Chapter 901:3-46 Exempt Maple Syrup and Sorghum Processors and Beekeepers: Standards and Rules

901:3-46-01 Definitions.

As used in rules 901:3-46-02 to 901:3-46-09 of the Administrative Code:

(A) "Department" means the Ohio department of agriculture.

(B) "Director" means the director of the Ohio department of agriculture.

(C) "Food grade material" means a material that when in contact with food will remain safe, durable, free of rust, non-absorbent; and, will not allow the migration of deleterious substances, impart color, odor, or taste to food under normal use.

(D) "Honey" means the nectar and saccharine exudation of plants that has been gathered, modified, and stored in a honeycomb by honey bees.

(E) "Maple syrup" means the unadulterated liquid food derived by concentration and heat treatment of pure maple sap or by reconstituting maple sugar or maple concrete with water to a density of not less than sixty-six degrees on the brix scale at sixty-eight degrees Fahrenheit.

(F) "Seal of conformity and inspection" means the Ohio department of agriculture certification logo illustrated in paragraph (D) of rule 901:3-46-04 of the Administrative Code.

(G) "Sorghum" means the unadulterated liquid food derived by concentration and heat treatment of the juice of pure sorghum cane.

Cite as Ohio Admin. Code 901:3-46-01

Effective: 9/2/2017
Five Year Review (FYR) Dates: 6/16/2017 and 09/02/2022
Promulgated Under: 119.03
Statutory Authority: 3715.024
Rule Amplifies: 3715.024 , 3715.59
Prior Effective Dates: 2/15/2004

901:3-46-02 Voluntary sanitation and inspection standards for exempt honey, maple syrup, and sorghum producers.

A maple syrup processor, sorghum processor, and beekeeper exempt from mandatory inspection under division (A) of section 3715.021 of the Revised Code may voluntarily request that the department conduct an inspection of the processor's or beekeeper's processing facilities.

Cite as Ohio Admin. Code 901:3-46-02

Effective: 9/2/2017
Five Year Review (FYR) Dates: 6/16/2017 and 09/02/2022
Promulgated Under: 119.03
Statutory Authority: 3715.024
Rule Amplifies: 3715.024 , 3715.59
Prior Effective Dates: 2/15/2004

901:3-46-03 Registration.

A maple syrup processor, sorghum processor, and beekeeper exempt from mandatory inspection under division (A) of section 3715.021 of the Revised Code who requests voluntary inspection shall register with the department. This registration shall expire annually on May first and may be renewed.

Cite as Ohio Admin. Code 901:3-46-03

Effective: 9/2/2017
Five Year Review (FYR) Dates: 6/16/2017 and 09/02/2022
Promulgated Under: 119.03
Statutory Authority: 3715.024
Rule Amplifies: 3715.024 , 3715.59
Prior Effective Dates: 2/15/2004

901:3-46-04 ODA seal of conformity and inspection.

(A) Each maple syrup processor, sorghum processor, and beekeeper exempt from mandatory inspection under division (A) of section 3715.021 of the Revised Code that has registered for voluntary inspection shall be inspected annually by the department.

(B) Maple syrup processors, sorghum processors, or honey processors may place the ODA seal of conformity and inspection on the label of the product that they process if either:

(1) They are a food processing establishment pursuant to division (A) of section 3715.021 of the Revised Code which is not currently placed on notice by the department; or

(2) They are exempt under division (A) of section 3715.021 of the Revised Code and are in compliance with the rules of this chapter.

(C) The ODA seals of conformity and inspection logos shall only be used on labels and in advertising and promotion of maple syrup, honey, and sorghum products that are produced and processed in compliance with the provisions of this chapter by persons listed in paragraph (B) of this rule.

(D) The ODA seals of conformity and inspection logos are configured as follows:


                image: oh/admin/2017/901-3-46-04_ph_ff_a_ru_20170822_1616-1.jpg

(E) Prior to incorporating the ODA seals of conformity and inspection logos as a part of their label, each registered and approved maple syrup, sorghum, and honey processor shall submit a sample of their proposed label to the director for approval. A sticker meeting the configuration of the ODA seals of conformity and inspection logos in paragraph (D) of this rule may be used in lieu of incorporating an ODA seal of conformity and inspection as a part of a label.

(F) Maple syrup, sorghum, and honey products bearing the ODA seals of conformity and inspection logos on a package that has been produced by a person who is not in compliance with the provisions of this chapter, and has not registered or renewed their registration, shall be considered misbranded as per section 3715.60 of the Revised Code.

Cite as Ohio Admin. Code 901:3-46-04

Effective: 9/2/2017
Five Year Review (FYR) Dates: 6/16/2017 and 09/02/2022
Promulgated Under: 119.03
Statutory Authority: 3715.024
Rule Amplifies: 3715.024 , 3715.59
Prior Effective Dates: 2/15/2004

901:3-46-05 Collection equipment.

(A) Buckets, plastic transport tubing, reusable plastic bags, extractors, bottling tanks, and other similar equipment used for the collection of maple sap, sorghum juice, or honey shall be clean, constructed of food grade materials, and shall not be used for any other purpose . Any container that has contained a chemical or other hazardous material including lead or lead based paint, or has lead solder shall not be used.

(B) Prior to use, buckets, plastic transport tubing, reusable plastic bags, extractors, bottling tanks, and other similar equipment shall be thoroughly washed with potable water, sanitized with a chemical sanitizer used in accordance with the United States environmental protection agency approved manufacturer's label, and thoroughly rinsed with potable water.

(C) At the end of the collection season, buckets, reusable plastic bags, extractors, bottling tanks, and other similar equipment shall be thoroughly washed with potable water. After rinsing, buckets, bags, and other similar equipment shall be drained, air-dried, and stacked for storage.

Cite as Ohio Admin. Code 901:3-46-05

Effective: 9/2/2017
Five Year Review (FYR) Dates:6/16/2017 and 09/02/2022
Promulgated Under: 119.03
Statutory Authority: 3715.024
Rule Amplifies: 3715.024 , 3715.59
Prior Effective Dates: 2/15/2004

901:3-46-06 Packaging and fill.

(A) Except as specified in paragraph (B) of this rule, all packaging shall be:

(1) Made of food grade materials;

(2) Clean prior to filling and free of water at the time of filling;

(3) Free from rust on food-contact surfaces and not contain any substances or be constructed from any material which could damage either the color or flavor of the contents;

(4) Constructed with an air tight closing mechanism;

(5) Filled with not less than ninety per cent of their capacity.

(B) Canning containers designed for reuse shall be washed and sanitized prior to refilling. Closures shall not be reused.

Cite as Ohio Admin. Code 901:3-46-06

Effective: 9/2/2017
Five Year Review (FYR) Dates: 6/16/2017 and 09/02/2022
Promulgated Under: 119.03
Statutory Authority: 3715.024
Rule Amplifies: 3715.024 , 3715.59
Prior Effective Dates: 2/15/2004

901:3-46-07 Bulk containers.

Barrels, drums, and other similar bulk containers used to store or ship maple syrup, honey, or sorghum shall:

(A) Be made of food grade materials;

(B) Be in good condition and constructed to provide an easily cleanable surface;

(C) Be cleaned and sanitized prior to filling, and free of water at the time of filling; and

(D) Not be used if it has:

(1) Previously contained a chemical or other hazardous material including lead or lead based paint;

(2) A food-contact surface that is rusted; or

(3) Lead solder on the food-contact surface.

Cite as Ohio Admin. Code 901:3-46-07

Effective: 9/2/2017
Five Year Review (FYR) Dates: 6/16/2017 and 09/02/2022
Promulgated Under: 119.03
Statutory Authority: 3715.024
Rule Amplifies: 3715.024 , 3715.59
Prior Effective Dates: 2/15/2004

901:3-46-08 Production/processing areas.

(A) Perimeter walls and roofs shall effectively protect the premises of the production and processing areas from the weather and the entry of rodents, birds, insects, other vermin and animals,except those involved in the production of the product .

(B) Floors in the production and processing areas shall be constructed of concrete, wood, or well maintained gravel. A dirt floor shall not be used except in those areas where insects are maintained for the production of the product.

(C) Light bulbs shall be shielded, coated, or otherwise shatter-resistant when over processing and bottling equipment.

(D) Soap, disposable paper towels, and a method to adequately wash hands shall be provided and used.

(E) All food-contact equipment, including hoses, shall be stored off the ground.

(F) Food-contact surfaces of equipment used for processing shall be maintained in good repair, be easily cleanable, and shall not contain any chemicals or other hazardous materials including lead, lead based paint, or lead solder.

(G) Food-contact surfaces shall be cleaned and sanitized prior to use and after any interruption during which food contact surfaces may have become contaminated.

(H) Non food-contact surfaces of equipment used in operation shall be cleaned as frequently as necessary to protect against the contamination of food.

(I) There shall be no storage or handling of gasoline, oil, pesticides, and other hazardous materials with food, food grade equipment, or in the area used to process food.

Cite as Ohio Admin. Code 901:3-46-08

Effective: 9/2/2017
Five Year Review (FYR) Dates: 6/16/2017 and 09/02/2022
Promulgated Under: 119.03
Statutory Authority: 3715.024
Rule Amplifies: 3715.024 , 3715.59
Prior Effective Dates: 2/15/2004

901:3-46-09 Water supply.

Water used for handwashing and the cleaning and sanitizing of food equipment and utensils shall be potable. A non-municipal water supply shall be sampled annually and a copy of the sample results shall be made available to the department for verification during inspection. Alternative water supplies, such as on an enclosed vehicular water tank, an on premises water storage tank, or the use of piping, tubing, or hoses composed of materials that meet national sanitation foundation standard 61 which can be found atwww.nsf.org or an equivalent standard connected to an adjacent approved water source, may be used.

Cite as Ohio Admin. Code 901:3-46-09

Effective: 9/2/2017
Five Year Review (FYR) Dates:6/16/2017 and 09/02/2022
Promulgated Under: 119.03
Statutory Authority: 3715.024
Rule Amplifies: 3715.024 , 3715.59
Prior Effective Dates: 2/15/2004