The Scotch Whisky Regulations 2009

Regulation 9(1)

SCHEDULE 1 U.K. DISTILLERIES TO WHICH REGULATION 9(1) APPLIES

Column (1)	Column (2)
Aberfeldy	Glenmorangie
Aberlour	Glen Moray (also known as Glen Moray-Glenlivet)
Abhainn Dearg (also known as Red River)	Glen Ord
Ailsa Bay	Glenrothes
Allt a’ Bhainne	Glen Scotia
Ardbeg	Glen Spey
Ardmore	Glentauchers
Auchentoshan	Glenturret
Auchroisk	Highland Park
Aultmore	Inchgower
Balblair	Invergordon
Balmenach	Isle of Arran
Balvenie	Isle of Jura
Ben Nevis	Kilchoman
Benriach	Kilkerran
Benrinnes	Kininvie
Benromach	Knockando
Bladnoch	Knockdhu
Blair Athol	Lagavulin
Bowmore	Laphroaig
Braeval	Linkwood
Bruichladdich	Loch Ewe
Bunnahabhain	Loch Lomond
Cameronbridge	Longmorn
Caol Ila	Macallan
Caperdonich	Macduff
Cardhu	Mannochmore
Clynelish	Miltonduff
Cragganmore	Mortlach
Craigellachie	North British
Daftmill	Oban
Dailuaine	Port Dundas
Dalmore	Pulteney
Dalwhinnie	Roseisle
Deanston	Royal Brackla
Dufftown (also known as Dufftown-Glenlivet)	Royal Lochnagar
Edradour	Scapa
Fettercairn	Speyburn
Girvan	Speyside
Glenallachie	Springbank
Glenburgie	Strathclyde
Glencadam	Strathisla
Glendronach	Strathmill
Glendullan	Talisker
Glen Elgin	Tamdhu
Glenfarclas	Tamnavulin
Glenfiddich	Teaninich
Glen Garioch	The Glenlivet
Glenglassaugh	Tobermory
Glengoyne	Tomatin
Glen Grant	Tomintoul
Glen Keith	Tormore
Glenkinchie	Tullibardine
Glenlossie

Regulation 9(3)

SCHEDULE 2 U.K. CIRCUMSTANCES IN WHICH REGULATION 9(2) DOES NOT APPLY

Regulation 9(2) does not apply where a distillery has changed its name and the new name for the distillery is used as a brand name, or as part of a brand name (or is used in a similar fashion in terms of its position or prominence) for a Scotch Whisky distilled at that distillery before the new name had been adopted.

Regulation 10(2)

SCHEDULE 3 U.K. CIRCUMSTANCES IN WHICH REGULATION 10(1) DOES NOT APPLY

1.  Regulation 10(1) does not apply where the name of a protected locality or a protected region forms part of a trade mark or company name registered before 1^st September 2009 and the name of the protected locality or protected region is only included on the labelling or packaging of a Scotch Whisky, or a Scotch Whisky-based drink, as part of that trade mark or company name. U.K.

2.  Regulation 10(1) does not apply where the name of a protected locality or a protected region is mentioned only as part of the address of the distiller, producer, bottler, brand owner or seller of the drink. U.K.

3.  In relation to a Blended Malt Scotch Whisky, a Blended Grain Scotch Whisky or a Blended Scotch Whisky, regulation 10(1) does not apply where— U.K.

(a) a protected locality or protected region is only mentioned by a reference to the individual whiskies that have been blended together to make the whisky; and

(b) the individual whiskies that have been blended together to make the whisky were not distilled anywhere else but in the specified localities or regions.

4.  Regulation 10(1) does not apply where a brand owner refers in the labelling, packaging or advertising of one of their brands of Scotch Whisky to another brand of Scotch Whisky owned by them and the reference to the other brand includes a reference to a protected locality or protected region in which that other brand is distilled. U.K.

Regulation 34(2)

SCHEDULE 4 U.K. FACTORS TO BE TAKEN INTO ACCOUNT IN DETERMINING THE AMOUNT OF A PENALTY

PART 1 U.K. Aggravating factors

1.  Seriousness of the non-compliance. U.K.

2.  Financial harm to consumers. U.K.

3.  Financial harm to competitors. U.K.

4.  Duration of non-compliance. U.K.

5.  Evidence of intention behind the non-compliance. U.K.

6.  History of non-compliance of the person (“P”) to whom the penalty notice is to be given. U.K.

7.  Financial gain made by P as a result of the non-compliance. U.K.

8.  Financial resources of P. U.K.

9.  Size of P’s business. U.K.

10.  Availability of the non-compliant product, including the number of retail shops in which it has been marketed. U.K.

11.  Where P is a retailer with a number of retail shops, the number of retail shops operated by them (whether or not there is evidence that the non-compliant product has been, or may have been, marketed in all of those shops). U.K.

12.  The conduct of P after the non-compliance is drawn to their attention by an enforcement authority. U.K.

13.  Previous action taken by the enforcement authority to help P comply with the Regulations. U.K.

PART 2 U.K. Mitigating factors

1.  Action taken to eliminate or reduce the risk of harm resulting from the non-compliance. U.K.

2.  Action taken by P to repair the harm done by the non-compliance. U.K.

3.  Any co-operation given to the enforcement authority by P in responding to the non-compliance. U.K.

4.  Whether P reported the non-compliance to the enforcement authority. U.K.

5.  Financial resources of P. U.K.

6.  Size of P’s business. U.K.

7.  Availability of the non-compliant product, including the number of retail shops in which it has been marketed. U.K.

8.  The conduct of P after the non-compliance is drawn to their attention by an enforcement authority. U.K.

9.  Where the non-compliance was committed by an employee of P, the extent to which the employee was acting outside of their authority. U.K.