flavoring can be used in “Bourbon” not labeled as Straight. While this is confusing and regulations are conflicting at times, the TTB interpretation displayed in the chart http://ttb.gov/spirits/bam/chapter7.pdf “ Page 7-10 clearly shows flavoring/coloring can’t be used. Although this is also the understanding of Master Distillers and industry executives, I’m sure some doing "bourbon” are improperly reading these convoluted regs and putting flavoring in their bourbon, especially Non-Distiller producers and “craft” places. Maybe they are doing it out of ignorance or on purpose twisting their interpretation.