The process of converting grain
into distilled spirits requires a tremendous amount of grain, and therefore, creates
a significant volume of “slop” – the material remaining after fermented mash
has been distilled – as a byproduct. A
more attractive name often used after most of the water is removed from the
slop is “distillers grain,” or the more Agri-Science-sounding name of “distiller
dried grains,” with its acronym, “DDG.”
Although most of the starch is
removed from the grains, practically all of the protein, fat, and fiber remain
in the slop. (Slop is alcohol free, so
the laugh-lines used by some tour guides about “very happy cattle” are just
jokes.) Slop from a traditional Bourbon
mash bill will have a higher fat content because of the corn, and therefore,
slop from early Kentucky distillers became recognized as a valuable source of
livestock feed. With the high capacity
of today’s distilleries, anyone who has taken a tour has probably heard that
the distilleries allow local farmers to haul away distillers grain, free of
charge, for their use in feeding livestock.
In the early days of
farmer-distillers, distillation runs were small enough that the slop could be used
for the farmer’s own livestock. Even as
distilleries grew into commercial enterprises, they often maintained livestock
as a secondary source of income, or leased adjoining land to farmers, and used
their built-in supply of slop for feeding the livestock.
However, as America and
distilleries continued to grow together, and as the pace of distillation
increased with larger stills and the introduction of column stills, the production
of slop outstripped the immediate needs of the distiller, and sometimes of the
local community. Slop was often piped into
waterways or sewers, or retention ponds overflowed into waterways, polluting
rivers, killing fish, and creating an awful stench. This put Bourbon on the front line of
conservation and preservation efforts in the early 1900’s.
As early as 1904, in addressing slop
from the Peacock Distillery in Bourbon County that polluted “Stoner Creek,” the
Court of Appeals of Kentucky ruled that “Every person must use his own property
and conduct his business with regard to certain rights of his neighbors.” Peacock
Distillery Co. v. Commonwealth, 25 Ky. L. Rptr. 1778 (1904). Theories of land-use rights in the United
States had previously stressed the right of landowners to use their land and
resources however they saw fit; Peacock
Distillery shows the emerging trend that balanced individual rights with
the common good.
Kentucky Peerless Distilling Co.,
which was recently reborn in Louisville, gave its original home of Henderson,
Kentucky, its share of water problems in the early 1900’s. As explained in a trio of cases, City of Henderson v. Robinson, 152 Ky.
245 (1913), City of Henderson v. Kentucky
Peerless Distilling Co., 161 Ky. 1 (1914), and Kraver v. Smith, 164 Ky. 674 (1915), Kentucky Peerless and its owner,
Henry Kraver, were accused of polluting Canoe Creek with distillery slop so
severely that “the waters of the creek were thereby made so impure as to render
them unfit for use as stock water, cause them to emit foul odors, and so poison
the atmosphere surrounding the creek as to endanger the lives of each of the
[plaintiffs], his family and stock, make their houses at time uninhabitable,
and depreciate the value and use of the real estate along and contiguous to the
stream on which each resides.”
Similar lawsuits were brought
against the Eminence Distilling Company in Henry County (Thomas’ Adm’r v. Eminence Distilling Co., 151 Ky. 29 (1912)) where
a boy’s death was blamed on falling
into and accidentally swallowing water from Fox Run Creek, the Commonwealth
Distillery in Fayette County (Kentucky
Distilleries & Warehouse Co. v. Commonwealth, 24 Ky. L. Rptr. 2154
(1903)), and the Walsh Distillery in Bourbon County (Commonwealth v. Kentucky Distilleries & Warehouse Co., 154 Ky.
787 (1913)).
Cows love DDG
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