The Scotch Whisky Regulations 2009

General interpretation

4.—(1) In these Regulations—

“authorised officer” means any person appointed by an enforcement authority under regulation 17;

“blending” has the meaning given in the first sub-paragraph of paragraph (7) of Annex I to Regulation (EC) No 110/2008 as it applies in relation to a combination of whiskies and “blend” and “blended” shall be construed accordingly;

“enforcement authority” means an authority exercising a function conferred on it by regulation 16;

“excise warehouse” means a place of security approved under section 92(1) of the Customs and Excise Management Act 1979(1) or section 15(1) of the Alcoholic Liquor Duties Act 1979(2);

“food authority”—

“manufacture” includes—

“officer” —

“packaging” has the meaning given in paragraph (17) of Annex I to Regulation (EC) No 110/2008;

“penalty” means the amount specified in a penalty notice;

“penalty notice” means a notice offering the opportunity, by payment, in accordance with these Regulations, of a specified amount, to discharge any liability to be convicted of the penalty offence to which the notice relates;

“penalty offence” means an offence for which a penalty notice may be given under regulation 32;

“permitted place”, in relation to a place where a whisky has been matured in Scotland, means any place in Scotland to which a whisky (or whisky distillate) that had previously been matured in an excise warehouse in Scotland is moved for a purpose mentioned in sub-paragraph (a), (b), (c), (d) or (f) of regulation 16(2) of the Excise Warehousing (Etc.) Regulations 1988(4);

“port health authority” means—

“premises” includes any place, vehicle or trailer, shipping container (whether used for transporting cargo or for storage), stall or moveable structure, ship or aircraft;

“presentation” has the meaning given in paragraph (15) of Annex I to Regulation (EC) No 110/2008;

“protected locality” means a locality mentioned in regulation 10(5);

“protected region” means a region mentioned in regulation 10(6);

“Regulation (EC) No 110/2008” means Regulation (EC) No 110/2008(6) of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/89;

“relevant court” means—

“sell” includes offer or expose for sale or have in possession for sale;

“whisky” has the meaning given in point 2 of Annex II to Regulation (EC) No 110/2008;

“whisky-based drink” means a drink, other than whisky, that contains whisky; and

“whisky distillate” means a whisky distillate as described in point 2(a)(i) and (ii) of Annex II to Regulation (EC) No 110/2008.

(2) Other expressions used in these Regulations and Regulation (EC) No 110/2008 have their meanings in Regulation (EC) No 110/2008.

(3) In these Regulations “container” (except as used in the expression “shipping container”) has the same meaning as in paragraph (16) of Annex I to Regulation (EC) No 110/2008, and includes any cap or other device by which the receptacle has been closed, any tag attached to the receptacle, and any sheathing covering its neck, and—

(a)any reference to a container of Scotch Whisky must be construed as a reference to a container into which Scotch Whisky has been put for the purpose of subsequent sale; and

(b)any reference to the front of a container includes a reference to any label attached to the front of a container.

(4) In these Regulations any reference to the labelling of Scotch Whisky must be construed as a reference to the labelling of a container of Scotch Whisky for the purposes of subsequent sale (whether by attaching a label to the container, direct printing onto the container, moulding on the container or any other method by which information is included on a container).

(5) In these Regulations any reference to the packaging of Scotch Whisky must be construed as a reference to the packaging of a container of Scotch Whisky for the purposes of subsequent sale.