Telephone: (608) 224-4711
Where and When Comments May Be Submitted
Questions and comments related to this this rule may be directed to:
Peter Haase, Director
Bureau of Food Safety and Inspection
Department of Agriculture, Trade and Consumer Protection
P.O. Box 8911
Madison, WI 53708-8911
Telephone: (608) 224-4711
Comments will be accepted up to two weeks after the last public hearing is held on this rule. Hearing dates will be scheduled after this hearing draft rule is approved by the Board of Agriculture, Trade and Consumer Protection.
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Section 1. ATCP 70.04 (18) is created to read:
ATCP 70.04 (18) Maple sap thermal concentration facilities. Facilities used solely for thermal concentration of maple sap shall meet the requirements of s. ATCP 87.14. Section 2. 70.05 (1) is amended to read:
ATCP 70.05. (1) CleanlinessGeneral. (a) Persons engaged in food processing shall maintain a high degree of personal cleanliness, and shall observe good hygienic practices during all working periods. Persons engaged in food processing shall wash their hands before beginning work and upon returning to work after using toilet facilities, eating, smoking, or engaging in other activities which may contaminate the hands. Persons engaged in food processing shall keep their fingernails clean and neatly trimmed, and shall not wear fingernail polish unless they wear sanitary gloves at all times when handling food.
(b) Par. (a) does not apply to maple sap facilities that are required to meet the provisions of s. ATCP 87.28. Section 3. . ATCP 70.06 (1) is amended to read:
ATCP 70.06 (1) Construction and maintenance; general. (a) Equipment and utensils shall be of sanitary design and construction. Equipment and utensils shall be readily accessible for cleaning and inspection and shall be constructed so that they can be easily cleaned. Equipment and utensils shall be clean and in good repair.
(b) Par. (a) does not apply to maple sap facilities that are required to meet the provisions of s. ATCP 87.26. Section 4. ATCP 70.06 (7) (d) is amended to read:
ATCP 70.06 (7) (d) Paragraph (a) does not apply to the following equipment, provided that the food processing plant operator cleans and sanitizes the equipment according to manufacturer specifications:
2.
Cloth-collector systems.3.
Dry product packaging equipment and storage containers.4.
Equipment used in brining, aging, curing, and dry product blending processes.5.
Food contact surfaces of equipment used solely to process foods or food ingredients with low water activity not greater than 0.85, such as chocolate, fats and oils, liquid nutritive sweeteners, peanut butter or similar foods which are not potentially hazardous. 6.
Equipment used solely for processing of maple sap according to the provisions of s. ATCP 87.26. Section 5. ATCP 70.07 (1) (f) is created to read:
ATCP 70.07 (1) (f) This subsection does not apply to food processing plants processing liquid maple products, as defined in sub. ATCP 87.11 (7), or maple-derived water, as defined in sub. ATCP 87.11 (8), that are required to meet the provisions of s. ATCP 87.24. Section 6. ATCP 70.10 (7) is created to read:
ATCP 70.10 (7) Labeling of Wisconsin graded maple syrup. Labeling of Wisconsin graded maple syrup shall also meet the requirements in s. ATCP 87.36. Section 7. ATCP 87, Subchapter II is repealed and recreated to read:
SUBCHAPTER II.
MAPLE SYRUP AND CERTAIN OTHER MAPLE PRODUCTS
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 of agriculture, trade and consumer protection. (7)
“Liquid maple products” means maple syrup, shelf-stable concentrated maple sap, non-shelf-stable concentrated maple sap, or maple sap.(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” means sap from the trees of the genus Acer that has not been concentrated and is a potentially hazardous food as defined in sub. ATCP 70.02 (22).(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. The solids content of maple syrup shall not be less than 66 percent by weight (degrees Brix). Maple syrup shall not contain 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 less than 66 percent by weight (degrees Brix) and is a potentially hazardous food as defined in sub. ATCP 70.02 (22).(12)
“Off flavor or odor” means any specific and identifiable or unidentifiable flavor or odor that is not normally found in Wisconsin 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 (degrees Brix) and is not a potentially hazardous food as defined in sub. ATCP 70.02 (22).(17)
“Strong taste” means a full-bodied maple flavor of high intensity.(18)
“Taste” means the intensity of maple flavor. (19)
“Thermal concentration” means the direct or indirect application of heat to a solution to evaporate water and thereby concentrate the solution.(20)
“Turbidity” means the suspension of fine mineral particles in the maple syrup such that the syrup clarity is reduced.ATCP 87.12 Licensing (1) Food processing plant license. Unless exempted in s. ATCP 70.03 (7) (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. (2) Retail food establishment license. Unless exempted in s. ATCP 75.03 (9) (g), 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 subs. ATCP 71.01 (4) and 71.02 (1), a person operating a licensed food processing plant processing liquid maple products, or maple-derived water, and receiving, holding for more than 24 hours, and then selling, without further processing, liquid maple products of maple-derived water obtained from another processor, shall hold a food warehouse license under s. 97.27, Stats. ATCP 87.14 Food processing facilities used solely for thermal concentration of maple sap. (1) Construction and maintenance; general. Buildings and facilities used to process maple syrup or shelf-stable concentrated maple sap by methods other than the application of heat, other liquid maple products, or maple-derived water shall be constructed and maintained in accordance with s. ATCP 70.04. Buildings and facilities used solely for thermal 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 trash, garbage, 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 food processing facility, whether natural or artificial, shall be not less than 10 foot candles (108 lux).
(b) Artificial lights shall be equipped with protective shields and end caps or shatter resistant bulbs.
(4) Ventilation. Ventilation in the food processing facility shall be sufficient to prevent condensation.
(5) Toilet and handwashing facilities. All employees working in the food processing facility shall have convenient access to a sanitary toilet in a toilet room complying with applicable local law. Each processing area shall be equipped with a conveniently located handwashing sink and each sink shall be provided at all times with potable water, 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 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 food processing facility shall be equipped with wash and rinse sinks that are 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. Each sink shall have at least 3 compartments.
(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, and shall be cleaned before each use.
(c) Drain boards shall be provided in connection with every sink. Drain boards shall be large enough to accommodate soiled equipment and utensils before washing, and cleaned and sanitized equipment and utensils after the drain boards are cleaned and sanitized. Drain boards shall be located and constructed so that they do not interfere with washing and sanitizing operations. This paragraph does not prohibit the use of easily movable dish tables as drain boards if the dish tables comply with this paragraph.
(d) Brushes and cleaning tools shall be constructed of materials that can be cleaned and sanitized, kept clean, and in good repair. Wiping cloths used to clean equipment and utensils shall be cleaned, sanitized, and dried after each day’s use, and shall be stored in an approved sanitizing solution between uses during the processing day. Sanitizing solutions for wiping cloths shall be changed frequently enough to maintain an effective concentration of sanitizing chemical or at least daily, whichever is more frequent. Sanitizers shall be used in accordance with the manufacturer’s instructions. Wiping cloths used to clean food contact surfaces of equipment and utensils shall not be used for any other purpose. Single service disposable towels may be used in place of re-usable cloths if they are discarded after use.
(e) If a mechanical system is used to clean or sanitize equipment, utensils or food containers, the mechanical system shall be designed, installed and maintained so that it is fully effective for the purpose used. If a chemical sanitizer is used, the operator must be able to demonstrate that it is used properly.
(7) Plumbing system and sewage disposal. Sewage and waste materials from the food processing facility shall be removed in a sanitary manner, in compliance with applicable state and local regulations. All plumbing, plumbing fixtures, and equipment shall be designed, installed, and maintained to prevent backflow, backsiphonage, cross−connections, and contamination.
Note: Plumbing and plumbing fixtures are subject to the requirements of chs. SPS 381 to 387, enforced by the department of safety and professional services. (8) Garbage and refuse disposal. (a) Garbage and refuse shall not be allowed to accumulate in or around the food processing facility. Garbage and refuse shall be removed as often as necessary to maintain the premises in a clean and sanitary condition.
(b) A separate room or a designated area for the accumulation of garbage and refuse must be provided in food processing facilities that do not have a system for the daily removal or destruction of garbage and refuse. Garbage and refuse storage areas shall be constructed and maintained so they do not attract or harbor pests.
(c) Garbage and refuse shall be held in durable, leak-proof, easily cleanable, and pest-resistant containers that are kept covered with tight-fitting lids, and shall be cleaned when necessary to prevent insanitary conditions.
(d) Garbage and refuse shall not be burned on the premises, except in compliance with state and local laws. Garbage, refuse, and building materials shall not be burned on the premises if burning may contaminate food produced at the facility.
(9) Control of pests. (a) Effective measures shall be taken to control insects, rodents and other pests in the facility. Pesticides and other hazardous substances shall not be stored or used in a manner that may contaminate food, or which may constitute a hazard to employees or the public. Pesticides shall not be stored, handled, or used in a manner inconsistent with label directions, or in a negligent manner, and shall be approved for use in food processing operations. Only pesticides approved for use in food processing operations shall be stored in the facility.
(b) All domestic animals shall be kept out of food processing areas.
(10) Storage of fuel for maple sap evaporator. Evaporation equipment may be fueled by natural gas, oil, or wood. All fuel shall be stored outside the facility for processing maple syrup or shelf-stable concentrated maple sap.
ATCP 87.16 Food processing facilities for pre-package processing of maple syrup and shelf-stable concentrated maple sap by methods other than the application of heat. Facilities shall be constructed and maintained in accordance with s. ATCP 70.04. ATCP 87.20 Food processing facilities for processing, storing, and packaging liquid maple products or maple-derived water (1) Transfer to another building or area. Liquid maple products and maple-derived water may be transferred from one building or area, operated under a food processing plant license, to another building or area, operated under a food processing plant license, provided that the transfer vessels meet the requirements of s. ATCP 70.06 and the transfer method prevents contamination. (2) Unpackaged product storage rooms. Any room, used for storage of unpackaged liquid maple products or maple-derived water, shall be constructed and maintained in accordance with s. ATCP 70.04.
