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What are the regulations for Bourbon production?

Quick answer

Under U.S. federal rules (27 CFR 5.143), bourbon whisky must be made from a mash of at least 51% corn, distilled at 160 proof or less, and stored in charred new oak barrels. Bottled whisky must be at least 40% ABV (80 proof). Straight bourbon must also age at least 2 years.

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In this article
  1. What does the law require for a spirit to be called bourbon?
  2. Is there a bourbon age requirement?
  3. What is the difference between whisky and bourbon in the rules?

What does the law require for a spirit to be called bourbon?

The eCFR text of 27 CFR 5.143 sets these standards for bourbon whisky:

  • Mash: a fermented mash of not less than 51% corn.
  • Distillation: 160 proof or less (80% ABV).
  • Barrels: charred new oak barrels, filled at 125 proof or less.
  • Bottling: not less than 40% alcohol by volume (80 proof), the general minimum for whisky.

Is there a bourbon age requirement?

The table in the rule sets no minimum age for plain bourbon whisky. Straight whisky, including straight bourbon, must be stored in charred new oak barrels for a minimum of 2 years. The text we read does not cover age statements on labels, so we do not state that rule.

What is the difference between whisky and bourbon in the rules?

Whisky in general is distilled from a mash of any grain at less than 95% ABV (190 proof) and stored in oak barrels (corn whisky is the exception). Bourbon adds the corn, proof and new charred barrel conditions above.

Rule Bourbon whisky
Corn in mash At least 51%
Distilled at 160 proof or less
Barrels Charred new oak
Bottled at 80 proof (40% ABV) or more

Rules can change, so check the current eCFR text for any label question.

People also ask

What does the law require for a spirit to be labeled bourbon?

At least 51% corn in the mash, distillation at 160 proof or less, charred new oak barrels, and bottling at 80 proof or more, per 27 CFR 5.143.

How long does bourbon have to age?

Plain bourbon has no minimum in the table we read. Straight bourbon must age at least 2 years in charred new oak barrels.

Does bourbon have to be made in Kentucky?

The 27 CFR 5.143 text we read does not mention a state requirement, so we do not make a claim about it.

General information only, not medical advice. If you have a health condition or are pregnant, ask your doctor before changing what you drink.

Sources

  1. U.S. eCFR: 27 CFR 5.143 Whisky, read 5 Nov 2026
Written by Drinks Type Editorial Team · Published Jan 10, 2024 · Updated Nov 5, 2026
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