Register February 2012 No. 674
Chapter ATCP 87
HONEY AND MAPLE SYRUP
Subchapter I — Honey
Wisconsin certified honey.
Packaging and labeling.
Cut comb honey.
Subchapter II — Maple Syrup
Wisconsin grade A.
Wisconsin manufacturer's grade.
In this subchapter:
"Chunk honey" is comb honey surrounded by extracted honey.
"Clean" means free from foreign material when strained through standard bolting cloth of 86 meshes per inch at a temperature of not more than 130° Fahrenheit.
"Color". The color for honey of the grades Wisconsin Fancy and Wisconsin No. 1 shall be determined by the Pfund color-scale instrument as follows:
Pfund scale readings (in millimeters)
Golden From 35 to 85
Dark Over 85
"Comb honey" is honey contained in the cells of comb. As sold at retail, "comb honey" means comb honey in sections.
"Cut comb honey" is comb honey cut out to a uniform size.
"Department" means the state of Wisconsin department of agriculture, trade and consumer protection.
"Evenly capped" means that combs shall be free from pronounced irregularities in the surface.
"Extracted honey" is honey which has been separated from the crushed or uncrushed comb by centrifugal force, gravity, straining, or other means. Extracted honey of the "crystallized type" shall be uniformly granulated, smooth and fine in texture, and when liquefied at 130°Fahrenheit shall meet all other requirements of the grade represented.
"Fairly clean" means free from foreign material when strained through 2 thicknesses of cheesecloth of 36 by 40 mesh at a temperature of not more than 130° Fahrenheit.
"Firmly attached" means that the comb shall be attached to wood sections at least 85% of the way around.
"Good quality" comb honey means honey which is commercially salable, not containing cells of pollen or honeydew of insect origin, not extensively granulated, poorly ripened, sour or weeping, and not in leaking, injured or patched up sections.
"Honey" means the natural sweet substance produced by honey bees from the nectar of plants or from secretions of living parts of plants or excretions of plant-sucking insects on the living parts of plants, which the bees collect, transform by combining with specific substances of their own, deposit, dehydrate, store and leave in the honey comb to ripen and mature. When honey comes from the nectars of plants it can be called blossom honey or nectar honey. When honey comes mainly from excretions of plant-sucking insects on the living parts of plants or secretions of living parts of plants, it can be called honeydew honey.
"Not projecting" means that no part of the comb shall project beyond the outer edge of the sections.
"Uniformly colored" means that all cells contained in any section shall be of the same color.
ATCP 87.01 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
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
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)
ATCP 87.015 History
: cr. Register January 2012 No. 673
, eff. 2-1-12.
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 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)
(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).
(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:
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:
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.