Chapter ATCP 87

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.

ATCP 87.12 ATCP 87.12 Licensing.

ATCP 87.12(1) (1) Food processing plant license. Unless exempted in s. ATCP 70.06 (11) (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.

ATCP 87.12(2) (2) Retail food establishment license. Unless exempted in s. ATCP 75.063 (5), 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.

ATCP 87.12(3) (3) Food warehouse license. Unless exempted in ss. 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 87.12 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) made under s. 35.17, Stats., Register May 2017 No. 737; correction in (1), (2) made under s. 13.92 (4) (b) 7., Stats., Register May 2021 No. 785.

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

ATCP 87.14(1) (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 70.08. 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.

ATCP 87.14(2) (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.

ATCP 87.14(3) (3) Lighting.

ATCP 87.14(3)(a) (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.

ATCP 87.14(3)(b) (b) Artificial lights shall be equipped with protective shields and end caps or shatter resistant bulbs.

ATCP 87.14(4) (4) Ventilation. Ventilation in the maple sap concentration facility shall be sufficient to prevent condensation.

ATCP 87.14(5) (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 ch. 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.

ATCP 87.14(6) (6) Cleaning facilities.

ATCP 87.14(6)(a) (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.

ATCP 87.14(6)(b) (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.

ATCP 87.14(6)(c) (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.

ATCP 87.14(6)(d) (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.

ATCP 87.14(6)(e) (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.