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The 5 Rules of Bourbon


Bourbon is one of the most tightly regulated spirits in the world — more so than Scotch, more so than most anything else in your liquor cabinet. That's not an accident. The rules exist because bourbon earned a reputation worth protecting.

In 1964, the U.S. Senate passed Concurrent Resolution 19, officially designating bourbon as a "distinctive product of the United States." The roots of regulation go back even further — to the Pure Food and Drug Act of 1906. So when someone tells you bourbon is "just American whiskey," they're underselling it by about a century of law.

Here's what the rules actually say:

1. Made and aged in the United States

Bourbon can be produced anywhere in the U.S. — not just Kentucky, despite what the marketing often implies. Kentucky makes the most bourbon, but it's not a legal requirement.

2. At least 51% corn in the mash

The grain bill must be majority corn. That's what gives bourbon its characteristic sweetness. The remaining grain — usually rye, wheat, or malted barley — is where distillers differentiate themselves. High-rye bourbons are spicier; wheated bourbons tend to be softer and sweeter.

3. Distilled to no more than 160 proof (80% ABV)

Higher distillation strips flavor. The cap keeps bourbon from becoming a neutral spirit. Most distillers come in well below this ceiling to preserve the character of the grain.

4. Aged in new, charred oak barrels at no more than 125 proof

Two requirements in one: the barrels must be new (no re-use for bourbon aging) and charred. The 125 proof ceiling on barrel entry is the law's way of ensuring the wood does meaningful work on the spirit — higher proof means less water, and water is part of how bourbon extracts flavor from oak. There's no legal minimum entry proof, which gives distillers real flexibility. Barrel entry proof is worth understanding in more depth — it has more influence on the finished product than most people realize.

On aging time: there's no minimum for plain bourbon — though "straight bourbon" requires at least two years, and anything under four years must state the age on the label.

5. Bottled at no less than 80 proof

The floor is 80 proof (40% ABV). No watering it down to nothing.


That's it. Five rules. No minimum age for plain bourbon, no requirement to be made in Kentucky, no specified char level for the barrels. The regulations leave room for creativity while protecting what makes bourbon bourbon.

One thing the rules don't cover: quality. You can follow every regulation and still produce something forgettable. That's where the reviews come in.