Chapter ATCP 87

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.

ATCP 87.28(2) (2) Cleanliness. Persons engaged in concentrating maple sap shall maintain a high degree of personal cleanliness, and shall observe good hygienic practices during all working periods. Persons engaged in concentrating maple sap shall wash their hands before beginning work and upon returning to work after using toilet facilities, eating, smoking, or engaging in other activities that may contaminate the hands.

ATCP 87.28(3) (3) Employee health. No person who, by medical examination or supervisory observation, has, or is reasonably suspected of having, any of the following conditions may work in a food processing facility used solely for concentration of maple sap, in any capacity that may result in the contamination of food, or in the contamination of equipment or utensils used to process or handle food:

ATCP 87.28(3)(a) (a) A reportable communicable disease.

ATCP 87.28(3)(b) (b) Any symptom of an acute gastrointestinal illness.

ATCP 87.28(3)(c) (c) A discharging or open wound, sore, or lesion on the hands, arms or other exposed portions of the body.

ATCP 87.28(4) (4) Consumption of food or beverages, and use of tobacco. No person may consume food or beverages or use tobacco in any licensed food processing plant facility used solely for concentration of maple sap or in any area where food processing equipment or utensils are cleaned or stored, except in designated areas which are separated from the processing area. This subsection does not prohibit a sanitary drinking water fountain in a processing, storage, or packaging area.

ATCP 87.28 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 (3) (c) made under s. 35.17, Stats., Register May 2017 No. 737.

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

ATCP 87.30(1) (1) Equipment and utensils used at a licensed food processing plant in processing liquid maple products or maple-derived water using methods other than concentration shall be constructed, used, and maintained in accordance with s. ATCP 70.12

ATCP 87.30(2) (2) Equipment and utensils, described in sub. (1), shall be cleaned and sanitized in accordance with ss. ATCP 70.14 (7) to (10).

ATCP 87.30(3) (3) Personnel, in licensed food processing plants processing the products listed in this section, shall meet the requirements of s. ATCP 70.10.

ATCP 87.30 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) made under s. 35.17, Stats., Register May 2017 No. 737; corrections made under s. 13.92 (4) (b) 7., Stats., Register May 2021 No. 785.

ATCP 87.32 ATCP 87.32 Production of maple-derived water.

ATCP 87.32(1) (1) Prohibited for use in certain beverages. Maple-derived water may not be used as an ingredient in bottled drinking water or a soda water beverage, as defined in s. 97.34 (1), Stats.

ATCP 87.32(2) (2) Exemption from bottled water requirements. The requirements for bottling establishments in subch. V of ch. ATCP 70 are not applicable to bottled maple-derived water.

ATCP 87.32(3) (3) Division approval required. The process and equipment used for production of maple-derived water shall meet the requirements of s. ATCP 70.24 (1) to (3), and be reviewed and approved by the division before use.

ATCP 87.32(4) (4) Annual testing. The operator of a food processing plant producing maple-derived water as ingredient water, as defined in s. ATCP 70.02 (26), shall collect a sample of maple-derived water at least annually and have the sample analyzed at a laboratory that is certified under ch. ATCP 77 to perform analysis of water for coliform bacteria levels, standard plate count, and either turbidity or organic content, as specified in s. ATCP 70.20 (3) (a) 4.

ATCP 87.32(5) (5) Standards. The maple-derived water shall contain less than 1 coliform bacterium per 100 mL, have a standard plate count of not more than 500 colony-forming units per 500 mL, and either turbidity of less than 5 units or organic content of less than 12 mg per liter, as measured by the chemical oxygen demand or permanganate-consumed tests, as specified in s. ATCP 70.20 (3) (a) 4.

ATCP 87.32 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) made under s. 35.17, Stats., Register May 2017 No. 737; correction in (3) to (5) made under s. 13.92 (4) (b) 7., Stats., Register May 2021 No. 785.

ATCP 87.34 ATCP 87.34 Recall plan.

ATCP 87.34(1) (1) Plan required. A person holding a food processing plant license under s. 97.29, Stats., and processing, storing, or packaging liquid maple products or maple-derived water, shall have a written plan for identifying and recalling products processed at that food processing facility, should a recall become necessary. The plan shall be updated as necessary, and shall be made available to the division for inspection and copying upon request.

ATCP 87.34(2) (2) Plan contents. A plan pursuant to sub. (1) shall meet the requirements of s. ATCP 70.32.

ATCP 87.34 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 (1), (2) made under s. 35.17, Stats., Register May 2017 No. 737; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register May 2021 No. 785.

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

ATCP 87.36(1) (1) Grading requirement and use of grading terminology and geographical designations. A person processing maple syrup, who is required under s. ATCP 87.12 (1) to hold a food processing plant license, shall label maple syrup containers for sale, with the grade designation in subs. (3) to (5), accurately describing the maple syrup in the containers. Other persons processing maple syrup may label maple syrup containers for sale with the grade designation in subs. (3) to (5) or the term “ungraded” that accurately describes the maple syrup in the containers. If the label on containers of maple syrup contains one or more of the Grade A color class terms or flavor descriptors in sub. (6), then the label must include the grade designation in subs. (3) to (5) or the term “ungraded” that accurately describes the maple syrup in the containers. The Wisconsin geographical designation may precede the grade designations in subs. (3) to (5) or the term “ungraded”, if all maple syrup in the container was produced in Wisconsin by concentrating maple sap. If some of the maple syrup in the container was produced by concentrating maple sap outside of Wisconsin, the U.S. geographical designation may precede the grade designation in sub. (3), but shall not precede the grade designations in subs. (4) and (5). If some of the maple syrup in the container was produced by concentrating maple sap outside of Wisconsin but the container was filled and sealed in Wisconsin, the container may be labeled “Bottled in Wisconsin” or “Packaged in Wisconsin.”

ATCP 87.36(2) (2) Standards. The following grade designations shall be used to label containers of maple syrup, when such labeling is required under sub. (1), provided the product in the container is accurately described by the definition of one of the stated grade designations in subs. (3) to (5) and the grade A color class in sub. (6), if applicable. The grade of a lot of maple syrup shall be determined by using the procedures in 7 CFR parts 52.1 to 52.83.

ATCP 87.36(3) (3) Grade a. No deviants for damage shall be labeled as Grade A. The grade designation Grade A may be applied to maple syrup that has all of the following characteristics:

ATCP 87.36(3)(a) (a) Is not more than 68.9 percent solids content by weight, or 68.9 degrees Brix.

ATCP 87.36(3)(b) (b) Has good uniform color.

ATCP 87.36(3)(c) (c) Has good flavor and odor, and intensity of flavor, or maple taste, normally associated with the color class in sub. (6).

ATCP 87.36(3)(d) (d) Is free from off flavors and odors considered as damage.

ATCP 87.36(3)(e) (e) Is free from cloudiness, turbidity, sediment, and is clean.

ATCP 87.36(4) (4) Maple syrup for processing (Processing Grade). Maple syrup bearing the grade designation maple syrup for processing, or processing grade, shall be packed in containers holding at least 5 gallons (18.925 liters) and shall not be packaged in containers smaller than 5 gallons (18.925 liters) for retail sale. Processing grade syrup is maple syrup that has all of the following characteristics:

ATCP 87.36(4)(a) (a) Fails to meet the requirements for grade A maple syrup.

ATCP 87.36(4)(b) (b) Possesses a fairly good characteristic maple taste.

ATCP 87.36(4)(c) (c) Is fairly clean and fairly free of damage, turbidity, or cloudiness.

ATCP 87.36(4)(d) (d) May be in any color class and have any percent light transmittance.

ATCP 87.36(4)(e) (e) Has not more than 68.9 percent solids content by weight, or not more than 68.9 degrees Brix.

ATCP 87.36(4)(f) (f) May contain off flavors and odors.

ATCP 87.36(4)(g) (g) May have a very strong taste.

ATCP 87.36(5) (5) Substandard. Maple syrup bearing the grade designation substandard is syrup that fails to meet the requirements in sub. (4) for processing grade maple syrup.

ATCP 87.36(6) (6) Color classes for grade a maple syrup. The color class of grade A maple syrup is determined by the percent of transmittance of light at a wavelength of 560 nanometers through the syrup, as measured with a spectrophotometer using matched square optical cells having a 10 mm light path. The color value is expressed as percent of light transmission, as compared to analytical grade glycerol fixed at 100 percent. Percent transmittance is denoted by %Tc. Any method that provides equivalent results may be used to determine grade A maple syrup color class. Grade A maple syrup color classes and corresponding flavor descriptors are shown in Table 1.

ATCP 87.36 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 (title), (1), (2), (4) (c) made under s. 35.17, Stats., Register May 2017 No. 737.

ATCP 87.38 ATCP 87.38 Enforcement. A person who violates this chapter may be prosecuted under ss. 93.21 and 97.72, Stats.

ATCP 87.38 History History: EmR 1704: emerg. cr., eff. 3-7-17; CR 16-044: cr. Register May 2017 No. 737, eff. 6-1-17.