Bourbon vs whiskey vs scotch: what is the difference?
Updated October 2026 · BourbonTown Tours
Whiskey is the family, and bourbon and scotch are two of its members, so every bourbon and every scotch is a whiskey, but a whiskey need not be either. What sets them apart is law in two countries: US rules define bourbon by grain, barrel and country, and the Scotch Whisky Regulations define scotch by where it is made and how long it matures.
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Quick facts
- Bourbon starts from at least 51% corn, ages in new charred oak, and must be distilled and aged in the US.
- Scotch must be distilled in Scotland and matured there for at least three years in oak casks of 700 liters or less.
- Bourbon may take nothing but water, while scotch may take water and plain caramel coloring.
- "Whisky" and "whiskey" are both legal spellings on a US label.
Whiskey is the family: what every member shares
Under 27 CFR 5.143(a), whisky is distilled from a fermented mash of any grain at less than 190 proof, stored in oak (corn whisky excepted) and bottled at 80 proof or more. The federal table then sorts American types by grain: rye, wheat, malt and rye malt whisky each need at least 51% of the named grain, and corn whisky needs at least 80% corn. Rye has its own page on how rye whiskey compares with bourbon, and Tennessee whiskey, with its state law and charcoal step, is covered in whether Jack Daniel's qualifies as bourbon.
A second table lists Scotch, Irish and Canadian whisky as distinctive products of their countries, made under their own laws. For scotch, the federal rule writes no recipe; it defers to UK law.
Bourbon: a United States recipe and barrel rule
The federal standard for bourbon, 27 CFR 5.143, comes down to a recipe, a barrel and a country. The grain bill is at least 51% corn, the spirit is distilled to 160 proof or less and barreled in charred new oak at no more than 125 proof, with no neutral spirits added, and bottling strength is 80 proof or more. Under 5.143(b), the word bourbon is reserved for whisky both distilled and aged in the US. Rye, wheat, malt and rye malt whisky that is not straight may take small amounts of harmless coloring, flavoring and blending materials, but the rule adds "except for bourbon whisky", so bourbon may take only water.
The rule names no state, so bourbon can come from any US state, not only from the Kentucky bourbon distilleries we cover. Nor does the rule set a minimum age: the two-year floor belongs to straight bourbon.
Scotch: a place and time rule under the Scotch Whisky Regulations 2009
Regulation 3 of the Scotch Whisky Regulations 2009 (SI 2009/2890) defines scotch in UK law. The spirit is made from water and malted barley, to which only whole grains of other cereals may be added, and mashed, fermented and distilled at a distillery in Scotland, below 94.8% alcohol by volume. It then matures in Scotland for at least three years in oak casks of no more than 700 liters.
Where bourbon's rule is mostly about ingredients and wood, scotch's is mostly about geography and time. A spirit distilled in Scotland and shipped abroad to mature is not scotch, however long it rests.
The cask rule asks for oak and a size limit, nothing more, so new and used casks both qualify. Used bourbon barrels are a common choice in Scotland, but that is industry practice, not a legal requirement.
Malt, grain and the pot-still rule
Two rules apply only to malt whisky. Single malt and blended malt scotch must be made entirely from malted barley and distilled in pot stills; grain whisky need not be. The general definition, which covers both, allows other whole cereals and names no still.
Bourbon law names no still at all, though some Kentucky distillers choose the pot: Woodford Reserve runs copper pot stills, as our visitor guide to Woodford Reserve describes.
American single malt whisky is now a federal type too, with the same 700-liter cask limit as scotch: all malted barley, distilled at one US distillery, and aged only in the United States in oak barrels, used or new, with any caramel disclosed.
The two legal texts, rule by rule
Set side by side, the two rules part on color, cask and age as well as on grain and place.
| Rule | Bourbon (27 CFR 5.143) | Scotch (SWR 2009, regulation 3) |
|---|---|---|
| Where it is made | Distilled and aged in the US. | Distilled and matured in Scotland. |
| Grain | At least 51% corn. | Malted barley; only whole grains of other cereals may be added. |
| Wood | Charred new oak. | Oak casks of 700 liters or less, new or used. |
| Minimum age | None. | Three years. |
| Additions allowed | Water only. | Water and plain caramel coloring. |
| Bottling strength | At least 80 proof (40% ABV). | At least 40% ABV. |
Caramel is the sharpest split. Scotch may carry plain caramel coloring, the additive commonly labeled E150a; bourbon may not, and where bourbon's color comes from is covered on its own page.
Frequently asked questions
Is bourbon a whiskey?
Yes. Bourbon is a type within the federal whisky class, so every bourbon is a whiskey. The reverse does not hold. A rye fails the bourbon standard on grain, a corn whisky on wood, and an Irish whiskey or a scotch on country, so each is sold under its own name.
What makes a scotch a scotch?
The law, not a style. A whisky is scotch only if it meets regulation 3 of the Scotch Whisky Regulations 2009, which ties distilling and at least three years of oak maturation to Scotland. US rules protect the name as well: under 27 CFR 5.90, "Scotch" and "Scots" may designate only spirits wholly made in Scotland, apart from a narrow allowance for flavored scotch.
Is bourbon sweeter than scotch?
Not by any rule: no law measures sweetness, and neither rule ranks the two. Bourbon must be mostly corn and must age in charred new oak, whose char and toasted wood supply much of the vanilla and caramel a drinker tastes. Scotch may be all malted barley and may mature in used casks, so that new-oak character is not written into its rules.
What is the difference between whiskey and whisky?
Spelling only. In the United States, 27 CFR 5.143(b) allows either form on a label, and the federal rule itself heads the class "whisky". The UK regulations name the product Scotch Whisky, without the e. Neither spelling changes how a spirit must be made.
What is single malt scotch?
Single malt scotch is scotch distilled at one distillery from water and malted barley only, in pot stills, under regulation 3(2) of the Scotch Whisky Regulations 2009. "Single" refers to the distillery, not to one cask or one batch. It must also meet every general scotch rule.
Kentucky distilleries work within these rules
Inside the federal limits on this page, each Kentucky distillery chooses its own mash bill, proof and barrels. BourbonTown Tours can build a private day at the Kentucky distilleries your group wants to compare.
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