(a) An intoxicating liquor may not be advertised, described, labeled, named, sold or referred to for marketing or sales purposes as “Tennessee Whiskey,” “Tennessee Whisky,” “Tennessee Sour Mash Whiskey,” or “Tennessee Sour Mash Whisky” unless the intoxicating liquor is:

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Terms Used In Tennessee Code 57-2-106

  • beverage: means and includes alcohol, spirits, liquor, wine, high alcohol content beer, and every liquid containing alcohol, spirits, wine, and high alcohol content beer and capable of being consumed by a human being, other than patent medicine or beer, as defined in §. See Tennessee Code 57-3-101
  • Commission: means the alcoholic beverage commission, except as otherwise provided. See Tennessee Code 57-3-101
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Distiller: means any person who owns, occupies, carries on, works, conducts or operates any distillery either personally or by an agent. See Tennessee Code 57-3-101
  • Distillery: means and includes any place or premises wherein any liquors are manufactured for sale. See Tennessee Code 57-3-101
  • License: means the license issued pursuant to this chapter. See Tennessee Code 57-3-101
  • Manufacturer: means and includes a brewer of high alcohol content beer, distiller, vintner and rectifier. See Tennessee Code 57-3-101
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105
(1) Manufactured in Tennessee;
(2) Made of a grain mixture that is at least fifty-one percent (51%) corn;
(3) Distilled to no more than one hundred sixty (160) proof or eighty percent (80%) alcohol by volume;
(4) Aged in new, charred oak barrels in Tennessee;
(5) Filtered through maple charcoal prior to aging;
(6) Placed in the barrel at no more than one hundred twenty-five (125) proof or sixty-two and one-half percent (62.5%) alcohol by volume; and
(7) Bottled at not less than eighty (80) proof or forty percent (40%) alcohol by volume.
(b) Any manufacturer who violates this section shall be subject to suspension or revocation of its license for a period of not less than one (1) year.
(c) Subdivision (a)(5) shall not apply to intoxicating liquor manufactured at a distillery located in a county that authorized the manufacturing process by referendum after January 1, 1979, and prior to January 1, 1980; provided, however, that any such distillery was first licensed by the state alcoholic beverage commission after January 1, 2000, and before January 1, 2001.
(d)

(1) Any Tennessee corporation, limited liability company or proprietorship that holds a federal distiller basic permit pursuant to 27 U.S.C. § 204 and had a licensed manufacturing operation in this state as of January 1, 2013, may label, market and sell any product owned or contracted to purchase by such permit holder on or after July 1, 2013, for a period of thirty-six (36) months; provided, however, that any product manufactured at such distillery after July 1, 2013, shall meet all the requirements of subsection (a) to be advertised, described, labeled, named, sold or referred to for marketing or sales purposes as “Tennessee Whiskey,” “Tennessee Whisky,” “Tennessee Sour Mash Whiskey,” or “Tennessee Sour Mash Whisky”.
(2) This subsection (d) shall apply to any product that is referred to as “Tennessee Whiskey,” “Tennessee Whisky,” “Tennessee Sour Mash Whiskey,” or “Tennessee Sour Mash Whisky” under 27 C.F.R. part 5 on July 1, 2013.
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