(4) Annual testing. The operator of a food processing plant producing maple-derived water as ingredient water, as defined in s. ATCP 70.02 (18), 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. (5) 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-consumed 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, 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 Description and use of grade designations, terminology and geographical designations to label containers of maple syrup. (1) Grading requirement and use of grading terminology and geographical designations. A person processing maple syrup, who is required under s. ATCP 87.12 (1) to hold a food processing plant license, shall label maple syrup containers for sale, with the grade designation in subsections (3) to (5), accurately describing the maple syrup in the containers. Other persons processing maple syrup may label maple syrup containers for sale with the grade designation in subsections (3) to (5) or the term “ungraded” that accurately describes the maple syrup in the containers. If the label on containers of maple syrup contains one or more of the Grade A color class terms or flavor descriptors in subsection (6), then the label must include the grade designation in subsections (3) to (5) or the term “ungraded” that accurately describes the maple syrup in the containers. The Wisconsin geographical designation may precede the grade designations in subsections (3) to (5) or the term “ungraded”, if all maple syrup in the container was produced in Wisconsin by concentrating maple sap. If some of the maple syrup in the container was produced by concentrating maple sap outside of Wisconsin, the U.S. geographical designation may precede the grade designation in subsection (3), but shall not precede the grade designations in subsections (4) and (5). If some of the maple syrup in the container was produced by concentrating maple sap outside of Wisconsin but the container was filled and sealed in Wisconsin, the container may be labeled “Bottled in Wisconsin” or “Packaged in Wisconsin.” (2) standards. The following grade designations shall be used to label containers of maple syrup, when such labeling is required under sub. (1), provided the product in the container is accurately described by the definition of one of the stated grade designations in subs. (3) through (5) and the grade A color class in sub. (6), if applicable. The grade of a lot of maple syrup shall be determined by using the procedures in 7 CFR parts 52.1 to 52.83. (3) Grade a. No deviants for damage shall be labeled as Grade A. The grade designation Grade A may be applied to maple syrup that has all of the following characteristics:
(a) Is not more than 68.9 percent solids content by weight, or 68.9 degrees Brix.
(b) Has good uniform color.
(c) Has good flavor and odor, and intensity of flavor, or maple taste, normally associated with the color class in sub. (6).
(d) Is free from off flavors and odors considered as damage.
(e) Is free from cloudiness, turbidity, sediment, and is clean.
(4) Maple syrup for processing (Processing Grade) Maple syrup bearing the grade designation maple syrup for processing, or 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 has all of the following characteristics:
(a) Fails to meet the requirements for 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, or not more than 68.9 degrees Brix.
(f) May contain off flavors and odors.
(g) May have a very strong taste.
(5) Substandard. Maple syrup bearing the grade designation substandard is syrup that fails to meet the requirements in sub. (4) for processing grade maple syrup.
(6) Color classes for grade a maple syrup. The color class of 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 grade A maple syrup color class. Grade A maple syrup color classes and corresponding flavor descriptors are shown in Table 1.
Table 1. 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 12. Effective date. This emergency rule takes effect upon publication and remains in effect for 150 days. The department may seek to extend this emergency rule as provided in s. 227.24, Stats. Dated this 21st day of February, 2017.
