97.29 Food processing plants.
(5) Rule making. The department may promulgate rules to establish the fees, required under sub. (3) (a) or (c), or to govern the operation of food processing plants. Rules may include standards for the construction and maintenance of facilities; the design, installation, cleaning and maintenance of equipment and utensils; personnel sanitation; food handling and storage; sanitary production and processing; and food sources and food labeling.
4. Estimate of the amount of time that state employees will spend to develop the rule and of other resources necessary to develop the rule:
DATCP estimates that it will use approximately 0.20 FTE staff to develop this rule. That includes time required for investigation and analysis, rule drafting, preparing related documents, coordinating advisory committee meetings, holding public hearings and communicating with affected persons and groups. DATCP will use existing staff to develop this rule.
5. Description of all entities that may be impacted by the rule:
This rule will affect Wisconsin maple syrup producers who wish to grade their product. The rule may also help those producers market their product in interstate and international commerce and may help Wisconsin’s maple syrup producers develop and market new products. It will help consumers of Wisconsin maple syrup to more easily compare and choose the maple syrup product they prefer. After review and consultation with industry, this rule may also be revised to clarify requirements that must be met by maple syrup producers who hold a food processing plant license.
6. Summary and preliminary comparison of any existing or proposed federal regulation that is intended to address the activities to be regulated by the rule:
This rule may bring Wisconsin’s maple syrup grading regulations into alignment with the newly adopted Untied States Standards for Grades of Maple Syrup. USDA adopted the final regulations on March 2, 2015 to replace existing maple syrup grading standards that were adopted by USDA on January 14, 1980. USDA adopted the maple syrup grading standards in response to a request from the IMSI, who represents the international maple syrup industry, which is located primarily in Canada and the United States. The goal of this effort was to replace a “patchwork” of state and federal grading standards with one simplified set of standards based primarily on the color and taste of the maple syrup.
The newly adopted federal standards replace the previous federal grading standards with new color and flavor descriptors, consistent with international maple syrup grading standards. Certain dark maple syrup which previously could only be sold for further processing may now be sold directly to consumers as Grade A syrup, if the syrup is free from damage. The regulation makes the reference to “USDA Color Standards for Maple Sirup”, which were based on the USDA permanent glass color standards, obsolete. The new federal standards require that maple syrup color now be determined by using a spectrophotometer, or any method that provides equivalent results. The federal grading standards replace the previous “U.S. Grade B for Reprocessing” classification with a new “Processing Grade”, which is not based on color but refers to maple syrup that fails to meet Grade A standards but is fairly free of damage, turbidity or cloudiness, and is fairly clean. “Processing Grade” maple syrup is intended for use in commercial markets and may be used in the manufacturing of other products. Finally, the standards also modernize the spelling of syrup.
Wisconsin’s current maple syrup grading standards differ from the new federal standards in several ways. The federal grading categories include four new color and flavor classes of syrup including: U.S. Grade A Golden, U.S. Grade A Amber, U.S. Grade A Dark, and U.S. Grade A Very Dark, along with the Processing Grade. All Grade A syrup must possess a “good maple flavor”, be “clean, free from turbidity or cloudiness,” and “off-flavors and odors”; and have “good uniform color.” Wisconsin’s grading standards are also based on color and flavor, as well as the clarity of the syrup, but only include three classifications. Wisconsin fancy maple syrup is lighter than medium amber and has a “characteristic and pleasant maple flavor” and Wisconsin Grade A maple syrup may not be lighter than medium amber nor darker than dark amber, possess a “characteristic maple flavor,” and may contain a “trace” of sediment. Unlike the federal standards for Processing Grade syrup, Wisconsin’s manufacturer’s grade maple syrup is based on color, flavor, and level of sediment in the syrup. Wisconsin manufacturer’s grade is darker than dark amber, possesses a characteristic maple flavor and may contain “somewhat more than a trace” of sediment. Wisconsin’s standards still rely on “Permanent glass color standards for maple syrup,” while the federal standards replace this method that measures the percent of light transmission through the syrup as measured with a spectrophotometer.
7. Anticipated economic impact
DATCP expects the proposed rule to have only a positive economic impact on Wisconsin’s maple syrup industry. Use of a common, international grading system will make it easier for Wisconsin’s maple syrup industry to sell their product in interstate and international commerce. It will open a new market by allowing Wisconsin’s maple syrup producers to sell dark maple syrup, that would previously have been graded only for manufacturing uses, to be sold graded at retail, if the syrup meets other Grade A standards. It may also open markets for new products related to maple syrup production. If the department does not review food processing plant regulations, as they apply to maple syrup, it cannot be assured that Wisconsin’s regulations properly address maple syrup processing activities and are not confusing to the maple syrup industry.
Contact Person: Steve Ingham, Division of Food Safety Administrator, DATCP; Phone (608) 224-4701
