(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.
(9) Control of pests. (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.
(b) Animals, including domesticated animals, shall be kept out of maple sap concentration areas.
(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 87.16 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 70.04.
ATCP 87.18 Processing, storing, and packaging liquid maple products or maple-derived water (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 70.06 and the transfer method prevents contamination.
(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 70.04.
(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 70.04.
(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 (22) and shall be handled, stored, and processed in compliance with s. ATCP 70.09 (1) to (3).
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 70.10.
ATCP 87.22 Operations water at food processing facilities used solely for the concentration of maple sap. (1) Operations water as defined in s. ATCP 70.02 (21) 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.
(2) Operations water shall be available in consistently adequate quantity, and shall comply with the microbiological drinking water standards in ch. NR 809.
(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 ATCP 77, for compliance with the microbiological drinking water standards in s. NR 809.30.
(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.
(5) Operations water, transported from elsewhere to the maple sap concentration facility, shall be transported in compliance with the requirements of s. ATCP 70.07 (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 70.10. 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 70.07 (3).
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:
(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.
(2) Chemical treatment of the maple-derived water complies with s. ATCP 70.07 (4).
(3) Any storage tank used to hold maple-derived water shall be constructed to meet the requirements of s. ATCP 70.06 (2) and shall be emptied, cleaned, and sanitized at least once every 24 hours.
(4) The maple-derived water shall not be stored more than 24 hours before use.
(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 87.26 Equipment and utensils used in food processing plant facilities used solely for concentration of maple sap. (1) Construction and maintenance; general. (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 70.06. 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.
(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.
(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 re-used.
(d) Filtering materials such as socks and presses shall be in a clean condition before use. Filter papers may not be re-used.
(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.
(3) Ultraviolet lights. Ultraviolet light sources shall be shielded or shatterproof.
(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.
(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.
(6) Cleaning and sanitizing equipment and utensils; general. (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.
(b) Reverse osmosis equipment shall be cleaned according to the manufacturer’s directions.
(c) Sanitizers and methods used to sanitize equipment under this section shall comply with ss. ATCP 70.06 (7), (7m) through (10) and 70.11.
ATCP 87.28 Personnel standards in food processing plant facilities used solely for concentration of maple sap. (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.
(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.
(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:
(a) A reportable communicable disease.
(b) Any symptom of an acute gastrointestinal illness.
(c) A discharging or open wound, sore or lesion on the hands, arms or other exposed portions of the body.
(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 87.30 Processing liquid maple products or maple-derived water by methods other than concentration. (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 70.06.
  (2) Equipment and utensils, described in sub. (1), shall be cleaned and sanitized in accordance with ss. ATCP 70.06 (7) through (10).
(3) Personnel, in licensed food processing plants processing the products listed in this section, shall meet the requirements of s. ATCP 70.05.
ATCP 87.32 Production of maple-derived water. (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.
(2) Exemption from bottled water requirements. The requirements for bottling establishments in subch. V of ATCP 70 are not applicable to bottled maple-derived water.
(3) Division approval required. The process and equipment used for production of maple-derived water shall meet the requirements of s. ATCP 70.09 (1) to (3), and be reviewed and approved by the division before use.
(4) Annual testing. The operator of a food processing plant producing maple-derived water as ingredient water, as defined in s. ATCP 70.02 (18), 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 70.07 (3) (a) 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 70.07 (3) (a) 5.
ATCP 87.34 Recall plan. (1) Plan required. A person holding a food processing plant license under s. 97.29, Wis. 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.
(2) plan contents. A plan pursuant to sub. (1), shall meet the requirements of s. ATCP 70.117.
ATCP 87.36   Description and use of grade designations, terminology and geographical designations to label containers of maple syrup. (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 subsections (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 subsections (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 subsection (6), then the label must include the grade designation in subsections (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 subsections (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 subsection (3), but shall not precede the grade designations in subsections (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.”
(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) through (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.
(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:
(a) Is not more than 68.9 percent solids content by weight, or 68.9 degrees Brix.
(b) Has good uniform color.
(c) Has good flavor and odor, and intensity of flavor, or maple taste, normally associated with the color class in sub. (6).
(d) Is free from off flavors and odors considered as damage.
(e) Is free from cloudiness, turbidity, sediment, and is clean.
(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:
(a) Fails to meet the requirements for grade A maple syrup.
(b) Possesses a fairly good characteristic maple taste.
(c) Is fairly clean and fairly free of damage, turbidity or cloudiness.
(d) May be in any color class and have any percent light transmittance.
(e) Has not more than 68.9 percent solids content by weight, or not more than 68.9 degrees Brix.
(f) May contain off flavors and odors.
(g) May have a very strong taste.
(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.
(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.
Table 1. Grade A Color Class     Flavor Descriptor   Percent light transmittance:
Golden           Delicate     At least 75.0
Amber           Rich       50.0 – 74.9
Dark           Robust       25.0 – 49.9
Very Dark         Strong       less than 25.0
ATCP 87.38   Enforcement. A person who violates this chapter may be prosecuted under ss. 93.21 and 97.72, Stats.
  Section 12. Effective date. This rule takes effect on the first day of the month following publication in the Wisconsin Administrative Register, as provided under s. 227.22(2)
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