Chapter ATCP 87

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.

ATCP 87.14(7) (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.

ATCP 87.14 Note 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.

ATCP 87.14(8) (8) Garbage and refuse disposal.

ATCP 87.14(8)(a) (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.

ATCP 87.14(8)(b) (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.

ATCP 87.14(8)(c) (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.

ATCP 87.14(8)(d) (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.

ATCP 87.14(9) (9) Control of pests.

ATCP 87.14(9)(a) (a) Effective measures shall be taken to control insects, rodents and other pests in the facility. Pesticides and other hazardous substances may not be stored or used in a manner that may contaminate food, or which may constitute a hazard to employees or the public. Pesticides shall not be stored, handled, or used in a manner inconsistent with label directions, or in a negligent manner. Only pesticides approved for use in food processing operations may be stored or used in the facility.

ATCP 87.14(9)(b) (b) Animals, including domesticated animals, shall be kept out of maple sap concentration areas.

ATCP 87.14(10) (10) Storage of fuel for maple sap evaporator. Evaporation equipment may be fueled by natural gas, oil, or wood. All fuel shall be stored outside the maple sap concentration facility.

ATCP 87.14 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 (5) made under s. 35.17, Stats., Register May 2017 No. 737; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register May 2021.

ATCP 87.16 ATCP 87.16 Food processing plant facilities for pre-package processing of maple syrup and shelf-stable concentrated maple sap. Facilities for pre-package processing of maple syrup and shelf-stable concentrated maple sap shall be constructed and maintained in accordance with s. ATCP 70.08.

ATCP 87.16 History History: EmR 1704: emerg. cr., eff. 3-7-17; CR 16-044: cr. Register May 2017 No. 737, eff. 6-1-17; correction made under s. 13.92 (4) (b) 7., Stats., Register May 2021 No. 785.

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

ATCP 87.18(1) (1) Transfer to another building or area. After maple sap concentration is done, liquid maple products and maple-derived water may be transferred from one building or area, to another building or area, operated under a food processing plant license, provided that the transfer vessels meet the requirements of s. ATCP 70.12 and the transfer method prevents contamination.

ATCP 87.18(2) (2) Unpackaged product storage rooms. Any room, used for storage of unpackaged liquid maple products or maple-derived water, shall be constructed and maintained in accordance with s. ATCP 70.08.

ATCP 87.18(3) (3) Container-filling and packaged-product storage rooms. Any room in which containers are filled with liquid maple products or maple-derived water, or in which these packaged products are stored, shall be constructed and maintained in accordance with s. ATCP 70.08.

ATCP 87.18(4) (4) Temperature control. Non-shelf-stable concentrated maple sap, maple sap water, and maple-derived water are potentially hazardous foods as defined in s. ATCP 70.02 (33) and shall be handled, stored, and processed in compliance with s. ATCP 70.26 (1) to (3).

ATCP 87.18 History History: EmR 1704: emerg. cr., eff. 3-7-17; CR 16-044: cr. Register May 2017 No. 737, eff. 6-1-17; corrections made under s. 13.92 (4) (b) 7., Stats., Register May 2021 No. 785.

ATCP 87.20 ATCP 87.20 Containers for packaging liquid maple products or maple-derived water. All containers for packaging liquid maple products or maple-derived water shall be stored in a manner to prevent contamination and shall comply with the requirements of s. ATCP 70.26.

ATCP 87.20 History History: EmR 1704: emerg. cr., eff. 3-7-17; CR 16-044: cr. Register May 2017 No. 737, eff. 6-1-17; correction made under s. 13.92 (4) (b) 7., Stats., Register May 2021 No. 785.

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

ATCP 87.22(1) (1) Operations water as defined in s. ATCP 70.02 (31) used at food processing plant facilities used solely for the concentration of maple sap shall be obtained from a source that complies with ch. NR 811 or 812.

ATCP 87.22(2) (2) Operations water shall be available in consistently adequate quantity, and shall comply with the microbiological drinking water standards in ch. NR 809.

ATCP 87.22(3) (3) If a maple sap concentration facility operator obtains operations water from a privately owned water system, the operator shall sample that water at least once annually. The operator shall have each sample tested by a laboratory certified under ch. ATCP 77, for compliance with the microbiological drinking water standards in s. NR 809.30.

ATCP 87.22(4) (4) A maple sap concentration facility operator shall keep on file, for at least one year, records of the results of all microbiological and other tests conducted on operations water sampled at the facility. Records shall be made available for division review or copying upon request.

ATCP 87.22(5) (5) Operations water, transported from elsewhere to the maple sap concentration facility, shall be transported in compliance with the requirements of s. ATCP 70.20 (6).

ATCP 87.22(6) (6) Condensate from the thermal concentration of maple sap may be collected for re-use, provided the collection equipment does not contaminate, or have the potential to contaminate, the water. The condensate shall be collected and stored in containers that meet the requirements of s. ATCP 70.26. Reclaimed condensate from the thermal concentration of maple sap may be used to clean non-food-contact surfaces. Reclaimed condensate from the thermal concentration of maple sap may be used to clean evaporators and other equipment food-contact surfaces if approved by the division in accordance with s. ATCP 70.20 (3).

ATCP 87.22 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), (5), (6) made under s. 13.92 (4) (b) 7., Stats., Register May 2021 No. 785.

ATCP 87.24 ATCP 87.24 Maple-derived water. Maple-derived water obtained by the reverse osmosis treatment of maple sap may be used to clean evaporators or other equipment surfaces that contact maple sap before the maple sap is subjected to concentration by heating if all of the following apply:

ATCP 87.24(1) (1) The maple-derived water does not have any objectionable odors, flavors, or slime. The maple sap concentration facility operator shall sample and organoleptically evaluate the maple-derived water daily.

ATCP 87.24(2) (2) Chemical treatment of the maple-derived water complies with s. ATCP 70.20 (4).

ATCP 87.24(3) (3) Any storage tank used to hold maple-derived water shall be constructed to meet the requirements of s. ATCP 70.12 (2) and shall be emptied, cleaned, and sanitized at least once every 24 hours.

ATCP 87.24(4) (4) The maple-derived water shall not be stored more than 24 hours before use.

ATCP 87.24(5) (5) Distribution lines and hose stations used to distribute the maple-derived water shall be clearly identified and not permanently connected to food product vessels. If a distribution line is temporarily connected to a food product vessel, there shall be an atmospheric break and automatic controls to prevent the maple-derived water from contacting food product.

ATCP 87.24 History History: EmR 1704: emerg. cr., eff. 3-7-17; CR 16-044: cr. Register May 2017 No. 737, eff. 6-1-17; correction in (2), (3) made under s. 13.92 (4) (b) 7., Stats., Register May 2025 No. 785.

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

ATCP 87.26(1) (1) Construction and maintenance; general.

ATCP 87.26(1)(a) (a) Equipment and utensils used at a licensed food processing plant in processing maple syrup or shelf-stable concentrated maple sap using methods other than concentration, or in processing non-shelf-stable concentrated maple sap, maple sap, and maple-derived water, shall be constructed, used, and maintained in accordance with s. ATCP 70.12. Equipment and utensils used solely for concentration of maple sap including tanks, bulk containers, filters, hydrometers, thermometers, and skimmers, shall be of sanitary design and construction. Lead or lead-alloy soldering may not be used in the construction or repair of food-contact surfaces. Equipment and utensils used solely for concentration of maple sap shall be readily accessible for cleaning and inspection and shall be constructed so that items can be easily cleaned. Equipment and utensils used solely for concentration of maple sap shall be kept clean and in good repair.

ATCP 87.26(1)(b) (b) Food contact surfaces of equipment and utensils shall be constructed of stainless steel or of one or more other food-grade materials that are smooth, impervious, nontoxic, non-corrodible, nonabsorbent, and durable under normal use conditions. Food contact surfaces shall be easily cleanable, and shall be free of breaks, open seams, cracks, or similar defects. Food contact surfaces shall not impart any odor, color, taste, or adulterating substance to food. Food contact surfaces shall be readily accessible for manual cleaning. A frame encasing an evaporator hood connected to a vent shall be made of a smooth, cleanable, food-grade material.

ATCP 87.26(1)(c) (c) Single-service articles shall be stored in the original containers in which they were received, or in other closed containers which will protect them from contamination before use. Single-service articles may not be reused.

ATCP 87.26(1)(d) (d) Filtering materials such as socks and presses shall be in a clean condition before use. Filter papers may not be re-used.

ATCP 87.26(2) (2) Covering of vessels containing maple products. Vessels holding liquid maple products or maple-derived water shall be covered to prevent contamination. This provision does not apply to vessels only holding maple sap before concentration of the maple sap.

ATCP 87.26(3) (3) Ultraviolet lights. Ultraviolet light sources shall be shielded or shatterproof.

ATCP 87.26(4) (4) Filtering and defoaming agents. Filtering agents such as diatomaceous earth shall be non-toxic. Foaming agents and other processing aids shall be food grade and shall not contain any ingredient originating from milk, eggs, wheat, peanuts, soybeans, tree nuts, fish, or crustacean shellfish.

ATCP 87.26(5) (5) Location and installation of equipment. Equipment that cannot be easily moved shall be installed in a manner that prevents liquid or debris from accumulating under or around the equipment. Equipment shall be installed so that there is adequate clearance on all sides for cleaning and maintenance.

ATCP 87.26(6) (6) Cleaning and sanitizing equipment and utensils; general.

ATCP 87.26(6)(a) (a) All food contact surfaces of equipment and utensils shall be cleaned as often as necessary to remove visible debris and the equipment shall be sanitized before the next contact with maple sap or maple syrup. When seasonal processing is completed, equipment and utensils shall be cleaned and stored in a sanitary manner.

ATCP 87.26(6)(b) (b) Reverse osmosis equipment shall be cleaned according to the manufacturer’s directions.

ATCP 87.26(6)(c) (c) Sanitizers and methods used to sanitize equipment under this section shall comply with s. ATCP 70.28.

ATCP 87.26 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 (1) (b), (c), (6) (c) made under s. 35.17, Stats., Register May 2017 No. 737; correction in (1), (6) (c) made under s. 13.92 (4) (b) 7., Stats., Register May 2021 No. 785.

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

ATCP 87.28(1) (1) General. Personnel, in a licensed food processing plant facility used solely for concentration of maple sap to produce maple syrup and shelf-stable concentrated maple sap, shall meet the requirements of this section.