Chapter ATCP 87

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.

ATCP 87.017(2) (2) Biennial approval. A person who produces honey in this state may apply to the department for a biennial approval authorizing any person to sell, offer, advertise or distribute that honey as “Wisconsin certified honey.” Approval expires on December 31 in odd-numbered years.

ATCP 87.017 Note Note: An approval under sub. (2) authorizes the honey producer (and the producer’s distributors) to sell honey as “Wisconsin certified honey.” However, it does not constitute a warranty from the department to any buyer that the honey complies with sub. (1).

ATCP 87.017(3) (3) Application for biennial approval. A person shall submit an application for a biennial approval, under sub. (2), on a form provided by the department. The application shall include all of the following:

ATCP 87.017(3)(a) (a) A statement by the applicant certifying that all honey that the applicant proposes to sell, offer, advertise, or distribute as “Wisconsin certified honey” will meet all of the following requirements:

ATCP 87.017(3)(a)1. 1. It will be collected from honey bee hives in this state.

ATCP 87.017(3)(a)2. 2. It will comply with the honey standard in s. ATCP 87.015.

ATCP 87.017(3)(b) (b) A summary of laboratory test results and the methods used to obtain those results that supports the requirement under par. (a) 2. The summary shall include test results for moisture, fructose and glucose content, sucrose content and internal stable carbon isotope ratio analysis. The laboratory testing shall be performed at a commercial laboratory not affiliated with the applicant on a representative sample of honey using methods established by AOAC International or other methods approved by the department.

ATCP 87.017(3)(c) (c) A payment of $50.

ATCP 87.017 Note Note: A person may obtain an application form by calling [phone], by visiting the department website at http://www.datcp.wi.gov, or by writing to the following address:

ATCP 87.017 Note Wisconsin Department of Agriculture, Trade and Consumer Protection, Food Safety Division, Attn: honey certification, P.O. Box 8911, Madison, WI 53708-8911

ATCP 87.017 Note The “Official Methods of Analysis of AOAC International”, 18th Edition (2005), current through Revision 1, 2006, is on file with the department and the legislative reference bureau. Copies are available from AOAC International at 481 North Frederick Avenue, Suite 500, Gaithersburg, MD 20877-2417.

ATCP 87.017(4) (4) Action on application. The department shall grant or deny an application under sub. (3), in writing, within 30 days after the department receives a complete application. If the department denies an application, the department shall specify the reasons for the denial.

ATCP 87.017 History History: CR 11-038: cr. Register January 2012 No. 673, eff. 2-1-12; correction in numbering of (4) under s. 13.92 (4) (b) 7., Stats, Register January 2012 No. 673.

ATCP 87.02 ATCP 87.02 Industry grading.

ATCP 87.02(1) (1) Each producer or packer of honey shall be entitled to grade and label the honey produced or packed by him or her in conformity with the standards established by this order.

ATCP 87.02(2) (2) The Wisconsin department of agriculture, trade and consumer protection will enforce the standards established by this order through the inspection and sample grading of honey; and it will, insofar as possible, assist producers and packers in the determination of the grade and color of their honey.

ATCP 87.02 History History: 1-2-56; correction made under s. 13.93 (2m) (b) 5. and 6., Stats., Register, April, 1993, No. 448; renum. from ATCP 156.02, Register, February, 1996, No. 482, eff. 3-1-96; CR 11-038: renum from 157.02 Register January 2012 No. 673, eff. 2-1-12.

ATCP 87.03 ATCP 87.03 Packaging and labeling.

ATCP 87.03(1) (1) Each section and each case of comb honey and every container in which cut comb honey, chunk honey or extracted honey is sold or offered for sale shall declare the name and address of the packer or dealer and the net weight of the contents.

ATCP 87.03(2) (2) Every container of honey of any class represented as Wisconsin No. 1 shall bear a label statement of the color of such honey as specified in the definition.

ATCP 87.03(3) (3) Crystallized extracted honey shall be labeled as such. The term “candied” may be used.

ATCP 87.03(4) (4) No honey of any class shall be labeled or otherwise sold or offered for sale as “Wisconsin Fancy” honey unless it is white in color as specified in the definitions.

ATCP 87.03(5) (5) No honey shall be sold or offered for sale at retail in anything but new sections or other containers; provided, however, that clean, sanitary, rust-free containers holding 50 pounds or more may be re-used for sales within the trade or to large commercial consumers.

ATCP 87.03(6) (6) When the predominant flavor of the honey or the principal source from which the honey is derived is clearly predominant and readily distinguishable by experienced people in the industry, such flavor or such source may be declared on the label; provided, however, that this paragraph shall not be construed to permit the naming of more than one flavor or more than one source, nor to permit the naming of the honey by season.

ATCP 87.03 History History: 1-2-56; renum. from ATCP 156.03, Register, February, 1996, No. 482, eff. 3-1-96; CR 11-038: renum from 157.03 Register January 2012 No. 673, eff. 2-1-12.

ATCP 87.04 ATCP 87.04 Ungraded honey.

ATCP 87.04(1) (1) Every producer who does not intend to market all the honey in conformity with the standards established by this order shall plainly stamp or mark “Ungraded” on each container or section, and on each case or box.

ATCP 87.04(2) (2) When a producer sells a portion of an annual honey crop on a graded basis, all of such annual honey crop shall be sold on a graded basis and no part thereof sold as “Ungraded” honey.

ATCP 87.04(3) (3) This section shall not be construed to prohibit the sale of Ungraded honey to any consumer selecting honey on the basis of flavor and completing the purchase on the premises of the packer or dealer.

ATCP 87.04 History History: 1-2-56; correction made under s. 13.93 (2m) (b) 5., Stats., Register, April, 1993, No. 448; renum. from ATCP 156.04, Register, February, 1996, No. 482, eff. 3-1-96; CR 11-038: renum from 157.04 Register January 2012 No. 673, eff. 2-1-12.

ATCP 87.05 ATCP 87.05 Comb honey.

ATCP 87.05(1) (1) Wisconsin fancy white. No honey may be graded or labeled Wisconsin Fancy White unless it conforms to the following standards:

ATCP 87.05(1)(a) (a) No section shall weigh less than 131⁄2 ounces gross or 121⁄2 ounces net.

ATCP 87.05(1)(b) (b) It shall consist of good quality comb honey in which the sections are free from propolis or other stain.

ATCP 87.05(1)(c) (c) The combs shall be free from travel stain, firmly attached, not projecting beyond the wood, uniformly colored throughout, evenly capped and entirely sealed except the cells in the outside row next to the wood which may be unsealed.

ATCP 87.05(2) (2) Wisconsin No. 1. No honey may be graded or labeled Wisconsin No. 1 unless it conforms to the following standards:

ATCP 87.05(2)(a) (a) No section shall weigh less than 12 ounces gross or 11 ounces net.

ATCP 87.05(2)(b) (b) It shall consist of good quality comb honey in which the sections are free from propolis or other stain.

ATCP 87.05(2)(c) (c) The combs shall be firmly attached, not projecting beyond the wood and entirely sealed except that not more than 6 cells on each side, in addition to those of the outer row next to the wood, may be unsealed.

ATCP 87.05(2)(d) (d) The combs may show slight travel stain and surface irregularity, and not to exceed 10 cells on each side may contain honey of a color other than that declared on the label.

ATCP 87.05(3) (3) Wisconsin No. 2. Honey of this grade shall consist of good quality comb honey which falls below the standards for the grades “Wisconsin Fancy” or “Wisconsin No. 1”.

ATCP 87.05 History History: 1-2-56; renum. from ATCP 156.05, Register, February, 1996, No. 482, eff. 3-1-96; CR 11-038: renum from 157.05 Register January 2012 No. 673, eff. 2-1-12.

ATCP 87.06 ATCP 87.06 Cut comb honey.

ATCP 87.06(1) (1) Wisconsin fancy white. No honey may be graded or labeled Wisconsin Fancy White unless it conforms to the following standards:

ATCP 87.06(1)(a) (a) It shall be free from open or unsealed cells, weeping or bruised surface or wet edges.

ATCP 87.06(1)(b) (b) It shall be wrapped in transparent material to prevent leakage and shall be packed in a container, which may be open at the top.

ATCP 87.06(1)(c) (c) It shall meet all other requirements of Wisconsin Fancy White comb honey except as to weight.

ATCP 87.06(2) (2) Wisconsin No. 1. No honey may be graded or labeled Wisconsin No. 1 unless it conforms to the following standards:

ATCP 87.06(2)(a) (a) It shall meet the requirements under sub. (1) (a) and (b) of Wisconsin Fancy cut comb honey.

ATCP 87.06(2)(b) (b) It shall meet all other requirements of Wisconsin No. 1 comb honey except as to weight.

ATCP 87.06 History History: 1-2-56; renum. from ATCP 156.06, Register, February, 1996, No. 482, eff. 3-1-96; CR 11-038: renum from 157.06 Register January 2012 No. 673, eff. 2-1-12.

ATCP 87.07 ATCP 87.07 Chunk honey.

ATCP 87.07(1) (1) Wisconsin fancy white. No honey may be graded or labeled Wisconsin Fancy White unless it conforms to the following standards:

ATCP 87.07(1)(a) (a) It shall consist of a combination of comb honey equal to Wisconsin Fancy White comb honey and extracted honey equal to Wisconsin Fancy White extracted honey.

ATCP 87.07(1)(b) (b) One-half its net weight shall be comb honey in not more than 2 pieces and it shall have no broken pieces of comb honey.

ATCP 87.07(2) (2) Wisconsin No. 1. No honey may be graded or labeled Wisconsin No. 1 unless it conforms to the following standards:

ATCP 87.07(2)(a) (a) It shall consist of a combination of comb honey equal to Wisconsin No. 1 comb honey and extracted honey equal to Wisconsin No. 1 extracted honey.

ATCP 87.07(2)(b) (b) One-half its net weight shall be comb honey in not more than 2 pieces and it shall have no broken pieces of comb honey.

ATCP 87.07 History History: 1-2-56; renum. from ATCP 156.07, Register, February, 1996, No. 482, eff. 3-1-96; CR 11-038: renum from 157.07 Register January 2012 No. 673, eff. 2-1-12.

ATCP 87.08 ATCP 87.08 Extracted honey.

ATCP 87.08(1) (1) Wisconsin fancy white. No honey may be graded or labeled Wisconsin Fancy White unless it conforms to the following standards:

ATCP 87.08(1)(a) (a) It shall weigh not less than 11 pounds 12 ounces per gallon of 231 cubic inches at 68° Fahrenheit.

ATCP 87.08(1)(b) (b) It shall be clean; shall be free from odors or flavors foreign to honey; and shall contain no honeydew.

ATCP 87.08(1)(c) (c) It shall be clear, not showing air bubbles or other substances in suspension.

ATCP 87.08(1)(d) (d) It shall be heat-treated to prevent fermentation and delay crystallization.

ATCP 87.08(2) (2) Wisconsin no. 1. No honey may be graded or labeled Wisconsin No. 1 unless it conforms to the following standards:

ATCP 87.08(2)(a) (a) It shall weigh not less than 11 pounds 10 ounces per gallon of 231 cubic inches at 68° Fahrenheit.

ATCP 87.08(2)(b) (b) It shall be clean; shall be free from odors or flavors foreign to honey; and shall contain no honeydew.

ATCP 87.08(2)(c) (c) It shall be clear, not showing air bubbles or other substances in suspension.

ATCP 87.08(3) (3) Wisconsin no. 2. No honey may be graded or labeled Wisconsin No. 2 unless it conforms to the following standards:

ATCP 87.08(3)(a) (a) It shall weigh not less than 11 pounds 8 ounces per gallon of 231 cubic inches at 68° Fahrenheit.

ATCP 87.08(3)(b) (b) It shall be fairly clean, but may contain a small number of air bubbles or other edible substances in suspension.

ATCP 87.08(3)(c) (c) Its flavor or odor may be slightly affected by overheating or other means.

ATCP 87.08(3)(d) (d) It may contain a maximum of 20% honeydew.

ATCP 87.08 History History: 1-2-56; renum. from ATCP 156.08, Register, February, 1996, No. 482, eff. 3-1-96; CR 11-038: renum from 157.08 Register January 2012 No. 673, eff. 2-1-12.

subch. II of ch. ATCP 87 Subchapter II — Maple Syrup and Certain Other Maple Products

Subch. II of ch. ATCP 87 Note Note: Subchapter II of Chapter ATCP 87 was repealed and a new Subchapter II created in Register May 2017 No. 737.