The law contains a specific exception for Benjamin Prichard's, which does not use the Lincoln County process. 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). It is not enough under state law that the whiskey be produced in Tennessee it must also meet specific quality and production standards.
On a state level, the State of Tennessee has imposed stringent requirements for Tennessee whiskey. Canadian food and drug laws state that Tennessee whiskey must be "a straight Bourbon whisky produced in the State of Tennessee".
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On a federal level, the definition of Tennessee whiskey is legally established under the North American Free Trade Agreement (NAFTA) and at least one other international trade agreement that require it to be "a straight Bourbon whiskey authorized to be produced only in the State of Tennessee". Ironically, the only whiskey currently produced within the current boundaries of Lincoln County is Prichard's, which is the only Tennessee whiskey that does not use the Lincoln County Process. However, in 1871, the boundaries of the county changed, placing the Jack Daniel's distillery and the surrounding area in the newly created Moore County. The filtering process is named for Lincoln County, Tennessee, the home of the Jack Daniel's distillery when it originally began operations. The companies that produce whiskey in this manner suggest this step improves the flavor of the whiskey. Nearly all Tennessee whiskeys undergo a filtering stage called the Lincoln County Process, in which the whiskey is filtered through (or steeped in) a thick layer of maple charcoal before it is put into new charred oak barrels for aging. The next distillery to be licensed in the state, George Dickel, followed in 1958 as a revived brand. Following repeal in 1933, Jack Daniel's moved operations back to Lynchburg (the company's attempts at production in Missouri and Alabama did not yield any saleable product) as the first distillery to open post- Prohibition. Statewide prohibition on the sale and manufacture of alcohol took effect in 1910, wiping out the industry. By the end of the 19th century, there were over 700 licensed distilleries in the state. Jack Daniel's was established as a brand in 1875. Filtering of whiskey through maple charcoal was practiced as early as 1825 by Alfred Eaton in Tullahoma, though the process was likely used earlier outside of Tennessee.
President Andrew Jackson served Tennessee whiskey in the White House, a custom continued by James Polk. Whiskey production in Tennessee started with the emigration of Scotch-Irish from Pennsylvania and Virginia.
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