Guidance on producing Irish Whiskey, Irish Cream or Irish Poteen from 1 January 2021

For guidance that applied before 1 January 2021 see Producing Irish Whiskey, Irish Cream or Irish Poteen

Find out about applying for the Spirit Drinks Verification Scheme, how to submit brand information, fees and making sure your production process is compliant.

If your business is involved in the production or marketing of Irish Whiskey, Irish Cream or Irish Poteen, this guidance will help you find out:

• who should apply for verification
• about the fees you’ll need to pay
• what happens if a production process is found to be non-compliant
• how HMRC verifies compliance with the Technical Files for Irish Whiskey, Irish Cream or Irish Poteen and recovers its verification costs

The glossary of terms at the end of this guidance will help you understand some of the terms and abbreviations used.

Verifying Irish Whiskey, Irish Cream and Irish Poteen

Irish Whiskey, Irish Cream and Irish Poteen are registered Geographical Indications under Regulation (Eu) No 2009/787, which requires products to comply with the specifications of their relevant Technical Files that was originally submitted in accordance with Regulation (EC) 110/2008.

All Irish Whiskey, Irish Cream and Irish Poteen produced in the the UK must be verified and comply with the relevant Technical Files.

We will:

• carry out verification visits to production facilities
• check that processes comply with the Technical File
• verify products as compliant, for example by checking invoices, delivery records, equipment and procedures
• assure production processes using these Verification checks for Irish whiskey, Irish cream and Irish poteen (PDF, 1.47MB, 91 pages).
• record compliant processes as ‘assured’ - we can only verify a brand if all processes involved have been assured, including non-UK blending and bottling or labelling facilities
• publish details of production facilities and verified brands on the look-up service
• only access records relating to tax and duty assurance already held by us that are required to support the verification, as outlined in the verification checks

HMRC’s role does not extend to enforcement. Where appropriate and permitted, we will pass relevant information onto the appropriate enforcement authorities.

Unless there is a need to carry out verification on a more frequent basis, or you have agreed a longer period, we will verify producers every 2 years.

The legislation

The main pieces of legislation in respect of Geographical Indication for Irish Whiskey, Irish Cream or Irish Poteen are:

• European:

  • Regulation (EC) No 110/2008 on the definition, description, presentation, labelling and protection of geographical indications of spirit drinks. The provisions on geographical indictions in this regulation were revoked and replaced in June 2019. For Great Britain this regulation will become retained EU law via the EU (Withdrawal) Act 2018, with legislation made under it making operability amendments allowing continued functionality. For Northern Ireland, EU spirit drinks regulations are directly applicable due to the Northern Ireland Protocol, and the non-GI provisions in Regulation (EC) No 110/2008 will be replaced with the equivalent provisions in Regulation (EU) 2019/787.

  • Regulation (EC) No 787/2019 focuses on the definition, description, presentation and labelling and the protection of geographical indications for spirit drinks, In Northern Ireland, the non-GI provisions of this regulation will become applicable from 25 May 2021 in line with the EU, whereas the equivalent provisions under 110/2008 will continue to apply in Great Britain and retained legislation.

• UK:

  • The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 makes operability amendments to Regulation (EC) 110/2008 and 2019/787, which will become retained EU law in GB via the EU (Withdrawal) Act 2018.

  • The Spirit Drinks Regulations 2008, providing for the enforcement of Regulation (EC) No 100/2008. Under Regulation 5, HMRC are the designated authority responsible for verifying spirit drinks with a protected Geographical Indication, and in ensuring products comply with the specifications in the Technical File. Enforcement authorities (food authorities and port health authorities) are designated under Regulation 6.

  • The Spirit Drinks (Costs of Verification) Regulations 2013, providing the legal basis for HMRC’s verification schemes and enabling HMRC to charge a fee in order to recover its verification costs
  • Irish Whiskey Act 1980

Who should apply for verification

You should apply for the Spirit Drinks Verification Scheme if your business carries out:

• blending, bottling or labelling of Irish Whiskey, Irish Cream or Irish Poteen outside Northern Ireland consigned in bulk
• any of the following production processes carried out in Northern Ireland

Irish Whiskey	Irish Cream	Irish Poteen
Brewing	Single stage process	Brewing
Fermentation	2 stage process	Fermentation
Distilling	Bottling	Distillation
Maturation	Labelling	Bottling and labelling
Blending, bottling and labelling	-	-

Irish Whiskey, Irish Cream or Irish Poteen producers should select ‘Other Geographical Indicators’ on this form, and type in the appropriate product.

The brewing, fermentation and distillation of Irish Whiskey and Irish Poteen must take place at the same site.

How to submit brand information

Once your product has been verified under the scheme, you should submit brand information to us.

If you are a brand owner, and someone else produces or bottles and labels your brand, you do not need to apply for verification. The blender or bottler is responsible for applying for verification and notifying us of your brands.

The verifying authority for Irish Whiskey and Irish Poteen produced in the Republic of Ireland is the Irish Revenue Commissioners. The verifying authority for Irish Cream produced in the Republic of Ireland is the Department of Agriculture, Food and Marine. Producers based in the Republic of Ireland should contact the relevant administration to apply for verification.

Re-bottling and re-labelling

Verification is required for Irish Whiskey, Irish Cream or Irish Poteen being bottled for the first time or being re-bottled and/or re-labelled.

Re-labelling is a verifiable process which comes under the verification for bottling and labelling or labelling only. If you are carrying out this process and are not already verified for bottling and labelling or labelling only you should apply for verification.

If you are a bottler and labeller you should apply for verification and demonstrate compliance of your processes with the specifications in the Irish Whiskey, Irish Cream or Irish Poteen Technical Files, in the same way as any other Irish Whiskey, Irish Cream or Irish Poteen producer or processor. If your processes are not assured the final bottled or labelled product cannot be verified and cannot be marketed legally.

Examples of re-labelling or re-bottling which require verification include:

• a business decants bottled stock into smaller bottles or uses their own labels, or both
• labelling of bottles in visitor centres that are often personalised and can be taken away - records must be maintained detailing the bottles sold, stock control and the Spirit Drinks Verification Unit may ask to see labels to ensure compliance with the Technical File
• re-labelling bottles if the label is damaged or an existing labelled brand is to be sent to a different market and so requires a different label (for legal or marketing reasons) - such facilities are responsible for ensuring that the labels comply with the requirements of the Technical File

Assure production processes outside Northern Ireland

Bottlers located in the UK will be verified at their production premises. Bottlers located outside the UK who bottle bulk Irish Whiskey, Irish Cream or Irish Poteen from Northern Ireland should apply for verification.

How much you’ll need to pay

If you are a producer, you’ll have to pay a standard verification fee before your verification visit.

You’ll need to pay:

• £902 if you carry out all the production processes
• £451 if you do not carry out all the production processes, for example if you carry out bottling only or bottling and maturation

Each premise where a production process takes place requires a separate fee.

We review fees annually.

Find out how to pay the verification fee.

What happens if a production process is non-compliant

We will identify non-compliant production processes, and potentially non-compliant (unverified) brands, either:

• during verification visits
• by notifications from other producers
• through information provided by members of the public

If your processes are non-compliant, the Spirit Drinks Verification Unit will discuss with you how you can make your processes compliant. A reasonable period of correction will be given to make your processes compliant. This time will normally be proposed by the Spirit Drinks Verification Unit and agreed with you.

If you do not take corrective action during this agreed period to comply we will amend, remove, or not include your details on the look-up service.

If a production process loses its assured status, any spirits produced afterwards will not be verified and cannot be sold as Irish Whiskey, Irish Cream or Irish Poteen. You should make sure your customers are aware of this, so that they can make alternative supply arrangements.

We may also:

• inform the relevant enforcement authority through the legal gateways or Regulation (EU) No 2019/787
• inform the brand owner of the changed status of production process that may impact on their products
• inform the proprietor or producer of the changed status of their brand
• reflect the changed status of affected brands on the look-up service

Non-compliance could also result in breaches of local laws in EU countries where Irish Whiskey, Irish Cream or Irish Poteen is defined or protected as a Geographical Indication.

When HMRC will not publish details of production facilities and brands

We will not publish details of production facilities or brands when:

• there is no application for verification
• a production facility has never operated an assured process
• a brand has not been notified to us
• a brand has never been verified

Where a production facility is not published as having assured processes, this will compromise all brands using processes at that production facility.

If a production facility does not maintain assurance of its production processes, or a brand does not maintain its verified status, the effective date of that change of status will be shown in the details published on the look-up service, rather than details being removed or not published.

Non-compliant products sold, delivered from the production facility or subject to a subsequent production process will not be verified as Irish Whiskey, Irish Cream or Irish Poteen. These products cannot legally be sold as Irish Whiskey, Irish Cream or Irish Poteen.

If a process ceases to be verified, any product delivered from that production facility on or after the date that verification status is removed will be non-compliant.

If you have concerns about unverified products

You should contact the designated enforcement authorities directly. You can find these through the Food Standards Agency website.

Glossary

This guidance uses terms which can have different meanings depending on the context. The terms explain their definitions.

Term	Definition
Producer	The owner of a production facility carrying out at least one process in the production of Irish Whiskey, Irish Cream and Irish Poteen.
Operator	A person responsible for the operation of a production facility. This can be a distillery manager, for example.
Facility or production facility	A facility operating one or more production processes required to create Irish Whiskey, Irish Cream and Irish Poteen.
Process or production process	One of the processes required to create Irish Whiskey, Irish Cream and Irish Poteen.
Brand	The label name on a bottled product excluding ages, descriptors and regions.
Brand Owner	The owner of an Irish Whiskey, Irish Cream and Irish Poteen brand that is placed on the market for retail sale.
Technical File	A document that specifies the requirements of Irish Whiskey, Irish Cream and Irish Poteen. This includes requirements for production, description, presentation and labelling of Irish Whiskey, Irish Cream and Irish Poteen.
Fermentation	The process of converting sugars into alcohol with the addition of yeast. This includes all stages of production up to but not including the distillation process, including mashing of cereals.
Distillation	The process of acquiring spirit drinks using a fermented mixture. This includes all stages after fermentation up to the point where newly distilled spirit is obtained.
Maturation	The process of ageing spirit.
Blending	The process of combining 2 or more single whiskies to create a new whiskey in one of 3 categories: - blended malt - blended grain or blended - the vatting of casks of single malt This includes all processes from the disgorging of casks to the vatting or blending of the contents.
Bottling and Labelling	The processes of: - emptying containers of blended/vatted Irish whiskies and disgorging single casks for the purpose of bottling, dilution to bottling strength, bottling the diluted contents and labelling for presentation - any re-bottling and re-labelling of previously bottled Irish Whiskey, Irish Cream and Irish Poteen. Labelling means all descriptions and other references, signs, designs or trademarks which distinguish a drink and which appear on the same container. This includes its sealing device or the tag attached to the container and the sheathing covering the neck of the bottle.
Bulk Irish Whiskey, Irish Cream and Irish Poteen	Irish Whiskey, Irish Cream and Irish Poteen that has still to be put into its retail container

Further information

If you have any queries about your application, would like further advice, or need to need to change your details, email the Spirit Drinks Verification Unit at enquiries.sdvs@hmrc.gov.uk.

You can also contact HMRC’s Alcohol Policy team either by email at mailbox.alcoholpolicy@hmrc.gov.uk or by post at: