Definition
By definition, aguardientes are strongly alcoholic beverages, obtained by fermentation and later distillation of sugared or sweet musts, vegetable macerations, or mixtures of the two. This is the most generic level; by this definition, aguardientes may be made from a number of different sources. Fruit-based aguardientes include those made from oranges, grapes, bananas, or medronho ("cane apple"). Grain-based ones may be made from millet, barley, or rice and tuber-based aguardientes from beet, manioc, or potato, and finally what are classed as "true" aguardientes from sugarcane and other sweet canes, including some species of bamboo. Under this definition, many other distinct liquors could be called aguardientes, including vodka, shochu, pisco, and certain forms of hard chicha.
This definition, nevertheless, is not legally accepted by the European Union, which uses a very traditional concept of "aguardiente". All "aguardientes" have to be "obtained by the distillation after alcoholic fermentation of an agricultural product or products listed in Annex I to the Treaty which does not have properties of ethyl alcohol or of spirit drink but still retains the aroma and taste of raw material(s) used. Where reference is made to the raw material used, the distillate must be obtained exclusively from raw material". From bananas, or oranges or medronho it is not possible to obtain "aguardiente". Cognac, Armagnac and Lourinhã, instead, are namely listed as concrete wine "aguardiente". Calvados is listed between other cider and perry "aguardientes".
On 14 November 1996, it was concluded in analysis that cane aguardiente and cachaça are similar, but distinct, products. Cane aguardiente was thereafter defined in Brazil as an alcoholic beverage of between 38% and 54% alcohol by volume, obtained by simple fermentation and distillation of sugarcane that has already been used in the sugar-production process, and which has distinct flavour similar to rum. Cachaça, on the other hand, is an alcoholic beverage of between 38% and 48% alcohol by volume, obtained by fermentation and distillation of sugarcane juice which may have added sugar up to 6 g/L.
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