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[Federal Register Volume 80, Number 19 (Thursday, January 29, 2015)]
[Notices]
[Pages 4853-4855]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-01618]

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Notices
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains documents other than rules 
or proposed rules that are applicable to the public. Notices of hearings 
and investigations, committee meetings, agency decisions and rulings, 
delegations of authority, filing of petitions and applications and agency 
statements of organization and functions are examples of documents 
appearing in this section.

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Federal Register / Vol. 80, No. 19 / Thursday, January 29, 2015 / 
Notices

[[Page 4853]]

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

[Document Number: AMS-FV-14-0040; FV-15-326]

United States Standards for Grades of Maple Sirup (Syrup)

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final notice.

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SUMMARY: This notice revises the United States Standards for Grades of 
Maple Sirup (Syrup). The U.S. Department of Agriculture (USDA), 
Agricultural Marketing Service (AMS) is revising the standards to 
replace the current grade classification requirements with new color 
and flavor descriptors, and revise Grade A requirements to be free from 
damage. The USDA Color Standards for Maple Sirup will become obsolete, 
and color will be determined using a spectrophotometer, or any method 
that provides equivalent results. AMS has also changed the spelling 
from ``sirup'' to ``syrup.'' These revisions will improve the marketing 
of maple syrup in the United States and internationally.

DATES: Effective Date: March 2, 2015.

FOR FURTHER INFORMATION CONTACT: Contact Richard E. Peterson, 
Agricultural Marketing Specialist, Specialty Crops Inspection Division, 
Fruit and Vegetable Program, Agricultural Marketing Service, U.S. 
Department of Agriculture, 1400 Independence Avenue SW., Room 1536, 
South Building; STOP 0240, Washington, DC 20250; telephone (202) 720-
5021; fax (202) 690-1527; or, email richard.peterson@ams.usda.gov. 
Copies of the revised U.S. Standards for Grades of Maple Syrup are 
available on the Internet at http://www.regulations.gov or http://www.ams.usda.gov/scihome.

SUPPLEMENTARY INFORMATION: Section 203(c) of the Agricultural Marketing 
Act of 1946 (Act) (7 U.S.C. 1621-1627), as amended, directs and 
authorizes the Secretary of Agriculture ``to develop and improve 
standards of quality, condition, quantity, grade and packaging, and 
recommend and demonstrate such standards in order to encourage 
uniformity and consistency in commercial practices.''
    AMS is committed to carrying out this authority in a manner that 
facilitates the marketing of agricultural commodities and makes copies 
of official standards available upon request. The U.S. Standards for 
Grades of Fruits and Vegetables not connected with Federal Marketing 
Orders or U.S. Import Requirements no longer appear in the Code of 
Federal Regulations, but are maintained by the USDA, AMS, Fruit and 
Vegetable Program, and are available on the Internet at http://www.ams.usda.gov/scihome.
    AMS has revised the voluntary U.S. Standards for Grades of Maple 
Sirup (Syrup) using the procedures that appear in part 36 of Title 7 of 
the Code of Federal Regulations (7 CFR part 36).

Background

    In September 2011, AMS received a petition from the International 
Maple Syrup Institute (IMSI) seeking to revise the U.S. Standards for 
Grades of Maple Sirup (Syrup). IMSI represents maple producers, state 
governments and associations, vendors, maple equipment manufacturers, 
organizations, and others in Canada and the United States. The 
petitioner stated that the patchwork of grading systems in the United 
States is confusing to consumers and fails to define the grades of 
maple syrup in meaningful terms. The petitioner's overall goal was to 
foster development of harmonized grade standards for maple syrup in the 
United States and Canada. AMS proposed revisions to the U.S. Standards 
for Grades of Maple Sirup (Syrup) based on the IMSI petition. 
Specifically, AMS proposed replacing the current grade classification 
requirements with new color and flavor descriptors, and revising Grade 
A requirements to be free from damage. The USDA Color Standards for 
Maple Sirup will become obsolete, and the color classes will be 
determined using a spectrophotometer, or by any method that provides 
equivalent results. AMS also proposed changing the spelling from 
``sirup'' to the more commonly used term ``syrup.''
    The U.S. Standards for Grades of Maple Sirup (Syrup) are voluntary 
standards issued under the authority of the Act, which provides for the 
development of official U.S. grades to designate different levels of 
quality. These grade standards are available for use by producers, 
suppliers, buyers, and consumers; and, serve as the basis for the 
Federal inspection and grading of commodities as provided under the 
Act. Like all standards for fresh and processed fruits, vegetables, and 
specialty crops, these standards are designed to facilitate marketing 
by providing a convenient basis for buying and selling maple syrup, and 
for identifying product value.
    This notice announces the revision to the second issuance of the 
U.S. Standards for Grades of Maple Sirup (Syrup), which became 
effective on January 14, 1980. The changes to the grade standards are 
as follows:
    Title. Change the spelling of ``sirup'' to the more common spelling 
``syrup.''
    Color. Under current U.S. standards, producers include a grade 
statement and color descriptor on maple syrup labels. Darker syrups 
with rich bold flavor are currently labeled as Grade B for Reprocessing 
and are not intended for retail sale. However, consumers are 
increasingly seeking the darkest color class of maple syrup for cooking 
and table use. The revision of the U.S. standards will categorize Grade 
B syrup that contains no damage or off flavors/odors as Grade A to 
allow the darker syrup to be packaged in retail size containers (less 
than 5 gallons). Specifically, the Grade A classification is revised to 
include four new color and flavor classes of maple syrup:
     U.S. Grade A Golden (delicate taste, >=75.0 percent light 
transmittance (%Tc))
     U.S. Grade A Amber (rich taste, 50.0-74.9%Tc)
     U.S. Grade A Dark (robust taste, 25.0-49.9%Tc)
     U.S. Grade A Very Dark (strong taste,  Is not more than 68.9 percent solids content by weight 
(Brix);
     Has good uniform color;
     Has good flavor and odor, and intensity of flavor (maple 
taste) normally associated with the color class;
     Is free from off flavors and odors considered as damage;
     Is free from cloudiness, turbidity, sediment, and is 
clean, and
     Contains no deviants.
    Off flavors/odors are defined as any specific and identifiable or 
unidentifiable flavor or smell defect not normally found in good 
quality maple syrup. Off flavors may be related to natural factors such 
as woody, buddy, or fermented flavors or due to production, handling, 
or storage, e.g., burnt, chemical, or fermentation.
    Processing Grade. The standards are being revised to remove ``U.S. 
Grade B for Reprocessing'' classification and includes a new 
``Processing Grade.'' This new grade of syrup:
     Is intended for use at commercial markets;
     Is not intended to be sold at retail markets;
     Does not meet the ``U.S. Grade A'' quality requirements;
     May be used in the manufacturing of other products;
     Must be packed in containers of 5-gallons or 20-liters or 
larger;
     May not be packaged in consumer-size containers for retail 
sales;
     May be any color class and any light transmittance;
     Must not be more than 68.9 percent solids content by 
weight (Brix);
     May have a very strong taste; and
     May contain off flavors and odors.
    The ``Processing Grade'' syrup also must be:
     Fairly free of damage, turbidity, or cloudiness, and
     Fairly clean.
    USDA grades for maple syrup are not mandatory, but producers, 
processors, and handlers/packers that label maple syrup as a particular 
U.S. grade are responsible for ensuring the accuracy of the grade 
statement indicated, and that the maple syrup meets the current Federal 
standards for that grade. The existing regulations governing the 
inspection and grading of processed fruits, vegetables, and 
miscellaneous products (7 CFR 52.53) provide for the appropriate use of 
approved identification marks. While most products must be officially 
inspected prior to use of an official USDA grade mark, maple syrup and 
honey may bear official USDA grade marks without official inspection 
(see 7 CFR 52.53(h)).
    AMS published a proposed notice in the Federal Register on May 7, 
2014 (79 FR 26200) with a 60-day public comment period.

Comments

    AMS received comments on the proposed changes to the maple syrup 
standards from 10 respondents. Seven favored the revision as proposed. 
One respondent, a maple producer and packer, favored the revision, with 
the exception of the product labeling. Two commenters opposed the 
revision. After the comment period ended, AMS contacted the petitioner, 
IMSI, for technical assistance. Comments and responses are as follows:
    Comment: The petitioner, IMSI, noted that they were very satisfied 
with the content of the proposed revision, and that the changes would 
harmonize United States and Canadian markets to the benefit of 
consumers and stakeholders. They also stated that their intent was to 
encourage maple syrup producers and packers to include all label 
provisions specified in the IMSI proposal, including the product color 
and taste descriptors. However, they also recognized the voluntary 
nature of USDA regulations.
    Comment: A national trade association, the North American Maple 
Syrup Council, several state associations, and stakeholders supported 
revising the classification of the current Grade B for Reprocessing 
(very dark and strongly flavored) syrup to Grade A (if free from damage 
and off-flavors/odors) to help meet the growing demand for this 
product. Commenters also noted that reclassifying the darkest color 
syrup to be sold at the retail level will also help small farming 
operations maintain profitability, while introducing new consumers to 
this product.
    Comment: Several trade associations and stakeholders urged the USDA 
to quickly enact the revisions to the standards.
    Comment: One stakeholder, a maple producer and packer, supported 
the change overall, but was concerned about the complexity and length 
of each grade name, and the limited space on each container's label.
    Response: AMS is not adding labeling requirements for these 
voluntary U.S. grade standards. Product labeling falls under the 
regulations of the Food and Drug Administration (FDA) (21 CFR part 
101), or state maple syrup regulations and requirements.
    Comment: One stakeholder noted that the current standard is 
adequate, and that AMS resources should be spent on actual food safety 
issues.
    Response: The issue of food safety is outside the scope of this 
revision to the U.S. grade standards. AMS is revising the standards 
based on a petition from IMSI. AMS reviewed the request and found that 
it had merit. AMS believes that the revision should improve the 
marketing of maple syrup in the United States and internationally.
    Comment: One commenter, a stakeholder from Maine asked several 
questions. AMS' responses are listed below:
    Question 1: Where are Maine and the other states in the amendment 
process?
    Response: You may contact the individual state departments of 
agriculture for the status of any amendments to state maple syrup grade 
regulations.
    Question 2: Will AMS amend commercial grade syrup from the current 
five-gallon container to one gallon to allow small producers to sell 
commercial grade syrup to small bakeries, restaurants, or other 
companies in the food industry?
    Response: There is no U.S. commercial grade for maple syrup. The 
revisions to the U.S. standards would categorize the former Grade B 
syrup (containing no damage or off flavors/odors) as Grade A to allow 
the darker syrup to be packaged in retail size containers (less than 5 
gallons). The revisions also include a new ``Processing Grade,'' a 
grade that does not meet the quality requirements for ``U.S. Grade A,'' 
and may contain off flavors. Processing grade maple syrup may be used 
in the manufacturing of other products, and must be packed in 
containers of 5 gallons or 20 liters or larger.
    Question 3: Will AMS include a variance to the color grade for when 
bottled syrup may darken over time so the vendor will not have to 
remove it from sale?
    Response: USDA grades for maple syrup are not mandatory, but 
producers, processors, and handlers/packers that label maple syrup as a 
particular U.S. grade are responsible for ensuring the accuracy of the 
grade statement indicated, and that the maple syrup meets the current 
Federal standards for that grade, which includes the correct color 
classification. Individual states also may impose this requirement. 
Contact your state representative for

[[Page 4855]]

more information on the implementation of state labeling regulations 
for maple syrup.
    Question 4: How will inspectors be trained and equipment 
calibrated, and what type of lighting will be used to grade the colors 
proposed in the revised standard?
    Response: AMS will train staff to grade the product under the 
revised grade standards. AMS values and relies on trained, educated 
employees to accomplish its mission. Quality training and development 
programs are designed to provide the most effective training possible. 
AMS training may be provided through classroom training, computer/web 
based training, distance learning, on-the job training, or combination 
of methods. With regard to calibration of equipment, the equipment will 
be calibrated and cross checked as appropriate, with detailed 
instructions from manufacturers taken into account. Approved lighting 
sources are used to make critical color evaluations and comparisons. 
USDA lighting sources are designed to provide uniform color and 
spectral quality.
    Question 5: Will this change result in more Canadian products on 
shelves and add financial benefits to the United States, or will it 
hurt jobs and sales?
    Response: This revision is intended to improve marketing of maple 
syrup in the United States and internationally. According to the 
petitioner, each maple-producing state intends to revise its standards 
to reflect Federal grade standards. Overall, the revised grade 
standards should have a positive effect on the maple syrup industry.
    Question 6: Will this change increase the amount of interstate 
maple syrup sales, and allow marketing of product from one region as if 
it were from another region?
    Response: As stated previously, these revisions will improve the 
marketing of maple syrup in the United States and internationally, (see 
question 5). However, these standards do not excuse failure to comply 
with provisions of applicable Federal or state laws including 
provisions to prevent misbranding.
    Question 7: Was there an economic study conducted that proves these 
changes are productive to U.S. consumers and producers?
    Response: The revised grade standards are based on a petition from 
IMSI. IMSI represents maple industry stakeholders including maple 
producers, state governments and associations, vendors, maple equipment 
manufacturers, organizations, and others in Canada and the United 
States. The purpose of the standards is to foster and assist in the 
development of new or expanded markets, and improve the marketing of 
maple syrup in the United States and internationally. As such, the 
revised grade standards should have a positive effect on the maple 
syrup industry.
    Question 8: Will this revision hurt or help existing branding such 
as Vermont Fancy, and can Maine producers use their own branding?
    Response: The U.S. Standards for Grades of Maple Sirup (Syrup) are 
voluntary grade standards. States do have the option to allow branding 
if they wish. The 2014 Vermont Maple Product Regulations allow for 
using current grade terminology such as ``Vermont Fancy'' until January 
1, 2017. Refer to the ``Maine Maple Regulations'' for that state's 
maple branding requirements.
    Question 9: U.S. maple production is too small to come up on the 
USDA radar.
    Response: We disagree. An example of this is reflected in the 2013 
National Agricultural Statistics Service (NASS) report. The report 
states: Nationally, maple syrup production in 2013 totaled 3.25 million 
gallons, up 70 percent from 2012. In 2012, prevailing high temperatures 
limited sap flow. The number of taps is estimated at 10.6 million, 8 
percent above the 2012 total of 9.77 million. Yield per tap is 
estimated to be 0.308 gallons, up 58 percent from the previous season's 
revised yield. All states showed an increase in production from the 
previous year.
    Question 10: Will revised USDA color standards (maple sirup color 
grading kits) be available?
    Response: The revised standards specify that ``color may be 
determined by spectrophotometer, or any method that provides equivalent 
results.'' The current USDA Color Standards for Maple Sirup permanent 
kit will no longer meet the revised requirements for color. There are 
no plans to revise the USDA maple sirup grading kit. Other entities are 
free to develop grading kits in the marketplace.
    Question 11: The upper brix limit for Grade A, now set at 68.9 
percent, should be set at 70 percent brix because small producers do 
not have the precision equipment to grade to 68.9 percent brix.
    Response: The upper limit in Grade A for brix of not more than 68.9 
percent can be determined using the same instrumentation that is 
currently being used to verify the minimum brix requirement of 66.0 
percent. In response to AMS' inquiry on how IMSI arrived at 68.9 
percent brix as the upper limit for Grade A, the petitioner responded 
that it was a consensus decision among maple syrup producers and packer 
stakeholders to require an upper limit, and that 68.9 percent brix is 
currently the upper limit for ``Brix Maple Regulations in Vermont and 
New Hampshire.'' IMSI added that there is no advantage to going to a 
higher limit and noted that going higher would result in a product that 
is uncharacteristically thick, and would significantly increase 
production costs.
    The official grade of a lot of maple syrup covered by these 
standards will be determined by the procedures set forth in the 
Regulations Governing Inspection and Certification of Processed 
Products, Thereof, and Certain Other Processed Food Products (7 CFR 
52.1 to 52.83).
    Accordingly, no changes to the standards were made as a result of 
comments received. However, AMS has made changes to the description of 
the processing grade for clarity.
    The revisions to this maple syrup grade standard in this notice 
provide a common language for trade and better reflect the current 
marketing of maple syrup. The changes are effective 30 days after the 
date of publication in the Federal Register.

    Authority: 7 U.S.C. 1621-1627.

    Dated: January 23, 2015.
Rex A. Barnes,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2015-01618 Filed 1-28-15; 8:45 am]
BILLING CODE 3410-02-P
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