Code of Vermont Rules
Agency 20 - DEPARTMENT OF AGRICULTURE, FOOD AND MARKETS
Sub-Agency 011 - DEVELOPMENT DIVISION
Chapter 002 - MAPLE PRODUCTS REGULATIONS
Section 20 011 002 - MAPLE PRODUCTS REGULATIONS
Universal Citation: VT Code of Rules 20 011 002
Current through February, 2024
Section I Definitions
1. As used in these
regulations:
a) "Act" means 6
V.S.A. Chapter 32;
b)
"Advertisement" means any method used to call attention to a product
which is intended to arouse a desire to purchase that product. It
shall include, but is not limited to, signs, displays, radio and
television broadcasts, newspapers and periodicals, direct mail, and
other printed forms;
c)
"Bulk maple syrup" means maple syrup packed in containers of more
than five gallons;
d)
"Secretary" means the Secretary for the Vermont Agency of
Agriculture, Food & Markets or his or her designee;
e) "Damage" means any defect that
affects the color, appearance, flavor, aroma, edibility or shipping
quality of the maple syrup or sugar. Maple syrup which is fermented
or which contains any buddy flavor, scorched flavor, or any other
distasteful foreign flavor shall be considered damaged;
f) "Dealer" means a person who
annually buys, or otherwise acquires from another person, 1,000
gallons of maple syrup or more, but less than 2500 gallons, for the
purposes of packaging for resale, or for resale in bulk;
g) "Agency" means the Vermont
Agency of Agriculture, Food & Markets;
h) "Doing business," when used in
connection with a dealer or processor, means a single act, or a
series of actions performed by the dealer or processor within Vermont
in the furtherance of that dealer or processor's business;
i) "Grade" or "grades" means the
standards for maple syrup promulgated through regulation by the
Secretary. Those standards shall be the official grades of maple
syrup for the state of Vermont;
j) "Inspector" means any person
designated by the Secretary to carry out the Secretary's duties under
this chapter;
k) "Light
transmission" means the ability of maple syrup to transmit light as
determined optically by means of a spectrophotometer;
l) "Maple products" means only
maple syrup, maple sugar, maple cream, or any other product in which
the sugar content is entirely derived from pure maple sap and to
which nothing has been added;
m) "Maple sap" means the
unprocessed liquid derived from the maple tree (Acer);
n) "Maple sap hydrometer" means a
floating instrument which measures the specific gravity of a liquid
and which contains a scale designed to determine the sugar content of
maple sap;
o) "Maple
sugar" means the solid, crystalline product of maple sap
only;
p) "Maple syrup"
means pure maple syrup which is the liquid derived by concentration
and heat treatment of the sap of the maple tree (Acer). Maple syrup
shall not be processed in any manner which adds or removes naturally
occurring soluble materials. The limitation does not preclude the use
of approved filter aids used for the sole purpose of assisting the
removal of suspended material or the use of defoaming agents approved
by the Secretary. Maple syrup shall comply with Vermont state grades,
density, and flavor requirements;
q) "Maple syrup hydrometer" means a
floating instrument which measures the specific gravity of a liquid
and which contains a scale designed to determine the density of maple
syrup;
r) "Packaged maple
syrup" means maple syrup packed in containers of five gallons or
less;
s) "Persons" means
individuals, groups of individuals, partnerships, limited
partnerships, corporations, companies, cooperatives, and
associations;
t)
"Principal display panel" shall be construed to mean that part of a
label that is so designed as to most likely be displayed, presented,
shown, or examined under normal and customary conditions of display
and purchase. Wherever a principal display panel appears more than
once on a package, all requirements pertaining to the "Principal
display panel" shall pertain to all such "principal display
panels";
u) "Processor"
means a person who annually buys, or otherwise acquires from another
person, 2,500 gallons of maple syrup or more for purposes of
packaging for resale, processing into associated products, or for
resale in bulk.
v)
"Produced in Vermont" shall mean only that maple syrup or other maple
products which are manufactured in their entirety from pure,
unprocessed maple sap within the state of Vermont pursuant to
standards established by the Act and these regulations;
w) "Public eating place" means any
person or establishment engaged in the business of preparing and
selling food for the general public's consumption on premises and who
is subject to the license requirement of
18 V.S.A.
4351;
x) "Spectrophotometer" means an
instrument which measures the % of light transmission through maple
syrup determining it's grade, by using matched square optical cells
having a 10 mm light path at a wavelength of 560 nm, the color values
being expressed in per cent of light transmission as compared to A.R.
Glycerol fixed at one hundred per cent transmission. Symbolized by
"%Tc".
Section II Licenses
1) A dealer
or processor of maple syrup who is doing business in this state, or
who wishes to do business in this state, must annually obtain a
license to do so from the Secretary; a maple dealer or processor's
license may be sought in the following manner:
a. Annually, the dealer or
processor shall request an application from the Agency of
Agriculture, Food & Markets, 120 State Street, Montpelier, VT
05620-2901;
b. The dealer
or processor shall then complete and return the application prior to
July 1 of each year;
c.
The application shall be fully and accurately filled out, providing
all requested information; the dealer or processor shall also provide
such additional documentation as the Secretary may from time to time
require;
d. The
application shall be accompanied by whatever fee is required by
law.
2) In
addition to other information which the Secretary may from time to
time require to be provided by application, the dealer or processor
shall provide the following information for the past calendar year:
a. Total amount of Vermont produced
maple syrup purchased or otherwise acquired.
b. Total amount of maple syrup not
produced in Vermont which was purchased or otherwise
acquired;
c. Total amount
of bulk maple syrup sold or otherwise disposed of which had the word
"Vermont" or the abbreviation "Vt." anywhere on its label other than
in the packer's name and address;
d. Total amount of bulk maple syrup
sold or otherwise disposed of, which did not have the word "Vermont"
or the abbreviation "Vt." anywhere on its label, other than in the
packer's name and address;
e. Total amount of packaged maple
syrup sold or otherwise disposed of which had the word "Vermont" or
the abbreviation "Vt." anywhere on the label or package, other than
in the packer's name and address;
f. Total amount of packaged maple
syrup sold or otherwise disposed of which did not have the word
"Vermont" or the abbreviation "Vt." on the label or anywhere else on
the package, other than in the packer's name and address;
g. Total amount of maple syrup used
in making other maple products which were sold or otherwise disposed
of and which had the word "Vermont" or the abbreviation "Vt."
anywhere on the label or package, other than in the packer's name and
address;
h. Total amount
of maple syrup used in making other maple products which were sold,
or otherwise disposed of, and which did not have the word "Vermont"
or the abbreviation "Vt." anywhere on the label or package, other
than in the packer's name and address;
i. Total amount of maple syrup used
in maple-flavored products.
j. Total amount of Vermont produced
maple syrup in inventory at the end of the year;
k. Total amount of maple syrup not
produced in Vermont in inventory at the end of the year.
3) A dealer or processor
shall maintain all records necessary to prove the statistical
information required by the Act and by these regulations for a period
of at least three years. Those records shall include the names and
addresses of all persons from whom maple syrup was purchased and the
amount of maple syrup purchased. The dealer or processor shall also
maintain samples of each and every label and container used in
connection with the sale of packaged maple syrup and maple products;
he shall maintain samples of each and every label used in connection
with bulk maple syrup sales. All such records shall be made available
to the Secretary upon request. Failure to maintain adequate records
as required by the Act and by these regulations shall constitute
sufficient cause for the Secretary to suspend, revoke or refuse to
grant that dealer or processor a license.
4) The Secretary may, at his
discretion, exempt a dealer or processor from the foregoing record
keeping requirements where he finds that the dealer or processor has
not, and will not, label his maple syrup or maple products in any way
which states or implies that the maple syrup or maple products were
produced in Vermont. In order to apply for such an exemption, a
dealer or processor shall annually request that status at the time he
re-applies for the dealer or processor's license. He shall provide
the Secretary with copies of all labels and containers used during
the preceding year and with copies of any changes intended to be made
to those labels or containers. Upon review, if the Secretary
determines that the labels and containers do not state or imply that
the maple products were produced in Vermont, he may grant that dealer
or processor a one-year exemption from the record keeping
requirements.
5) The
Secretary may suspend, revoke or decline to grant a dealer or
processor's license for cause, or for failure of the applicant to
provide all information which the Secretary may reasonably request.
Cause sufficient to justify suspension, revocation or refusal to
grant a dealer or processor's license may be found where:
a. a dealer or processor has
violated any provision contained in the Act;
b. a dealer or processor has
violated any provision of these regulations;
c. a dealer or processor has failed
to keep adequate records demonstrating where maple syrup was produced
and how it was labeled when it was sold, as required by Section II.
3, unless that dealer or processor has obtained an exemption from
record keeping as provided for in Section II. 4;
d. a dealer or processor has failed
to fully and accurately answer all questions required on the annual
application form to obtain a dealer or processor's license, or has
failed to provide other information reasonably requested by the
Secretary;
e. a dealer or
processor has committed any other action, which in the opinion of the
Secretary, gives sufficient cause to warrant suspension, revocation
or refusal to grant that dealer or processor's license.
Section III State of Vermont Grades and Standards for Maple Syrup
1) The following grades are hereby
established as the official grade A maple syrup grade standards for
the state of Vermont:
a. "Golden
Color / Delicate Taste" means pure maple syrup which is free of any
material other than pure, clear, clean liquid maple syrup in sanitary
condition; which has a color no darker than the United States
Department of Agriculture's visual color standard Golden Color, or
has a color for light transmittance not less than 75.0%Tc; which has
a delicately sweet, original maple flavor characteristic; and which
has a density ranging from the equivalent of 36 degrees Baume (66.9
degrees Brix) to 37 degrees Baume (68.9 degrees Brix) at 60 degrees
Fahrenheit Modulus 145. Golden Color / Delicate Taste maple syrup
shall be free of sugar crystals and shall not be damaged in any
way;
b. "Amber Color /
Rich Taste" means pure maple syrup which is free of any material
other than pure, clear, clean liquid maple syrup in sanitary
condition; which has a color no darker than the U.S. Department of
Agriculture visual standard, Amber Color, or has a color for light
transmittance between the range of 74.9%Tc to 50%Tc; it may have a
flavor which is more pronounced than that of Golden Color / Delicate
Taste, but which is not strong or unpleasant. Amber Color / Rich
Taste maple syrup shall be free of sugar crystals and shall not be
damaged in any way;
c.
"Dark Color / Robust Taste" means pure maple syrup which is free of
any material other than pure, clear, clean liquid maple syrup in
sanitary condition; which has a color no darker than the United
States Department of Agriculture visual standard Dark Color, or has a
color for light transmittance between the range of 49.9% Tc to 25%
Tc; it may have a flavor which is stronger than that of Amber Color /
Rich Taste, but which is not sharp, bitter, buddy or off-flavor r.
Dark Color / Robust Taste shall be free of sugar crystals and shall
not be damaged in any way;
d. "Very Dark Color / Strong Taste"
means pure maple syrup which is free of any material other than pure,
clean, clear liquid maple syrup in sanitary condition; which has a
color for light transmittance less than 25% Tc. (The United States
Department of Agriculture does not have an approved visual glass
comparetor which compares to the light transmittance of this grade.
Very Dark Color / Strong Taste may have a flavor stronger than Dark
Color / Robust Taste, but shall not be damaged in any way and shall
be free of sugar crystals;
2.
"Processing Grade" means pure maple syrup with objectionable odors or
flavors and cannot be graded as grade A. Processing Grade shall not
be placed in packaged maple syrup containers and may not be sold,
offered for sale, or exposed for sale as packaged maple
syrup.
3. Grade A maple
syrup must include a batch code on all retail containers.
4. Exceptions: A transition period
for using existing grade labeling will extend until January 1, 2015.
In addition, producers producing and selling their syrup within the
state of Vermont may use the existing grade terminology in addition
to the new grades until January 1, 2017. After January 1, 2017, only
the appropriate grade designations set forth in these regulations
shall be used.
5. All
maple syrup containers shall have the accurate grade clearly and
conspicuously marked upon their principal display panel or other
portion of the container most likely to be seen when the container is
in its normal display position. Such markings must be in accordance
with the requirements of the Act, these regulations, and other
applicable state and federal labeling requirements. Only one grade
designation may be used on any container. The maple syrup within the
container must comply with the minimum standards set by these
regulations for that grade. It shall be unlawful for any person to
label maple syrup with an inaccurate grade.
6. All words and letters of the
grade designation used shall be of equal size and
prominence.
7. The word
"Vermont" (or the abbreviation "Vt.") shall appear in conjunction
with the grade on any maple syrup container when the maple syrup
therein is 100 percent pure maple syrup which is entirely produced
within the State of Vermont. The use of marketing descriptors, such
as Vermont Fancy, and other descriptors is allowed. In addition,
where the maple syrup within the container was not produced in
Vermont the name of the place of origin (that is the state, province,
or country) may also be used in conjunction with grade
designations.
8. Density
Requirements:
a. All grades of
packaged maple syrup shall have a minimum density matching its
temperature, as indicated on the following chart, which is equivalent
to 36 degrees Baume Modulus 145 or 66.9 degrees Brix at 60 degrees
Fahrenheit on instruments calibrated at 60 degrees Fahrenheit or
other equivalent measurement of density, as determined by the
Secretary of Agriculture.
|
VT Minimum Density Hydrometer Degrees Baume, Modulus 145 |
Vt. Minimum Density Degrees Brix |
Temperature at 500 feet elev.* |
|
Approx. 32.0 $(degrees$) |
Approx. 59.0 $(degrees$) |
at 211 $(degrees$) F.* |
|
Approx. 32.8 $(degrees$) |
Approx. 60.6 $(degrees$) |
at 188 $(degrees$) F |
|
Approx. 35.0 $(degrees$) |
Approx. 64.9 $(degrees$) |
at 100 $(degrees$) F |
|
Approx. 35.25 $(degrees$) |
Approx. 65.4 $(degrees$) |
at 90 $(degrees$) F |
|
Approx. 35.5 $(degrees$) |
Approx. 65.9 $(degrees$) |
at 80 $(degrees$) F |
|
Approx. 35.75 $(degrees$) |
Approx. 66.4 $(degrees$) |
at 70 $(degrees$) F |
|
Approx. 36.0 $(degrees$) |
Approx. 66.9 $(degrees$) |
at 60 $(degrees$) F |
|
Approx. 36.25 $(degrees$) |
Approx. 67.4 $(degrees$) |
at 50 $(degrees$) F |
b. Packaged maple syrup shall have
the equivalent of a maximum density of not more than 37 degrees Baume
or 68.9 degrees Brix at 60 degrees Fahrenheit.
c. When the proper density for a
special temperature reading is needed, the C. H. Jones rule shall be
used, i.e. .0265 degrees Baume change in density per each degree
change in temperature, or one whole degree change in density per 38
degrees Fahrenheit, or approximately one-fourth of one degree Baume
hydrometer change per 10 degrees Fahrenheit change of
temperature.
d. It shall
be unlawful to place maple syrup in package sized containers if it
does not comply with the density standards of these regulations.
Furthermore, it shall be unlawful to sell, exchange, offer for sale,
or expose for sale packaged maple syrup which does not meet the
density requirements of the regulations.
e. The density of bulk maple syrup
may range from the equivalent of 35.5 degrees Baume (65.9 degrees
Brix) to 37 degrees Baume (68.9 degrees Brix) when the syrup
temperature is 60 degrees Fahrenheit. When the density of bulk maple
syrup does not fall within this range the container shall be
conspicuously marked "Notice - The syrup contained herein fails to
meet state density standards. The density is ____ degrees Baume at 60
degrees Fahrenheit." The accurate density for the syrup within the
bulk container shall be stated.
f. Bulk maple syrup sold directly
to consumers, restaurants or any other market where the syrup is not
further processed before purchase by the consumer shall meet the same
density standards as packaged maple syrup.
Section IV Hydrometers
1) Maple
Syrup Hydrometers
a. It shall be
unlawful to sell or offer for sale a maple syrup hydrometer unless it
has been tested and approved by the Secretary.
b. All maple syrup hydrometers
which are approved by the Secretary shall have the temperature at
which the instrument has been calibrated stamped or printed on the
scale chart within the hydrometer stem.
c. All maple syrup hydrometers
shall be tested by floating in a liquid and compared to a master
hydrometer which has been approved by the National Bureau of
Standards. No maple syrup hydrometer shall be approved by the
Secretary which floats more than 1/10 degree above or more than 2/10
degree below the correct floating level at the surface of the liquid,
No Brix syrup hydrometer shall be approved which floats more than
2/10 degree above or 4/10 degree below the correct floating level at
the surface of the liquid.
d. All Baume hydrometers approved
by the Secretary shall be calibrated in units of 1/2 degree or less;
Brix hydrometers shall be calibrated in units of one degree or
less.
e. Calibration
marks must be spaced along the hydrometer stem so that each Baume
degree will have .26 inch or more of linear space. Each degree of
Brix shall have .13 inches or more of linear space.
2) Maple Sap Hydrometers
a. All maple sap hydrometers which
are approved by the Secretary shall have the temperature at which the
instrument was calibrated stamped or printed on the scale chart
within the hydrometer stem;
b. All maple sap hydrometers shall
be calibrated in units of 1/10 degree Brix or less;
c. All maple sap hydrometers
approved by the Secretary shall be tested by floating in liquid and
comparing with a master hydrometer which has been approved by the
National Bureau of Standards. All maple sap hydrometers approved must
meet accuracy standards determined by the Secretary to be reasonable
for measuring the sugar content of sap.
Section V Labeling
1) No person shall label any maple
syrup, maple product, maple flavored product, or artificial maple
flavored product in any manner which is untruthful, unfair, or
deceptive.
a. All labels shall
comply with other applicable federal and state statutes and
regulations relating to labeling and consumer fraud, such as CP
120.
b. No maple syrup
may be labeled as being a Vermont product, or labeled in any manner
which would imply that the maple syrup was produced in Vermont,
unless the maple syrup is 100 percent pure maple syrup which was
entirely produced within the state of Vermont in compliance with the
terms of the Act and these regulations. When the packer's name or, a
maple syrup trade mark, contains the word "Vermont", the name or
trade mark, may be used on the principal display panel of maple syrup
produced outside Vermont if the principal display panel also clearly
and conspicuously includes the state of origin of the maple syrup or
the country of origin if the country of origin is other than the
United States of America.
c. No maple product may be labeled
as being a Vermont product, or labeled in any manner which would
imply that the maple product was produced in Vermont, unless the
maple product is a 100 percent pure maple product which was entirely
produced within the state of Vermont in compliance with the terms of
the Act and these regulations. When the packer's name or, a maple
product trade mark, contains the word "Vermont", the name or trade
mark, may be used on the principal display panel of the maple product
produced outside Vermont if the principal display panel also clearly
and conspicuously includes the state of origin of the maple product
or the country of origin if the country of origin is other than the
United States of America.
d. All maple flavored products
shall be clearly labeled on their principal display panel or panels
in a manner which will alert the purchaser to the fact that the
product is not a 100 percent pure maple product, in accordance with
the Act and other applicable statutes and regulations, such as CP
120.
e. Artificial maple
flavored products shall be clearly and conspicuously labeled on their
principal display panel or panels with the term "artificial flavor"
shall be of a size equal to, or larger than, other words used to
describe the product. It is unlawful to use the terms "maple syrup"
or "maple sugar," however modified, to describe an artificially
flavored product. Any restaurant menu listing such a product, or any
advertising of such a product shall clearly state that the product is
artificially flavored.
2) The labeling requirements of
Paragraph 490 (a) of Title 6 V.S.A. Chapter 32. shall not apply to
bulk maple syrup containers used solely for transportation or storage
of maple syrup prior to being processed or packaged for consumer
sales or prior to being manufactured into another maple product.
However, all maple syrup in bulk containers sold directly to
consumers, restaurants or any other markets where the syrup is not
further processed before purchase by the consumer shall be labeled
with the same information required on packaged maple syrup.
3) It is recommended that persons
wishing to determine whether their maple products labels comply with
the terms of the Act and these regulations submit a copy of such
labels to the Agency prior to their printing and use. If the label
complies with the terms of the Act and these regulations, the Agency
will certify its compliance with the provisions of the Act.
4) Persons with existing supplies
of labels, or preprinted containers, which do not comply with these
regulations, may apply to the Secretary for a temporary exemption
from these regulations as to those labels, or containers. The
Secretary shall have the discretion to permit such persons to use up
existing supplies of labels or preprinted containers, where he
determines that those labels, or printed containers, will not be
misleading to the consumer and where he determines that such an
exemption is in the public's interest, any such exemption shall be
for a specified period of time only; thereafter, persons who obtained
such an exemption shall use only labels, or printed containers which
comply with these regulations.
Section VI Containers
1) All packaged maple syrup
containers shall have tamper proof seals which have been approved by
the Secretary placed over the container openings except:
a. Where the Secretary has deemed
that it is impractical to use tamper proof seals on a particular
container, or
b. Where
the package has been opened for inspection by the Secretary or his
inspectors.
2)
All maple syrup containers shall be clean, sanitary and free from
rust and shall not contain or be constructed of any substance which
could tend to damage the color or flavor of the maple
syrup.
3) The cap or
other closing mechanism of any maple syrup package must be so
tightened as to render the contents air tight.
4) Packaged maple syrup packed in
or found to be in bulged, rusty, unsealed, unsanitary, seriously
damaged containers, or containers which are not permanently airtight
shall be unlawful and will be subject to embargo, or other remedies
provided for by the law.
5) Maple syrup containers
determined by the Secretary to cause damage to maple syrup shall be
removed from sale. The use of such containers for packaging maple
syrup is prohibited.
6)
All bulk maple syrup containers shall be steam cleaned or sterilized
with hot water prior to being filled with maple syrup. Such
containers shall be free of water at the time they are filled with
maple syrup.
Section VII Advertising
No person shall advertise any maple syrup, maple product, maple flavored product, or artificial maple flavored product in any manner which is untruthful, unfair, or deceptive.
Section VIII Repealer
All Vermont Agency of Agriculture, Food & Markets regulations dealing with maple syrup and maple products which existed prior to the effective date of these regulations are hereby repealed. 6 V.S.A. Chapter 32
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