The Scotch Whisky Regulations 2009

  1. Introductory Text

  2. 1.Title, commencement and application

  3. 2.Repeal and revocation

  4. 3.Definition of “Scotch Whisky” and categories of Scotch Whisky

  5. 4.General interpretation

  6. 5.Manufacture

  7. 6.Marketing

  8. 7.Movement from Scotland to another country

  9. 8.Compulsory sales descriptions

  10. 9.Names of distilleries and distillers etc.

  11. 10.Locality and region geographical indications

  12. 11.Use of the words ‘pure’ and ‘malt’ and derivations

  13. 12.Maturation, age and distillation statements

  14. 13.Transitional provisions relating to labelling and packaging

  15. 14.Transitional provisions relating to advertising and promotion

  16. 15.Designation

  17. 16.Enforcement

  18. 17.Appointment of officers

  19. 18.Duty to give assistance and provide information

  20. 19.Powers of entry

  21. 20.Powers of an authorised officer

  22. 21.Procedure on seizure

  23. 22.Improvement notices

  24. 23.Appeals against improvement notices

  25. 24.Powers relating to appeals

  26. 25.Publication of notices

  27. 26.Obstruction

  28. 27.Offences

  29. 28.Fines

  30. 29.Offences by bodies corporate etc.

  31. 30.Default of third person

  32. 31.Defences

  33. 32.Giving of penalty notice for penalty offence

  34. 33.Contents and form of penalty notice

  35. 34.Amount of penalty

  36. 35.Restriction on proceedings for penalty offence

  37. 36.Payment of penalty

  38. 37.Certificate of payment or non-payment of a penalty

  39. 38.Penalty receipts

  40. 39.Withdrawal of penalty notice

  41. 40.Civil remedy

  42. 41.Giving of notices

  43. Signature

    1. SCHEDULE 1

      DISTILLERIES TO WHICH REGULATION 9(1) APPLIES

    2. SCHEDULE 2

      CIRCUMSTANCES IN WHICH REGULATION 9(2) DOES NOT APPLY

    3. SCHEDULE 3

      CIRCUMSTANCES IN WHICH REGULATION 10(1) DOES NOT APPLY

      1. 1.Regulation 10(1) does not apply where the name of a...

      2. 2.Regulation 10(1) does not apply where the name of a...

      3. 3.In relation to a Blended Malt Scotch Whisky, a Blended...

      4. 4.Regulation 10(1) does not apply where a brand owner refers...

    4. SCHEDULE 4

      FACTORS TO BE TAKEN INTO ACCOUNT IN DETERMINING THE AMOUNT OF A PENALTY

      1. PART 1 Aggravating factors

        1. 1.Seriousness of the non-compliance.

        2. 2.Financial harm to consumers.

        3. 3.Financial harm to competitors.

        4. 4.Duration of non-compliance.

        5. 5.Evidence of intention behind the non-compliance.

        6. 6.History of non-compliance of the person (“P”) to whom the...

        7. 7.Financial gain made by P as a result of the...

        8. 8.Financial resources of P.

        9. 9.Size of P’s business.

        10. 10.Availability of the non-compliant product, including the number of retail...

        11. 11.Where P is a retailer with a number of retail...

        12. 12.The conduct of P after the non-compliance is drawn to...

        13. 13.Previous action taken by the enforcement authority to help P...

      2. PART 2 Mitigating factors

        1. 1.Action taken to eliminate or reduce the risk of harm...

        2. 2.Action taken by P to repair the harm done by...

        3. 3.Any co-operation given to the enforcement authority by P in...

        4. 4.Whether P reported the non-compliance to the enforcement authority.

        5. 5.Financial resources of P.

        6. 6.Size of P’s business.

        7. 7.Availability of the non-compliant product, including the number of retail...

        8. 8.The conduct of P after the non-compliance is drawn to...

        9. 9.Where the non-compliance was committed by an employee of P,...

  45. Explanatory Note