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TTB Adds Brazilian Cachaça Standard of Identity; Brazil to Recognize Bourbon & Tennessee Whiskey in Return

The Alcohol and Tobacco Tax and Trade Bureau finalized its addition of Cachaça standard of identity, following negotiations that will also result in the Brazilian government recognizing standards for Bourbon and Tennessee Whiskey. The final rule is effective April 11, but a grace period until about Aug. 24 will be allowed for some spirits with noncompliant labeling.

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TTB is adding Cachaça as a type within the class designation “rum” that is a “distinctive product of Brazil, manufactured in Brazil in compliance with the laws of Brazil regulating the manufacture of Cachaça for consumption in that country.” TTB will allow the name to be spelled with or without the diacritic mark, i.e., Cachaça or Cahcaca. Products meeting the standard of identity will be able to be labeled as “Cachaça” with or without the designation “rum” on the label.

Distilled spirits for which corn or corn syrup is used in the fermentation process will not meet the standard, because they don’t comply with Brazilian laws and the U.S. standard for rum. Products that use corn syrup will be required to be labeled with distinctive or fanciful names, as well as statements of composition. Use of the term “Cachaça” will not be allowed in such names, so labels on spirits produced with corn syrup that include the term Cachaça will be revoked. TTB has allowed a 180-day grace period, until about Aug. 24, for such labels.

The addition of a cachaça standard of identity comes after negotiations that began last year to promote trade in distilled spirits between the U.S. and Brazil. An agreement signed by U.S. and Brazilian officials in April 2012 said that Brazil would designate Bourbon Whiskey and Tennessee Whiskey as distinctive products of the U.S. 30 days after this TTB final rule adding the Cachaça standard of identity.

(See ITT’s Online Archives 12040924 for summary of the April 2012 agreement on whiskey and cachaça.)