The new whisky regulations, the whisky trade's equivalent of the Lisbon Treaty, are to be announced on the 23rd November.

The regulations, ostensibly part of a drive to protect the industry and consumers - er..., and nothing at all to do with increasing profit margins for large whisky companies - are to be introduced by the UK Department for Environment, Food & Rural Affairs (Defra).  When Defra 'consulted' - essentially with the SWA -  on their proposals for the EU Spirit Drinks Regulations 2008, Defra also put forward the SWA's own new regulations on Scotch Whisky, the Scotch Whisky Regulations 2009.

Having failed in the distant past to corner the Gaelically derived 'Whisky' for exclusive usage, we can now all sleep better at night knowing that "Scotch Whisky" is now a protected Geographical Indication under the EC Regulation. Defra/SWA say that the proposed Regulations will: 

• Define five categories of "Scotch Whisky" (Single Malt Scotch Whisky, Single Grain Scotch Whisky, Blended Scotch Whisky, Blended Malt Scotch Whisky and Blended Grain Scotch Whisky).

• Allow the five "Scotch Whisky" categories to be supplemented initially by one of five regional names (Highland, Lowland, Speyside, Campbeltown, Islay). Further protected regions may be added to the Regulations at a later date. 

• Prohibit whisky from being labelled with the name of a distillery or a similar name if it is not a product of that distillery.   

• Prohibit labelling, packaging, presentation or advertising suggesting that a single malt was made at a distillery other than the actual distillery where it was made e.g. using made up company names. 

• Require all Scotch Whisky to be wholly matured in Scotland.  

• Prohibit the export from Scotland of Scotch Whisky in wooden casks 

• Prohibit the export of Single Malt Scotch Whisky unless it has been bottled and labelled.   

At first glance, this all looks fine and dandy, especially with the SWA spin. The stated aims, which will no doubt be rammed home mercilessly over the next few months, are to make things simpler for the consumer and safer for the Industry.  However, the initial drafting of the regulations was so sloppy the SWA chief executive, Gavin Hewitt, admitted it was open to misinterpretation. Assuming tighter drafting, and the raft of exceptions and omissions designed to protect SWA members' existing business interests, it is hard to see how the public will really be any the wiser.

"The new labelling rules provide a unique opportunity to promote consumer understanding of Scotch worldwide" insists the SWA's Gavin Hewitt. Though Alan Gray, author of the Scotch Whisky Industry Review 2009 produced by the stockbroker Sutherlands, the definitive industry bible, like many disagrees: "In Sutherlands' view there will be considerable consumer confusion between Blended Malt Scotch Whisky and Blended Scotch Whisky and a much clearer differentiation could surely have been agreed". The proposed category title was roundly criticised during the so called "consultation" as being too close to Blended Whisky. But the SWA were not going to be deflected from their preferred choice, a woefully ambiguous term, leading to suspicions that far from aiding understanding, the term was intended to be deliberately confusing.

It would not be the first time that the industry had resorted to such tactics; these regulations thankfully outlaw the deceptively misleading whisky title "pure malt" (pure as in "only", not the indication of naturalness) a delicious ambiguity much loved by sales and marketing departments for what for decades has been known for decades by the apparently "too industrial a term" - vatted malt. But old habits die hard: 'pure' malt out, 'blended' malt in. Another equally contentious term, playing on the visual similarity to the whisky's biggest selling title and the association with its most premium products.

A cynic would say this is more about combining the limitless volumes of blended whisky with the better margins of single malt.

SWA chief executive, Gavin Hewitt, said: "This is landmark legislation for Scotch Whisky delivering important benefits for consumers, distillers, and the economy". Safeguarding Scotch whisky from unfair and deceptive practices is undoubtedly the right thing to do.

But who needs to be protected from whom?