Chapter ATCP 87

Register January 2012 No. 673

Chapter ATCP 87

HONEY AND MAPLE SYRUP

Subchapter I — Honey

ATCP 87.01   Definitions.

ATCP 87.015   Honey standard.

ATCP 87.017   Wisconsin certified honey.

ATCP 87.02   Industry grading.

ATCP 87.03   Packaging and labeling.

ATCP 87.04   Ungraded honey.

ATCP 87.05   Comb honey.

ATCP 87.06   Cut comb honey.

ATCP 87.07   Chunk honey.

ATCP 87.08   Extracted honey.

Subchapter II — Maple Syrup and Certain Other Maple Products

ATCP 87.11   Definitions.

ATCP 87.12   Licensing.

ATCP 87.14   Food processing plant facilities used solely for concentration of maple sap.

ATCP 87.16   Food processing plant facilities for pre-package processing of maple syrup and shelf-stable concentrated maple sap.

ATCP 87.18   Processing, storing, and packaging liquid maple products or maple-derived water.

ATCP 87.20   Containers for packaging liquid maple products or maple-derived water.

ATCP 87.22   Operations water at food processing facilities used solely for the concentration of maple sap.

ATCP 87.24   Maple-derived water.

ATCP 87.26   Equipment and utensils used in food processing plant facilities used solely for concentration of maple sap.

ATCP 87.28   Personnel standards in food processing plant facilities used solely for concentration of maple sap.

ATCP 87.30   Processing liquid maple products or maple-derived water by methods other than concentration.

ATCP 87.32   Production of maple-derived water.

ATCP 87.34   Recall plan.

ATCP 87.36   Description and use of grade designations, terminology, and geographical designations to label containers of maple syrup.

ATCP 87.38   Enforcement.

Ch. ATCP 87 Note Note: Chapter Ag 92 was renumbered chapter ATCP 157 under s. 13.93 (2m) (b) 1., Stats., Register, April, 1993, No. 448.

subch. I of ch. ATCP 87 Subchapter I — Honey

ATCP 87.01 ATCP 87.01 Definitions. In this subchapter:

ATCP 87.01(1) (1) “Chunk honey” is comb honey surrounded by extracted honey.

ATCP 87.01(2) (2) “Clean” means free from foreign material when strained through standard bolting cloth of 86 meshes per inch at a temperature of not more than 130° Fahrenheit.

ATCP 87.01(3) (3) “Color”. The color for honey of the grades Wisconsin Fancy and Wisconsin No. 1 shall be determined by the Pfund color-scale instrument as follows:

Pfund scale readings   (in millimeters)

White   Under 35

Golden   From 35 to 85

Dark   Over 85

ATCP 87.01(4) (4) “Comb honey” is honey contained in the cells of comb. As sold at retail, “comb honey” means comb honey in sections.

ATCP 87.01(5) (5) “Cut comb honey” is comb honey cut out to a uniform size.

ATCP 87.01(6) (6) “Department” means the state of Wisconsin department of agriculture, trade and consumer protection.

ATCP 87.01(7) (7) “Evenly capped” means that combs shall be free from pronounced irregularities in the surface.

ATCP 87.01(8) (8) “Extracted honey” is honey which has been separated from the crushed or uncrushed comb by centrifugal force, gravity, straining, or other means. Extracted honey of the “crystallized type” shall be uniformly granulated, smooth and fine in texture, and when liquefied at 130°Fahrenheit shall meet all other requirements of the grade represented.

ATCP 87.01(9) (9) “Fairly clean” means free from foreign material when strained through 2 thicknesses of cheesecloth of 36 by 40 mesh at a temperature of not more than 130° Fahrenheit.

ATCP 87.01(10) (10) “Firmly attached” means that the comb shall be attached to wood sections at least 85% of the way around.

ATCP 87.01(11) (11) “Good quality” comb honey means honey which is commercially salable, not containing cells of pollen or honeydew of insect origin, not extensively granulated, poorly ripened, sour or weeping, and not in leaking, injured or patched up sections.

ATCP 87.01(12) (12) “Honey” means the natural sweet substance produced by honey bees from the nectar of plants or from secretions of living parts of plants or excretions of plant-sucking insects on the living parts of plants, which the bees collect, transform by combining with specific substances of their own, deposit, dehydrate, store and leave in the honey comb to ripen and mature. When honey comes from the nectars of plants it can be called blossom honey or nectar honey. When honey comes mainly from excretions of plant-sucking insects on the living parts of plants or secretions of living parts of plants, it can be called honeydew honey.

ATCP 87.01(13) (13) “Not projecting” means that no part of the comb shall project beyond the outer edge of the sections.

ATCP 87.01(14) (14) “Uniformly colored” means that all cells contained in any section shall be of the same color.

ATCP 87.01 History History: 1-2-56; renum. from ATCP 156.01 and am. (intro.), Register, February, 1996, No. 482, eff. 3-1-96; CR 11-038: renum. 157.01 (1) to (12) to be 87.01 (4), (8), (1), (5), (3), (11), (10), (13), (14), (7), (2) and (9), cr. (6), (12) Register January 2012 No. 673, eff. 2-1-12; Reprinted to correct error in (3) and (5) Register February 2012 No. 674.

ATCP 87.015 ATCP 87.015 Honey standard. No person may represent, directly or by implication in connection with the sale, offering for sale, or advertising or distributing for sale of any product, that the product is “honey” unless the product meets the criteria for “honey” described in Part One, Section 3.1 through Part One, Section 4.2 of the Codex Alimentarius, number 12-1981 (revised 2001) adopted by the United Nations food and agriculture organization and the World Health Organization.

ATCP 87.015 Note Note: Copies of the Codex Alimentarius, number 12-1981 (revised 2001) are on file with the department and the legislative reference bureau. Copies may also be obtained at www.codexalimentarius.net/download/standards/310/cxs_012e.pdf.

ATCP 87.015 Note Violations of s. ATCP 87.015 are subject to the penalties in s. 97.72, Stats., and the injunctive remedy provided in s. 97.73, Stats. A competitor or other person who suffers damage as a result of a violation may also pursue the private remedy provided under s. 100.187 (3) (b), Stats.

ATCP 87.015 History History: CR 11-038: cr. Register January 2012 No. 673, eff. 2-1-12.

ATCP 87.017 ATCP 87.017 Wisconsin certified honey.

ATCP 87.017(1) (1) Prohibition. No person may represent, directly or by implication in connection with the sale, offering for sale, or advertising or distributing for sale of any product, that the product is “Wisconsin certified honey” unless that product meets all of the following requirements:

ATCP 87.017(1)(a) (a) It complies with the honey standard in s. ATCP 87.015.

ATCP 87.017(1)(b) (b) It was collected from honey bee hives in this state.

ATCP 87.017(1)(c) (c) Its producer holds a valid approval under sub. (2).

ATCP 87.017 Note Note: Violations of s. ATCP 87.017 are subject to the penalties in s. 97.72, Stats., and the injunctive or other remedies provided in s. 100.187 (2) (b), Stats.