Wisconsin Legislature: ATCP 87.07(1)(b)

ATCP 87.04 Ungraded honey.

(1) Every producer who does not intend to market all the honey in conformity with the standards established by this order shall plainly stamp or mark “Ungraded” on each container or section, and on each case or box.

(2) When a producer sells a portion of an annual honey crop on a graded basis, all of such annual honey crop shall be sold on a graded basis and no part thereof sold as “Ungraded” honey.

(3) This section shall not be construed to prohibit the sale of Ungraded honey to any consumer selecting honey on the basis of flavor and completing the purchase on the premises of the packer or dealer.

History: 1-2-56; correction made under s. 13.93 (2m) (b) 5., Stats., Register, April, 1993, No. 448; renum. from ATCP 156.04, Register, February, 1996, No. 482, eff. 3-1-96; CR 11-038: renum from 157.04 Register January 2012 No. 673, eff. 2-1-12.

ATCP 87.05 Comb honey.

(1) Wisconsin fancy white. No honey may be graded or labeled Wisconsin Fancy White unless it conforms to the following standards:

(a) No section shall weigh less than 131⁄2 ounces gross or 121⁄2 ounces net.

(b) It shall consist of good quality comb honey in which the sections are free from propolis or other stain.

(c) The combs shall be free from travel stain, firmly attached, not projecting beyond the wood, uniformly colored throughout, evenly capped and entirely sealed except the cells in the outside row next to the wood which may be unsealed.

(2) Wisconsin No. 1. No honey may be graded or labeled Wisconsin No. 1 unless it conforms to the following standards:

(a) No section shall weigh less than 12 ounces gross or 11 ounces net.

(b) It shall consist of good quality comb honey in which the sections are free from propolis or other stain.

(c) The combs shall be firmly attached, not projecting beyond the wood and entirely sealed except that not more than 6 cells on each side, in addition to those of the outer row next to the wood, may be unsealed.

(d) The combs may show slight travel stain and surface irregularity, and not to exceed 10 cells on each side may contain honey of a color other than that declared on the label.

(3) Wisconsin No. 2. Honey of this grade shall consist of good quality comb honey which falls below the standards for the grades “Wisconsin Fancy” or “Wisconsin No. 1”.

History: 1-2-56; renum. from ATCP 156.05, Register, February, 1996, No. 482, eff. 3-1-96; CR 11-038: renum from 157.05 Register January 2012 No. 673, eff. 2-1-12.

ATCP 87.06 Cut comb honey.

(1) Wisconsin fancy white. No honey may be graded or labeled Wisconsin Fancy White unless it conforms to the following standards:

(a) It shall be free from open or unsealed cells, weeping or bruised surface or wet edges.

(b) It shall be wrapped in transparent material to prevent leakage and shall be packed in a container, which may be open at the top.

(2) Wisconsin No. 1. No honey may be graded or labeled Wisconsin No. 1 unless it conforms to the following standards:

(a) It shall meet the requirements under sub. (1) (a) and (b) of Wisconsin Fancy cut comb honey.

(b) It shall meet all other requirements of Wisconsin No. 1 comb honey except as to weight.

History: 1-2-56; renum. from ATCP 156.06, Register, February, 1996, No. 482, eff. 3-1-96; CR 11-038: renum from 157.06 Register January 2012 No. 673, eff. 2-1-12.

ATCP 87.07 Chunk honey.

(1) Wisconsin fancy white. No honey may be graded or labeled Wisconsin Fancy White unless it conforms to the following standards:

(a) It shall consist of a combination of comb honey equal to Wisconsin Fancy White comb honey and extracted honey equal to Wisconsin Fancy White extracted honey.

(b) One-half its net weight shall be comb honey in not more than 2 pieces and it shall have no broken pieces of comb honey.

(2) Wisconsin No. 1. No honey may be graded or labeled Wisconsin No. 1 unless it conforms to the following standards:

(a) It shall consist of a combination of comb honey equal to Wisconsin No. 1 comb honey and extracted honey equal to Wisconsin No. 1 extracted honey.

(b) One-half its net weight shall be comb honey in not more than 2 pieces and it shall have no broken pieces of comb honey.

History: 1-2-56; renum. from ATCP 156.07, Register, February, 1996, No. 482, eff. 3-1-96; CR 11-038: renum from 157.07 Register January 2012 No. 673, eff. 2-1-12.

ATCP 87.08 Extracted honey.

(1) Wisconsin fancy white. No honey may be graded or labeled Wisconsin Fancy White unless it conforms to the following standards:

(a) It shall weigh not less than 11 pounds 12 ounces per gallon of 231 cubic inches at 68° Fahrenheit.

(b) It shall be clean; shall be free from odors or flavors foreign to honey; and shall contain no honeydew.

(d) It shall be heat-treated to prevent fermentation and delay crystallization.

(2) Wisconsin no. 1. No honey may be graded or labeled Wisconsin No. 1 unless it conforms to the following standards:

(a) It shall weigh not less than 11 pounds 10 ounces per gallon of 231 cubic inches at 68° Fahrenheit.

(b) It shall be clean; shall be free from odors or flavors foreign to honey; and shall contain no honeydew.

(3) Wisconsin no. 2. No honey may be graded or labeled Wisconsin No. 2 unless it conforms to the following standards:

(a) It shall weigh not less than 11 pounds 8 ounces per gallon of 231 cubic inches at 68° Fahrenheit.

(b) It shall be fairly clean, but may contain a small number of air bubbles or other edible substances in suspension.

(d) It may contain a maximum of 20% honeydew.

History: 1-2-56; renum. from ATCP 156.08, Register, February, 1996, No. 482, eff. 3-1-96; CR 11-038: renum from 157.08 Register January 2012 No. 673, eff. 2-1-12.

Subchapter II — Maple Syrup and Certain Other Maple Products

Note: Subchapter II of Chapter ATCP 87 was repealed and a new Subchapter II created in Register May 2017 No. 737.

ATCP 87.11 Definitions. In this chapter:

(1) “Clean” refers to maple syrup that is free from visible foreign material such as pieces of bark, soot, dust, or dirt.

(2) “Damage” means any defects that materially affect the appearance, edibility, or quality of maple syrup. Damaged maple syrup may be badly scorched, fermented, or have one or more off flavors or odors.

(3) “Degrees Brix” means the percentage by weight concentration of total soluble solids, mainly sugar, as measured using a refractometer calibrated at 68°F, and to which any applicable temperature correction has been made, or by any other method that gives equivalent results.

(4) “Delicate taste” means a maple flavor of mild intensity.

(5) “Department” means the Wisconsin department of agriculture, trade and consumer protection.

(6) “Division” means the division of food and recreational safety in the department.

(7) “Liquid maple products” means maple syrup, shelf-stable concentrated maple sap, non-shelf-stable concentrated maple sap, or maple sap water.

(8) “Maple-derived water” means permeate that is removed by reverse osmosis, or water that is otherwise removed, from sap from trees of the genus Acer.

(9) “Maple sap water” means sap from the trees of the genus Acer that has not been concentrated to a solids content of more than 4 percent, or 4 degrees Brix, and is a potentially hazardous food as defined in s. ATCP 70.02 (33).

(10) “Maple syrup” means the liquid food derived by concentrating and heating sap from the trees of the genus Acer, as defined in 21 CFR 168.140, having a solids content of not less than 66 percent by weight, or 66 degrees Brix, and not containing added sweeteners.

(11) “Non-shelf-stable concentrated maple sap” means sap from the trees of the genus Acer that has been concentrated using heating or other methods, has a solids content of more than 4 percent and less than 66 percent by weight, or from 4 to 66 degrees Brix, and will support microbial growth when stored at temperatures not lower than 41°F (5°C) or higher than 135°F (57°C).

(12) “Off flavor or odor” means any specific and identifiable or unidentifiable flavor or odor that is not normally found in grade A maple syrup. Off flavors or odors may be related to natural factors or manufacturing practices, and may develop or be acquired during handling or storage.

(13) “Packaging” means the transfer of liquid maple products or maple-derived water into a container that is sealed for sale, distribution, or delivery to a customer.

(14) “Rich taste” means a full-bodied maple flavor of medium intensity.

(15) “Robust taste” means a full-bodied maple flavor of higher than medium intensity.

(16) “Shelf-stable concentrated maple sap” means sap from the trees of the genus Acer that has been concentrated using heating or other methods, has a solids content of less than 66 percent by weight, or less than 66 degrees Brix, and will not support microbial growth when stored at temperatures not lower than 41°F (5°C) or higher than 135°F (57°C).

(17) “Strong taste” means a full-bodied maple flavor of high intensity.

(18) “Taste” means the intensity of maple flavor.

(19) “Turbidity” means the suspension of fine mineral particles in the maple syrup such that the syrup clarity is reduced.

History: EmR 1704: emerg. cr., eff. 3-7-17; CR 16-044: cr. Register May 2017 No. 737, eff. 6-1-17; corrections in (3), (11), (16) made under s. 35.17, Stats., Register May 2017 No. 737; correction in (9) made under s. 13.92 (4) (b) 7., Stats., Register May 2021 No. 785.

ATCP 87.12 Licensing.

(1) Food processing plant license. Unless exempted in s. ATCP 70.06 (11) (e), no person shall process and sell at wholesale liquid maple products, or maple-derived water, without a valid license issued by the department for a food processing plant under s. 97.29, Stats. The person holding a food processing plant license shall meet all applicable requirements of ch. ATCP 70 and this subchapter. A single food processing plant license may apply to a location with a street address and an additional location, without a street address, used solely for concentration of maple sap.

(2) Retail food establishment license. Unless exempted in s. ATCP 75.063 (5), no person shall process and sell to consumers liquid maple products, or maple-derived water, without a valid license issued by the department for a retail food establishment under s. 97.30, Stats. The person holding a retail food establishment license shall meet all requirements of s. ATCP 75.03.

(3) Food warehouse license. Unless exempted in ss. ATCP 71.01 (4) and 71.02 (1), a person operating a licensed food processing plant that makes liquid maple products, or maple-derived water, and receives, holds for more than 24 hours, and then sells, without further processing, liquid maple products or maple-derived water obtained from another processor, shall hold a food warehouse license under s. 97.27, Stats.

History: EmR 1704: emerg. cr., eff. 3-7-17; CR 16-044: cr. Register May 2017 No. 737, eff. 6-1-17; corrections in (3) made under s. 35.17, Stats., Register May 2017 No. 737; correction in (1), (2) made under s. 13.92 (4) (b) 7., Stats., Register May 2021 No. 785.

ATCP 87.14 Food processing plant facilities used solely for concentration of maple sap.

(1) Construction and maintenance; general. Buildings and facilities at a licensed food processing plant used to process liquid maple products, or maple-derived water by methods other than concentration shall be constructed and maintained in accordance with s. ATCP 70.08. Buildings and facilities at a licensed food processing plant used solely for concentration of maple sap shall be of sound construction, and shall be constructed with tightly sealed walls and ceiling to exclude pests. The floor of the food processing facility shall be finished with a smooth, cleanable, and durable material, and shall be maintained in a clean condition. The premises immediately adjacent to the facility shall be well drained and kept free of accumulations of garbage, refuse, and other potential health nuisances.

(2) Doors and windows. Doors, windows, skylights, transoms, and other external openings shall be tight-fitting, free of breaks, and effectively screened or protected against the entry of pests. External doors shall be kept closed when not in use.

(3) Lighting.

(a) Lighting in every area of the maple sap concentration facility, whether natural or artificial, shall be not less than 10 foot candles, or 108 lux.

(b) Artificial lights shall be equipped with protective shields and end caps or shatter resistant bulbs.

(4) Ventilation. Ventilation in the maple sap concentration facility shall be sufficient to prevent condensation.

(5) Toilet and handwashing facilities. All employees working in the maple sap concentration facility shall have convenient access to a sanitary toilet in a toilet room, complying with applicable local law, or a self-contained portable toilet maintained in compliance with ch. NR 113. Each maple sap concentration area shall be equipped with a conveniently located handwashing sink and each sink shall be provided at all times with potable water under pressure, soap in a soap dispenser, a sanitary single-service means of drying the hands, and an easily cleanable covered trash receptacle. A single handwashing facility may also service areas in which pre-package processing, storage, and packaging of liquid maple products and maple-derived water are done, provided the handwashing sink is conveniently located for employee use.

(6) Cleaning facilities.

(a) If equipment, utensils, or containers are cleaned or sanitized manually, the maple sap concentration facility shall be equipped with a sink comprised of at least 3 compartments that is suitable for all manual cleaning and sanitizing operations. Sinks shall be conveniently located and adequate in number. Each sink shall be constructed of stainless steel or of one or more other materials approved by the department.

(b) Every sink compartment shall be large enough to accommodate the immersion of at least 50% of the largest item to be cleaned or sanitized in the sink. Every sink compartment shall be served by hot and cold running water under pressure, and shall be cleaned before each use.