Michigan licenses maple syrup producers who sell their product wholesale but does not require a retail food establishment license for sales of maple syrup made by a licensed producer. Maple syrup producers in Michigan can qualify for a cottage foods exemption from the food licensing requirement. Maple syrup producers who meet licensing exemptions (less than $15,000 annually in sales) must follow the same labeling requirements for their maple syrup as those outlined for other cottage food products. Michigan requires the label to read "Processed in a facility not inspected by the Michigan Department of Agriculture & Rural Development," because maple syrup cannot be processed in a home kitchen. Maple syrup producers who meet the licensing exemptions still must meet all requirements of the Michigan Food Law, including sanitation, building construct and design, employee hygiene, etc.
Iowa considers maple syrup an agricultural commodity, and thus not subject to state inspection. Notwithstanding, Iowa food processing plant regulations largely cite FDA rules. Iowa also exempts cottage food operations from licensing requirements.
In Minnesota, a license is required to legally sell maple syrup to the public unless all sap is obtained from the maple syrup producer’s land and no other “off farm” inputs are used in making the product (e.g., sap from neighbors’ trees). However, all maple syrup operations selling to the public are subject to inspections by the Minnesota Department of Agriculture. Labeling requirements for maple syrup are the same as for other foods under Minnesota jurisdiction.
Summary of Factual Data and Analytical Methodologies
Proposed rule changes were developed in response to requests from the Wisconsin maple syrup industry and after a review of existing Wisconsin rules and internal policies for inspection of maple syrup processing operations and rules in other leading maple syrup states (Vermont, New York, New Hampshire, Maine, and Ohio.
Analysis and Supporting Documents used to Determine Effect on Small Business
Recent inspection results and photographs taken during inspections at a wide range of maple syrup operations were evaluated in considering the effect of the proposed rule on small business. Department staff with experience in food processing plant inspection, or supervision thereof, provided formative input to the drafting of the proposed rule.
Effect on Small Business
Department inspections of maple syrup thermal concentration facilities, i.e., “sugar shacks,” have proven challenging over the years. The end product at these facilities (maple syrup) is not potentially hazardous, and the raw material is exposed to either cool ambient conditions (before boiling) or the heat of boiling, both of which preclude microbial growth. Thus there is little concern about food safety in relation to the process. In contrast, many facilities are in remote locations and there is a small, but real, risk of product contamination related to characteristics of the facility, e.g., pests, pieces of wood. This situation makes the rigorous enforcement of all requirements of ATCP 70 (Food Processing Plants) difficult for the maple syrup industry and the Department. Most facilities already meet the requirements of the proposed rule, so the proposed rule will have little effect on a sizeable proportion of the industry. Small businesses that do not currently meet the proposed facility requirements for maple syrup operations may face some facility-upgrade costs, particularly in areas of their facility in which finished syrup is stored and packaged. Similarly, operators may face facility-upgrade costs if they add reverse osmosis units to a facility that is currently only performing thermal concentration of maple sap. Businesses processing maple-derived water or un-concentrated or partially concentrated maple sap may face facility-upgrade costs.
DATCP Contact
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
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.
