Rule-Making Notices (Hearing Notices)

rulemaking_notices Wisconsin Administrative Register No. 666, 6/30/2011

Rule-Making Notices

Notice of Hearing

Agriculture, Trade and Consumer Protection

rulemaking_notices CR 11-038 CR 11-038

(DATCP # 10-R-03)

The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) announces that it will hold public hearings on a proposed rule revising Chapters ATCP 87 and 157, relating to certified honey and the sale of products represented as honey.

Hearing Information

DATCP will hold two public hearings at the times and locations shown below. DATCP invites the public to attend the hearings and comment on the proposed rule.

Date:   Monday, July 25, 2011

Time:   11:00 AM to 1:00 PM

Location:   Department of Agriculture, Trade and         Consumer Protection
  Board Room (1st Floor)
  2811 Agriculture Drive

  Madison, WI 53718-6777

Date:   Thursday, July 28, 2011

Time:   11:00 AM to 1:00 PM

Location:   Portage County Courthouse Annex
  1462 Strongs Avenue
  Room 2
  Stevens Point, WI 54481

Hearing impaired persons may request an interpreter for this hearing. Please make reservations for a hearing interpreter by July 11, 2011, by writing to Skya Murphy, Division of Food Safety, P.O. Box 8911, Madison, WI 53708-8911; or by emailing [e-mail]; or by telephone at [phone]. Alternatively, you may contact the DATCP TDD at [phone]. The hearing facility is handicap accessible.

Copies of Proposed Rule

You can obtain a free copy of this hearing draft rule by contacting the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Food Safety, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708. You can also obtain a copy by calling [phone] or by emailing [e-mail]. Copies will also be available at the hearing. To view the hearing draft rule online, go to: http://adminrules.wisconsin.gov.

Submittal of Written Comments

Following the public hearings, the hearing record will remain open until August 11, 2011 for additional written comments. Comments may be sent to the Division of Food Safety at the address below, or to [e-mail], or to http://adminrules.wisconsin.gov.

Comments or concerns relating to small business may also be addressed to DATCP's small business regulatory coordinator Keeley Moll at the address above, or by email to [e-mail], or by telephone at [phone].

Analysis Prepared by Department of Agriculture, Trade and Consumer Protection

Statutes interpreted

Sections 93.06 (1m) and (1p), 97.09 (4) and 100.187, Stats.

Statutory authority

Sections 93.07 (1), 97.09 (4) and 100.187, Stats.

Explanation of Statutory Authority

DATCP has broad general authority, under s. 93.07 (1), Stats., to interpret laws under its jurisdiction. DATCP has authority under s. 93.06 (1m) and (1p), Stats., to evaluate farm products upon request for certification purposes, and to charge a fee to cover the cost of the service. DATCP has general authority, under s. 97.09 (4), Stats., to adopt rules specifying standards to protect the public from the sale of adulterated or misbranded foods. DATCP also has specific authority, under s. 100.187, Stats, (created by 2009 Wis. Act 169), to promulgate rules related to Wisconsin certified honey and the sale of products represented as honey.

Related rules or statutes

Section 97.09, Stats., currently incorporates federal food standards of identity by reference; however, there is currently no federal standard of identity for honey. Section 97.10, Stats., prohibits the sale of adulterated or misbranded food as defined in ss. 97.02 and 97.03, Stats., including food whose identity is misrepresented. Section 100.183, Stats., prohibits deceptive advertising of food.

Plain language analysis

Background

Wisconsin ranked 8th among the states in honey production in 2010 (total Wisconsin production increased by 15% compared to 2009). Wisconsin's 2010 honey crop had an estimated value of $7.27 million. There are approximately 900 honey producers in the state.

This rule prohibits sellers from misrepresenting adulterated or non-honey products as “honey." Some products sold as “honey" have been found to contain non-honey ingredients such as rice syrup, high fructose corn syrup and other sweeteners. Dangerous contaminants such as the antibiotic chloramphenicol have also been detected in samples of honey imported from foreign countries. Approximately 2/3 of the honey consumed in the United States is imported from other countries.

This rule also creates a voluntary program under which qualifying Wisconsin honey producers may sell their honey “Wisconsin certified honey."

Rule Content

GENERAL

This rule does all of the following:

•   Renumbers the current ch. ATCP 157 (Honey and Maple Syrup) as ch. ATCP 87.

•   Creates a standard of identity for “honey" (see below).

•   Creates a “Wisconsin certified honey" program (see below).

Standard of Identity for “Honey"

This rule creates a standard of identity for “honey," in order to prevent the sale of adulterated or non-honey products as “honey." The standard of identity conforms to the standard contained in the Codex Alimentarius adopted by the United Nations food and agriculture organization and the World Health Organization.

“Wisconsin Certified Honey" Program

Under this rule:

•   No person may represent a product “Wisconsin certified honey" unless the product meets all of the following requirements:

•   It complies with the honey standard of identity under this rule.

•   It was collected from honeybee hives in this state.

•   Its producer holds a valid annual approval from DATCP (see below).

•   A honey producer who wishes to sell “Wisconsin certified honey" may apply for annual DATCP approval (an annual approval expires on December 31). An annual application must include all of the following:

•   A statement certifying that all honey which the applicant proposes to sell or distribute as “Wisconsin certified honey" will meet all of the following requirements:

  * It will be collected from honeybee hives in this   state.

    * It will comply with the honey standard of         identity in this rule.

•   Laboratory test results (moisture, fructose and glucose, and sucrose) to document that the honey complies with the standard of identity in this rule. Testing must be performed on a representative sample of honey using methods prescribed in the Codex Alimentarius.

•   A fee of $50.

•   DATCP must grant or deny an application in writing, within 30 days after DATCP receives a complete application. If DATCP denies an application, it must specify the reasons for the denial.

Comparison with federal regulations

There are no federal regulations related to this rule.

Comparison with rules in adjacent states

There are no similar programs in surrounding states.

Summary of data and analytical methodologies

DATCP worked with the Wisconsin honey producers association to develop this rule. Analytical methodologies prescribed by this rule are those prescribed by the Codex Alimentarius.

Environmental Impact