Subchapter I — Honey
ATCP 87.015 Honey standard.
ATCP 87.017 Wisconsin certified honey.
ATCP 87.02 Industry grading.
ATCP 87.03 Packaging and labeling.
ATCP 87.04 Ungraded honey.
ATCP 87.06 Cut comb honey.
ATCP 87.08 Extracted honey.
Subchapter II — Maple Syrup and Certain Other Maple Products
ATCP 87.14 Food processing plant facilities used solely for concentration of maple sap.
ATCP 87.16 Food processing plant facilities for pre-package processing of maple syrup and shelf-stable concentrated maple sap.
ATCP 87.18 Processing, storing, and packaging liquid maple products or maple-derived water.
ATCP 87.20 Containers for packaging liquid maple products or maple-derived water.
ATCP 87.22 Operations water at food processing facilities used solely for the concentration of maple sap.
ATCP 87.24 Maple-derived water.
ATCP 87.26 Equipment and utensils used in food processing plant facilities used solely for concentration of maple sap.
ATCP 87.28 Personnel standards in food processing plant facilities used solely for concentration of maple sap.
ATCP 87.30 Processing liquid maple products or maple-derived water by methods other than concentration.
ATCP 87.32 Production of maple-derived water.
ATCP 87.36 Description and use of grade designations, terminology, and geographical designations to label containers of maple syrup.
ATCP 87.01
ATCP 87.01
Definitions. In this subchapter:
ATCP 87.01(1)
(1) “Chunk honey" is comb honey surrounded by extracted honey.
ATCP 87.01(2)
(2) “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.
ATCP 87.01(3)
(3) “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)
White Under 35
Golden From 35 to 85
Dark Over 85
ATCP 87.01(4)
(4) “Comb honey" is honey contained in the cells of comb. As sold at retail, “comb honey" means comb honey in sections.
ATCP 87.01(5)
(5) “Cut comb honey" is comb honey cut out to a uniform size.
ATCP 87.01(6)
(6) “Department" means the state of Wisconsin department of agriculture, trade and consumer protection.
ATCP 87.01(7)
(7) “Evenly capped" means that combs shall be free from pronounced irregularities in the surface.
ATCP 87.01(8)
(8) “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.
ATCP 87.01(9)
(9) “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.
ATCP 87.01(10)
(10) “Firmly attached" means that the comb shall be attached to wood sections at least 85% of the way around.
ATCP 87.01(11)
(11) “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.
ATCP 87.01(12)
(12) “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.
ATCP 87.01(13)
(13) “Not projecting" means that no part of the comb shall project beyond the outer edge of the sections.
ATCP 87.01(14)
(14) “Uniformly colored" means that all cells contained in any section shall be of the same color.
ATCP 87.01 History
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.
ATCP 87.015
ATCP 87.015 Honey standard. 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 NoteViolations 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), Stats.
ATCP 87.015 History
History:
CR 11-038: cr.
Register January 2012 No. 673, eff. 2-1-12.
ATCP 87.017(1)(1)
Prohibition. 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
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), Stats.
ATCP 87.017(2)
(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).
ATCP 87.017(3)
(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:
ATCP 87.017(3)(a)
(a) 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:
ATCP 87.017(3)(b)
(b) 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.
ATCP 87.017 Note
Note: A person may obtain an application form by calling (608) 224-4720, by visiting the department website at
http://www.datcp.wi.gov, or by writing to the following address:
ATCP 87.017 Note
Wisconsin Department of Agriculture, Trade and Consumer Protection, Food Safety Division, Attn: honey certification, P.O. Box 8911, Madison, WI 53708-8911
ATCP 87.017 Note
The “Official Methods of Analysis of AOAC International", 18
th Edition (2005), current through Revision 1, 2006, is on file with the department and the legislative reference bureau. Copies are available from AOAC International at 481 North Frederick Avenue, Suite 500, Gaithersburg, MD 20877-2417.
ATCP 87.017(4)
(4)
Action on application. The department shall grant or deny an application under sub.
(3), in writing, within 30 days after the department receives a complete application. If the department denies an application, the department shall specify the reasons for the denial.
ATCP 87.017 History
History:
CR 11-038: cr.
Register January 2012 No. 673, eff. 2-1-12; correction in numbering of (4) under s.
13.92 (4) (b) 7., Stats,
Register January 2012 No. 673.
ATCP 87.02(1)(1)
Each producer or packer of honey shall be entitled to grade and label the honey produced or packed by him or her in conformity with the standards established by this order.
ATCP 87.02(2)
(2) The Wisconsin department of agriculture, trade and consumer protection will enforce the standards established by this order through the inspection and sample grading of honey; and it will, insofar as possible, assist producers and packers in the determination of the grade and color of their honey.
ATCP 87.02 History
History:
1-2-56; correction made under s. 13.93 (2m) (b) 5. and 6., Stats.,
Register, April, 1993, No. 448; renum. from ATCP 156.02,
Register, February, 1996, No. 482, eff. 3-1-96;
CR 11-038: renum from 157.02
Register January 2012 No. 673, eff. 2-1-12.
ATCP 87.03(1)(1)
Each section and each case of comb honey and every container in which cut comb honey, chunk honey or extracted honey is sold or offered for sale shall declare the name and address of the packer or dealer and the net weight of the contents.
ATCP 87.03(2)
(2) Every container of honey of any class represented as Wisconsin No. 1 shall bear a label statement of the color of such honey as specified in the definition.
ATCP 87.03(3)
(3) Crystallized extracted honey shall be labeled as such. The term “candied" may be used.
ATCP 87.03(4)
(4) No honey of any class shall be labeled or otherwise sold or offered for sale as “Wisconsin Fancy" honey unless it is white in color as specified in the definitions.
ATCP 87.03(5)
(5) No honey shall be sold or offered for sale at retail in anything but new sections or other containers; provided, however, that clean, sanitary, rust-free containers holding 50 pounds or more may be re-used for sales within the trade or to large commercial consumers.
ATCP 87.03(6)
(6) When the predominant flavor of the honey or the principal source from which the honey is derived is clearly predominant and readily distinguishable by experienced people in the industry, such flavor or such source may be declared on the label; provided, however, that this paragraph shall not be construed to permit the naming of more than one flavor or more than one source, nor to permit the naming of the honey by season.
ATCP 87.03 History
History:
1-2-56; renum. from ATCP 156.03,
Register, February, 1996, No. 482, eff. 3-1-96;
CR 11-038: renum from 157.03
Register January 2012 No. 673, eff. 2-1-12.
ATCP 87.04(1)(1)
Every producer who does not intend to market all the honey in conformity with the standards established by this order shall plainly stamp or mark “Ungraded" on each container or section, and on each case or box.
ATCP 87.04(2)
(2) When a producer sells a portion of an annual honey crop on a graded basis, all of such annual honey crop shall be sold on a graded basis and no part thereof sold as “Ungraded" honey.
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.
