Chapter ATCP 87

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.

ATCP 87.11 ATCP 87.11 Definitions. In this chapter:

ATCP 87.11(1) (1) “Clean” refers to maple syrup that is free from visible foreign material such as pieces of bark, soot, dust, or dirt.

ATCP 87.11(2) (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.

ATCP 87.11(3) (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.

ATCP 87.11(4) (4) “Delicate taste” means a maple flavor of mild intensity.

ATCP 87.11(5) (5) “Department” means the Wisconsin department of agriculture, trade and consumer protection.

ATCP 87.11(6) (6) “Division” means the division of food and recreational safety in the department.

ATCP 87.11(7) (7) “Liquid maple products” means maple syrup, shelf-stable concentrated maple sap, non-shelf-stable concentrated maple sap, or maple sap water.

ATCP 87.11(8) (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.

ATCP 87.11(9) (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 (33).

ATCP 87.11(10) (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.

ATCP 87.11(11) (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).

ATCP 87.11(12) (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.

ATCP 87.11(13) (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.

ATCP 87.11(14) (14) “Rich taste” means a full-bodied maple flavor of medium intensity.

ATCP 87.11(15) (15) “Robust taste” means a full-bodied maple flavor of higher than medium intensity.

ATCP 87.11(16) (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).

ATCP 87.11(17) (17) “Strong taste” means a full-bodied maple flavor of high intensity.

ATCP 87.11(18) (18) “Taste” means the intensity of maple flavor.

ATCP 87.11(19) (19) “Turbidity” means the suspension of fine mineral particles in the maple syrup such that the syrup clarity is reduced.

ATCP 87.11 History History: EmR 1704: emerg. cr., eff. 3-7-17; CR 16-044: cr. Register May 2017 No. 737, eff. 6-1-17; corrections in (3), (11), (16) made under s. 35.17, Stats., Register May 2017 No. 737; correction in (9) made under s. 13.92 (4) (b) 7., Stats., Register May 2021 No. 785.