Department of Agriculture & Markets

 

 

CIRCULAR 947

Pursuant to the

MANUFACTURE, DISTRIBUTION AND SALE OF

     MAPLE SYRUP AND SUGAR

Sections 160-u, 203 and 204

Of the Agriculture and Markets Law

Parts 175, 176, 276-1 and 276.4 of Title 1

Of the Official Compilation of Codes, Rules and

Regulations of the State of New York

Revised as of April 1996

ARTICLE 13-D

MANUFACTURE, DISTRIBUTION and SALE OF

MAPLE SYRUP AND SUGAR

 

Section 160-u. Manufacture, distribution and sale of maple syrup and sugar

  1. Definitions:

    1. "Maple sap" means the sap or sweet water obtained by tapping the maple tree.
    2. "Maple syrup" means syrup made exclusively by the evaporation of pure maple sap.
    3. "Maple sugar" means sugar made exclusively by the evaporation of pure maple syrup.
    4. "Grade" shall mean the standards for maple syrup or maple sugar promulgated by the commissioner of Agriculture and Markets, as the official grades of maple syrup or maple sugar for the state of New York.

  2. Every consumer package of maple syrup offered or exposed for sale shall be plainly marked as to the grade.

  3. Advertising. Any person who uses roadside signs within the state or who uses publications printed or distributed within the state, to advertise maple syrup and who quotes a price therein, shall specify the grade of the syrup in a plain and conspicuous manner.

  4. The commissioner of Agriculture and Markets shall promulgate, after public hearing, rules and regulations to carry out the provisions of this statute.

ARTICLE 17

ADULTERATION, PACKING AND BRANDING OF FOOD AND FOOD PRODUCTS

Section 203. Manufacture and sale of imitation maple sugar and syrup prohibited

  1. No person shall manufacture for sale, keep for sale, or offer or expose for sale, any sugar in imitation or semblance of maple sugar which is not pure maple sugar, nor any syrup in imitation or semblance of maple syrup, which is not pure maple syrup, nor shall any person manufacture, offer or expose for sale any sugar as and for maple sugar which is not pure maple sugar, nor any syrup as and for maple syrup which is not pure maple syrup.

  2. For the purpose of this article the term "maple sugar" shall be deemed to mean sugar made from pure maple sap or pure maple syrup, and the term "maple syrup" shall be deemed to mean syrup made from pure maple sap.

Section 204. Branding and labeling of maple sugar and syrup mixtures

No person shall manufacture, sell or expose for sale, any compound or mixture as and for sugar which shall be made up of maple sugar mixed with any other sugar or any other substance without branding or labeling the said sugar with a statement giving the ingredients of which it is made up. No person shall manufacture, sell, expose for sale or offer for sale any compound or mixture as syrup which shall be made up of maple syrup mixed with any other syrup or ingredient without branding or labeling said syrup with a statement giving the ingredients of which it is made up. This shall not be construed to apply to a syrup or syrups manufactured and sold for medicinal purposes only.

PART 175

RULES AND REGULATIONS FOR GRADING MAPLE PRODUCTS

Section

175.1 Definitions
175.2 Grades of maple syrup
175.3 Color of maple syrup
175.4 Classification of requirements for maple syrup
175.5 Determining the grade of a lot of maple syrup
175.6 Recommended fill of container
175.7 Compliance with other legal requirements

Section 175.1 Definitions.

As used in this Subchapter:

  1. Maple syrup means syrup made exclusively by the evaporation of pure maple sap. Alternatively, the word syrup may be spelled sirup. The solids content of the finished maple syrup shall be not less than 66 percent by weight (Brix) at 68 degrees fahrenheit.

  2. Maple sugar means sugar made exclusively by the evaporation of pure maple syrup or pure maple sap.

  3. Cloudiness means the presence, in suspension, of fine particles of mineral matter, such as malate of lime, "niter", "sugar sand", calcium malate, or other substances that detract from the clearness of the syrup.

  4. Clean means that the syrup shall be practically free from foreign material such as pieces of bark, soot, dust or dirt.

  5. Damage means any defect that materially affects the appearance, edibility or shipping quality of the syrup or sugar.

  6. Serious damage means any defect that seriously affects the edibility or market value of the syrup. Badly scorched syrup, buddy syrup, fermented syrup, or syrup that has any distasteful foreign flavor or disagreeable odor shall be considered as seriously damaged.

  7. Buddy flavor or buddiness is an unpleasant flavor characteristic of syrup or sugar made from sap collected from maple trees as they come out of dormancy.

  8. U.S. Department of Agriculture Color Standards means the official U.S. Department of Agriculture (USDA) permanent glass color standards for maple syrup.

Section 175.2 Grades of maple syrup.

  1. Grade A is the quality of maple syrup that is suitable for table use and:

    1. (1) has good color;
    2. (2) has good flavor and odor;
    3. (3) is practically free from defects; and
    4. (4) is practically clear.

  2. Grade B for reprocessing is the quality of maple syrup that:

    1. has fairly good color;
    2. has fairly good flavor and odor;
    3. is fairly free from defects;
    4. is fairly clear; and
    5. is suitably designated or labeled as a reprocessing grade in such manner as to qualify for Federal grading, inspection, or certification. Reprocessing grade maple syrup shall not be packaged in consumer-size containers and shall be considered unsuitable for consumer labeling.

  3. Extra dark for cooking is the quality of maple syrup that:

    1. has fairly good color;
    2. has fairly good flavor and odor;
    3. is fairly free from defects;
    4. is fairly clear;
    5. is suitably designated or labeled as "extra dark for cooking" in such a manner as to qualify for Federal grading, inspection, or certification. "Extra dark for cooking" maple syrup may be packaged in consumer size containers of one pint or larger. The words "extra dark for cooking" shall appear prominently and conspicuously on the container in letters that shall not be less than one-half the size of the words "maple syrup" and not less than a minimum of three-sixteenths of an inch in height.

  4. Substandard is the quality of maple syrup that fails to meet the requirements for "Grade B for reprocessing" or "Extra Dark for Cooking".

  5. Grade nomenclature may be prefixed with the name of the state of manufacture or the letters U.S. or words United States, where applicable.

Section 175.3 Color of maple syrup.

  1. General. Color has reference to the color of maple syrup when examined by means of the USDA permanent glass color standards for maple syrup.

  2. Availability of color standards. The color standards referred to in this section are available only from the approved supplier under a license from the U.S. Department of Agriculture.

Section 175.4 Classification of requirements for maple syrup.

  1. "A" classification

    1. Good color means that the syrup color is bright and typical of maple syrup prepared from sound, properly gathered sap; and, in addition, meets the following spectral requirements:

      1. Grade A light amber is as light, or lighter, in color than the USDA light amber glass color standard.
      2. Grade A medium amber is darker in color than light amber, but is no darker than the USDA medium amber glass color standard.
      3. Grade A dark amber is darker in color than medium amber, but is no darker than the USDA dark amber glass color standard.

    2. The syrup shall have a good maple flavor characteristic of the color, shall be clean, practically clear, practically free from damage, and shall be free from serious damage.

  2. "B" or "extra dark for cooking" classification.

    1. Fairly good color means that the syrup color is darker in color than the USDA dark amber glass color standard, but is not off- color for any reason.

    2. The syrup shall have fairly good characteristic maple flavor, shall be fairly free from damage, fairly clear, and free from serious damage.

  3. Substandard classification. Maple syrup that fails to meet the requirements of subdivision (a) or (b) of this section shall not be graded above substandard.

Section 175.5 Determining the grade of a lot of maple syrup.

  1. The grade of a lot of maple syrup covered by these standards is determined by the procedures set forth in the Federal regulations governing inspection and certification of processed fruits and vegetables, processed products thereof, and certain other processed food products (7 CFR 2852.1 through 2852.83); provided that when certifying the color of a sample that has been officially drawn and which represents a specific lot of maple syrup, the lot shall be considered as being of one color if the number of color deviants does not exceed the acceptance number in the appropriate sampling plan. Any lot of maple syrup in which the number of color deviants exceeds the acceptance number shall be designated as a lot of mixed color.

  2. No deviants for serious damage shall be allowed in grades above substandard.

Section 175.6 Recommended fill of container.

Since both Federal and New York State statutes provide that food shall be deemed to be misbranded if its container is so filled as to be misleading, it is recommended that each container of maple syrup be filled as full as practicable, and that the product occupy not less than 90 percent of the volume of the container.

Section 175.7 Compliance with other legal requirements.

Compliance with the provisions of the rules and regulations in this Subchapter shall not excuse failure to comply with the provisions of the Federal Food, Drug and Cosmetic Act, or with other applicable New York State laws and regulations.

PART 176

STANDARDS OF GRADING MAPLE SUGAR

Section

176.1 Purity requirements
176.2 Labeling
176.3 Grade requirements

Section 176.1 Purity requirements.

If maple sugar is labeled as to grade, it shall possess a characteristic maple flavor, be free of a taste of fermentation, be clean, and free from damage caused by scorching, buddiness, any objectionable foreign flavor or odor or other means.

Section 176.2 Labeling.

If maple sugar is labeled as to grade as set forth in this Part, the grade shall conform to the standards set forth in this Part.

Section 176.3 Grade requirements.

  1. Light amber maple sugar shall consist of maple sugar which shall not be darker in color than light amber, as represented by the color standards of the United States Department of Agriculture.

  2. Medium amber maple sugar shall consist of maple sugar which shall be darker in color than light amber but not darker than medium amber, as represented by the color standards of the United States Department of Agriculture.

  3. Dark amber maple sugar shall consist of maple sugar which shall be darker in color than medium amber but not darker than dark amber, as represented by the color standards of the United States Department of Agriculture.

PART 276

FOOD PROCESSING ESTABLISHMENTS

Subject to Regulation Under Article 20-C

of the Agriculture and Markets Law

Section 276.1 Good manufacturing practices.

All food processing establishments subject to regulation under article 20-C of the Agriculture and Markets Law shall be subject to the current good manufacturing practices of Part 261 of this Title unless exempted by said article 20-C or by this Part.

Section 276.4 Exemption.

  1. Maple syrup and honey. Processors of maple syrup or honey who do not purchase maple syrup or honey from others for repackaging, and who do not combine maple syrup or honey with any other substance, shall be exempt from the licensing requirements of this Subchapter, provided that the following conditions are met:

    1. Such establishments are maintained in a sanitary condition and manner, and to this end the following requirements shall be complied with:

      1. (i) Every practicable precaution shall be taken to exclude birds, insects (except those involved in the production of the product), rodents and other vermin and animals from the premises of the operation.
      2. (ii) The use of insecticides, rodenticides and other pest control items in such establishments shall be permitted only under such precautions and restrictions as will prevent the contamination of the product.
      3. (iii) Rooms, compartments, places, equipment and utensils used for preparing, storing or otherwise handling the product, and all other parts of the operating premises, shall be kept in a clean and sanitary condition.
      4. (iv) There shall be no handling or storing of materials which may create insanitary conditions in any place or places where the product is prepared, stored or otherwise handled.
      5. (v) All equipment and utensils used in processing or handling the product shall be maintained in good repair to assure sanitary conditions in the operation.
      6. (vi) All finished product containers must be clean, sanitary and properly labeled in compliance with the requirements of Parts 175, 176 and 259 of this Title.

  2. Exemptions from licensing requirements of article 20-C of the Agriculture and Markets Law under this section are conditioned on continued compliance with the requirements of this section.


  3. The granting of an exemption pursuant to this section will not except an operation from any inspections the commissioner may deem necessary to assure compliance with this section.