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(4) Consumption of food or beverages, and use of tobacco. No person may consume food or beverages or use tobacco in any food processing facility used solely for thermal concentration of maple sap or in any area where food processing equipment or utensils are cleaned or stored, except in designated areas which are separated from the processing area. This subsection does not prohibit a sanitary drinking water fountain in a processing, storage, or packaging area.
ATCP 87.30 Processing maple syrup and shelf-stable concentrated maple sap by methods other than the application of heat, non-shelf-stable concentrated maple sap, maple sap, or maple-derived water. (1) Equipment and utensils used in processing maple syrup or shelf-stable concentrated maple sap, using methods other than the application of heat, non-shelf-stable concentrated maple sap, maple-sap, and maple-derived water shall be constructed, used, and maintained in accordance with s. ATCP 70.06.
(2) Equipment and utensils, described in sub. (1), shall be cleaned and sanitized in accordance with ss. ATCP 70.06 (7) through (10).
(3) Personnel, in licensed food processing plants processing the products listed in this section, shall meet the requirements of s. ATCP 70.05.
ATCP 87.32 Production of maple-derived water. (1) Prohibited for use in certain beverages. Maple-derived water shall not be used as an ingredient in bottled drinking water or a soda water beverage, as defined in s. 97.34 (1), Stats.
(2) Division approval required. The process and equipment used for production of maple-derived water shall meet the requirements of s. ATCP 70.09 (1) and be reviewed and approved by the division before use.
(3) Annual testing. The operator of a food processing plant producing maple-derived water as ingredient water shall collect a sample of maple-derived water at least annually and have the sample analyzed at a laboratory that is certified under ch. ATCP 77 to perform analysis of water for coliform bacteria levels, standard plate count, and either turbidity or organic content, as specified in s. ATCP 70.07 (3) (a) 5.
(4) Standards. The maple-derived water shall contain less than 1 coliform bacterium per 100 mL, have a standard plate count of not more than 500 colony-forming units per 500 mL, and either turbidity of less than 5 units or organic content of less than 12 mg per liter, as measured by the chemical oxygen demand or permanganate-consumer tests, as specified in s. ATCP 70.07 (3) (a) 5.
ATCP 87.34 Recall plan. (1) Plan required. A person holding a food processing plant license under s. 97.29, Wis. Stats., and processing, storing, or packaging liquid maple products or maple-derived water shall have a written plan for identifying and recalling products processed at that food processing facility, should a recall become necessary. The plan shall be updated as necessary, and shall be made available to the division for inspection and copying upon request.
(2) plan contents. A plan pursuant to sub. (1), shall meet the requirements of s. ATCP 70.117.
ATCP 87.36   Wisconsin grading standards for maple syrup. (1) Grading standards. A person processing maple syrup may label containers of maple syrup with any of the following Wisconsin grade designations, provided the product in the container is accurately described by the definition of one of the stated grades in subs. (2) through (4) and the grade A color class in sub. (5), if applicable. The grade of a lot of maple syrup shall be determined by using the procedures in 7 CFR parts 52.1 – through 52.83.
(2) Wisconsin grade a. No deviants for damage shall be labeled as Wisconsin Grade A. The grade designation Wisconsin Grade A may be applied to maple syrup that meets all of the following:
(a) Is not more than 68.9 percent solids content by weight (degrees Brix).
(b) Has good uniform color.
(c) Has good flavor and odor, and intensity of flavor (maple taste) normally associated with the color class in sub. 4.
(d) Is free from off flavors and odors considered as damage.
(e) Is free from cloudiness, turbidity, sediment, and is clean.
(3) Wisconsin maple syrup for processing (Processing Grade) Maple syrup bearing the grade designation Wisconsin maple syrup for processing (processing grade) shall be packed in containers holding at least 5 gallons (18.925 liters) and shall not be packaged in containers smaller than 5 gallons (18.925 liters) for retail sale. Processing grade syrup is maple syrup that meets all of the following:
(a) Fails to meet the requirements for Wisconsin grade A maple syrup.
(b) Possesses a fairly good characteristic maple taste.
(c) Is fairly clean and fairly free of damage, turbidity or cloudiness.
(d) May be in any color class and have any percent light transmittance.
(e) Has not more than 68.9 percent solids content by weight (degrees Brix).
(f) May contain off flavors and odors.
(g) May have a very strong taste.
(4) Substandard maple syrup. Maple syrup bearing the grade designation Wisconsin substandard is syrup that fails to meet the requirements in sub. (3) for Wisconsin processing grade maple syrup.
(5) Color classes for Wisconsin grade a maple syrup. The color class of Wisconsin grade A maple syrup is determined by the percent of transmittance of light at a wavelength of 560 nanometers through the syrup, as measured with a spectrophotometer using matched square optical cells having a 10 mm light path. The color value is expressed as percent of light transmission, as compared to analytical grade glycerol fixed at 100 percent. Percent transmittance is denoted by %Tc. Any method that provides equivalent results may be used to determine Wisconsin grade A maple syrup color class. Wisconsin grade A maple syrup color classes and corresponding flavor descriptors are shown in Table 1.
Table 1. Wisconsin Grade A Color Class   Flavor Descriptor   Percent light transmittance:
Golden           Delicate     At least 75.0
Amber           Rich       50.0 – 74.9
Dark           Robust       25.0 – 49.9
Very Dark         Strong       less than 25.0
ATCP 87.38   Enforcement. A person who violates this chapter may be prosecuted under ss. 93.21 and 97.72, Stats.
  Section 9. Effective date. This rule takes effect on the first day of the month following publication in the Wisconsin administrative register, as provided under s. 227.22(2) (intro.).
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