AAM-52-12-00008-P Standards of Identity for Grade A Maple Syrup and Processing Grade Maple Syrup

12/26/12 N.Y. St. Reg. AAM-52-12-00008-P

NEW YORK STATE REGISTER

VOLUME XXXIV, ISSUE 52

December 26, 2012

RULE MAKING ACTIVITIES

DEPARTMENT OF AGRICULTURE AND MARKETS

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. AAM-52-12-00008-P

Standards of Identity for Grade A Maple Syrup and Processing Grade Maple Syrup

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed Action:

This is a consensus rule making to repeal Part 175; and add Part 270 to Title 1 NYCRR.

Statutory authority:

Agriculture and Markets Law, sections 16, 18, 160-u, 203 and 214-b

Subject:

Standards of identity for Grade A maple syrup and Processing Grade maple syrup.

Purpose:

To ensure that grades of maple syrup meet appropriate compositional requirements to promote public confidence and fair dealing.

Text of proposed rule:

Part 175 of 1 NYCRR is repealed.

1 NYCRR is amended by adding thereto a new Part 270, to read as follows:

Part 270. Maple Syrup

Section 270.1 Maple Syrup: identities; label statements

(a) Definitions: For the purpose of this section, the following terms shall have the following meanings, unless the context clearly indicates otherwise:

1. Light transmittance means the fraction of incident light at a specified wavelength that passes through a representative sample of a particular sub-grade of Grade A maple syrup.

2. Soluble solids, expressed as a percentage, means the proportion of maple sap solids in the applicable solvent.

3. Tc means the percentage of light transmission through maple syrup, measurable by a spectrophotometer, using matched square optical cells having a 10-millimeter light path at a wavelength of 560 nanometers, the color values being expressed in percent of light transmission as compared to A.R. Glycerol fixed at 100% transmission.

(b) Standards of identity.

1. Maple syrup is the liquid made by the evaporation of pure sap or sweet water obtained by tapping a maple tree. Maple syrup contains minimum soluble solids of 66.0% and maximum soluble solids of 68.9%. Maple syrup includes, and is either, Grade A Maple Syrup or Processing Grade Maple Syrup, as defined in paragraphs (2) and (3) of this subdivision.

2. Grade A maple syrup means maple syrup that is not fermented, is not turbid, and contains or has no objectionable odors, off-flavors or sediment. Grade A maple syrup must fall within one of the color and taste sub-grades of Grade A maple syrup set forth in subparagraphs (a), (b), (c), or (d) of this paragraph.

a. Grade A golden color and delicate taste maple syrup has a uniform light golden color, a delicate to mild taste, and a light transmittance of 75% Tc or more.

b. Grade A amber color and rich taste maple syrup has a uniform amber color, a rich or full-bodied taste, and a light transmittance of 50% - 74.9% Tc.

c. Grade A dark color and robust taste maple syrup has a uniform dark color, a robust or strong taste, and a light transmittance of 25% - 49.9% Tc.

d. Grade A very dark and strong taste maple syrup has a uniform very dark color, a very strong taste, and a light transmittance of less than 25% Tc.

3. Processing Grade Maple Syrup means maple syrup that does not meet the requirements for Grade A maple syrup set forth in paragraph (2) of this subdivision. Processing Grade Maple Syrup may not be sold, offered for sale or distributed in retail food stores or directly to consumers for household use.

(c) Nomenclature label statement.

1. The name of the food defined in paragraph 2 of subdivision (b) of this section is "Grade A Maple Syrup". The name "Grade A Maple Syrup" must conspicuously appear on the principal display panel of the food's label, and the words "golden color and delicate taste", "amber color and rich taste", "dark color and robust taste", or "very dark color and strong taste", as appropriate, must also conspicuously appear on the food's principal display panel in close proximity to the food's name and in a size reasonably related to the size of the name of the food.

2. The name of the food defined in paragraph (3) of subdivision (b) of this section is "Processing Grade Maple Syrup". The name "Processing Grade Maple Syrup" must conspicuously appear on the principal display panel of the food's label, and the words "For Food Processing Only" and "Not for Retail Sale" must also conspicuously appear on the food's principal display panel in close proximity to the food's name and in a size reasonably related to the size of the name of the food.

Text of proposed rule and any required statements and analyses may be obtained from:

Steve Stich, NYS Dept. of Agriculture and Markets, 10B Airline Drive, Albany, NY 12235, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Same as above.

Public comment will be received until:

45 days after publication of this notice.

This action was not under consideration at the time this agency's regulatory agenda was submitted.

Consensus Rule Making Determination

The proposed rule will amend 1 NYCRR by repealing Part 175 and by adding a new Part 270. Part 175 currently sets forth grades of maple syrup and Part 270 will set forth new grades that more accurately reflect consumer expectations and industry practices.

The proposed rule is non-controversial. The new maple syrup grades set forth in the proposed rule ("the proposed new grades") are consistent with the grades for maple syrup proposed in a document entitled Regulatory Proposal to Standardize the Grades and Nomenclature for Pure Maple Syrup in the North American and World Marketplace, published in September, 2011 by the International Maple Syrup Institute ("IMSI"), an organization comprised of and representing the major Canadian and American producers and sellers of maple syrup. Because it is anticipated that surrounding states and provinces will adopt the IMSI's proposed maple syrup grades, the proposed rule, if adopted, should facilitate trade in New York produced maple syrup not only in New York but also in surrounding states and provinces.

The proposed rule will not, therefore, have any adverse impact upon regulated parties and is, therefore, non-controversial.

Job Impact Statement

The proposed rule will not have an adverse impact upon employment opportunities.

The proposed rule will adopt new grades of maple syrup. New York State presently has approximately 500 maple syrup producers and the proposed rule, by requiring maple syrup to be labeled by grades that meet contemporary consumer expectations, may very well increase demand for New York produced maple syrup because consumers will be better assured that they are buying the type of maple syrup that they want and that is best suited to their needs. As such, the proposed rule will have no adverse impact upon jobs.