Summary of Factual Data and Analytical Methodologies
Rule revisions 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. Department staff with experience in food processing plant inspection, or supervision thereof, provided formative input to the drafting of the revised rule.
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. Comments from attendees at hearings were also carefully considered.
Effect on Small Business
Department inspections of maple syrup concentration facilities, i.e., “sugar houses,” have proven challenging over the years. The major end product at most of these facilities (maple syrup) is not potentially hazardous, and the perishable raw material (maple sap) is exposed to the heat of boiling, which destroys microbes. Thus there is little concern about microbial food safety hazards in relation to the process. However, 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, or characteristics of equipment, e.g. chemical contaminants from non-food-grade equipment used in harvesting, transporting, or concentrating maple sap. This situation makes rigorous compliance with, and enforcement of, all requirements of ATCP 70 (Food Processing Plants) difficult for the maple syrup industry and the Department, respectively. Most facilities already meet the requirements of the revised rule, so the revised rule will have little effect on most of the industry. Small businesses holding a food processing plant license that do not currently meet the proposed facility requirements for maple syrup operations may face some facility-upgrade costs, particularly the installation of a three-compartment sink necessary for effective cleaning, rinsing, and sanitizing equipment, and any upgrades in areas of their facility in which finished syrup is stored and packaged. Businesses processing maple-derived water or maple sap water may face facility-upgrade costs.
This rule will not have a significant adverse economic effect on “small business” so it is not subject to the delayed “small business” effective date provided in s. 227.22(2) (e), Stats.
DATCP Contact
Peter Haase, Director
Bureau of Food and Recreational Businesses
Division of Food and Recreational Safety
Department of Agriculture, Trade and Consumer Protection
P.O. Box 8911
Madison, WI 53708-8911
Telephone: (608) 224-4711
_____________________________________________________________________________
Section 1. ATCP 70.04 (18) is created to read:
ATCP 70.04 (18) Maple sap concentration facilities. A facility licensed as a food processing plant and used solely for concentration of maple sap shall meet the requirements of s. ATCP 87.14. Section 2. ATCP 70.05 (1) is renumbered ATCP 70.05 (1) (a).
Section 3. ATCP 70.05. (1) (title) is repealed and recreated to read:
ATCP 70.05. (1) General.
Section 4. ATCP 70.05 (1) (b) is created to read:
ATCP 70.05 (1) (b) Par. (a) does not apply to a maple sap concentration facility licensed as a food processing plant that is required to meet the provisions of s. ATCP 87.28. Section 5. ATCP 70.06 (1) is renumbered ATCP 70.06 (1) (a).
Section 6. ATCP 70.06 (1) (b) is created to read:
ATCP 70.06 (1) (b) Par. (a) does not apply to a maple sap concentration facility licensed as a food processing plant that is required to meet the provisions of s. ATCP 87.26. Section 7. ATCP 70.06 (7) (d) 5. is amended to read:
ATCP 70.06 (7) (d) 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.
Section 8. ATCP 70.06 (7) (d) 6. is created to read:
ATCP 70.06 (7) (d) 6. Equipment used solely for concentration of maple sap according to the provisions of s. ATCP 87.26. Section 9. 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 s. ATCP 87.11 (7), or maple sap water, as defined in s. ATCP 87.11 (9), that are required to meet the provisions of s. ATCP 87.24. Section 10. ATCP 70.10 (7) is created to read:
ATCP 70.10 (7) Maple syrup labeling. Labeling of maple syrup shall also meet the requirements in s. ATCP 87.36. Section 11. 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. (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 (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, 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.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. 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 75.03 (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 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. 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 70.04. 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 s. 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.
(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, and shall be 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 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 the chemical sanitizer is used properly.
(7) Plumbing system and sewage disposal. Sewage and waste materials from the maple sap concentration 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 maple sap concentration 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 maple sap concentration 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 may 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 liquid maple products or maple-derived water produced at the facility.
