On a federal level, the definition of Tennessee whiskey is legally established under the
North American Free Trade Agreement (NAFTA) that requires it to be "a straight Bourbon whiskey authorized to be produced only in the State of Tennessee".
Canadian food and drug laws state that Tennessee whiskey must be "a straight Bourbon whisky produced in the State of Tennessee". On a state level, the State of Tennessee has imposed stringent requirements for Tennessee whiskey. It is not enough under state law that the whiskey be produced in Tennessee; it must also meet specific quality and production standards. On May 13, 2013, Tennessee governor
Bill Haslam signed House Bill 1084, requiring the Lincoln County process (which involves maple charcoal filtering) to be used for products produced in the state labeled as "Tennessee Whiskey", along with the existing requirements for bourbon (e.g., mash consisting of at least 51% corn, aging in new charred oak barrels, and limits on
alcohol by volume concentration for distillation, aging, and bottling). The law contains a specific exception for
Benjamin Prichard's, which does not use the Lincoln County process. As federal law requires statements of origin on labels to be accurate, the Tennessee law effectively gives a firm definition to Tennessee whiskey. In 2014, legislation was introduced in the Tennessee state legislature to amend the 2013 law to allow the reuse of barrels in the aging process. Diageo, which owns
George Dickel, supported the proposed change. Arnett blasted the proposed amendment, going as far as to accuse Diageo of attempting to weaken the quality of Tennessee whiskey to protect its Scotch and bourbon brands. Diageo argued that the 2013 law was an attempt by Jack Daniel's to push smaller competitors out of the market. As of 2013, many
Tennessee counties still prohibit the sale of alcohol. In 2009, the
Tennessee General Assembly amended the statute that had for many years limited the distillation of
drinkable spirits to just three of
Tennessee's 95 counties (Lincoln, Moore, and
Coffee). The revised law allows distilleries to be established in 41 additional counties. This change is expected to lead to the establishment of more small distilleries, thus increasing the number of producers of Tennessee whiskey. ==Brands==