CHAPTER
Agr 900
STANDARDS FOR FARM PRODUCTS:
BRANDS, LABELS, GRADES
Statutory
Authority: RSA 426:1, 428:27, 434:16,
434:19; 434:59, III and 434:60
PART
Agr 901 APPLES - EXPIRED
Agr
901.01
Source. #4067, eff 6-5-86; ss by 4547, eff 12-16-88,
EXPIRED: 12-16-94
New. #6170, eff 1-24-96, EXPIRED: 1-24-04
Agr
901.02
Source. #4067, eff 6-5-86; ss by #4547, eff 12-16-88,
EXPIRED: 12-16-94
Agr
901.03 Grades.
Source. #4067, eff 6-5-86; ss by #4547, eff 12-16-88;
amd by #5705, eff 9-21-93, EXPIRED: 9-21-99
Agr 901.04 –
Agr 901.05
Source. #4067, eff 6-5-86; ss by #4547, eff 12-16-88,
EXPIRED: 12-16-94
Agr
901.06 Tolerances.
Source. #4067, eff 6-5-86; ss by #4547, eff 12-16-88;
amd by #5705, eff 9-21-93, EXPIRED: 9-21-99
Agr
901.07 - 901.10
Source. #4067, eff 6-5-86; ss by #4547, eff 12-16-88,
EXPIRED: 12-16-94
PART
Agr 902 - RESERVED
PART
Agr 903 HONEY - EXPIRED
Agr
903.01 - Agr 903.03
Source. #6977, eff 4-21-99, EXPIRED: 4-21-07
PART
Agr 904 MAPLE
SYRUP
Statutory Authority: RSA 426:1, RSA 429:25
Agr 904.01 Purpose. These
rules implement the procedures of the department of
agriculture, markets and food, pursuant to RSA 429:13-27, relative to
grading, labeling, packaging, and sale of maple products in New Hampshire.
Source. #1681, eff 1-1-81; ss by #2186, eff 12-10-82;
ss by #2656, eff 3-23-84, EXPIRED 3-23-90
New. #4956, eff 10-19-90; EXPIRED 10-19-96
New. #6453, eff 2-15-97, EXPIRED: 2-15-05
New.
#10744, eff 12-16-14; ss by #14225, eff 3-29-25
Agr 904.02 Applicability. These
rules shall apply to any person who produces, packages, or
distributes maple products for sale or distribution in the state.
Source. #1681, eff 1-1-81; ss by #2186, eff 12-10-82;
ss by #2656, eff 3-23-84, EXPIRED 3-23-90
New. #4956, eff 10-19-90; EXPIRED 10-19-96
New. #6453, eff 2-15-97, EXPIRED: 2-15-05
New. #10744, eff 12-16-14; ss by #14225, eff
3-29-25
Agr 904.03 Definitions. The
following words shall have the meanings indicated when used in this part:
(a) “Act”
means RSA 429:13-27;
(b) “Baume”
means a measurement that relates the density of a liquid to that of a
salt solution;
(c) “Brix”
means a measurement of the percent of soluble solids in a liquid;
(d) “Buddy”
means the unpleasant flavor characteristics of syrup or sugar made from sap
collected from maple trees as they come out
of dormancy, just prior to and during the onset of bud break. The term
includes “buddiness”;
(e) “Bulk
maple syrup” means “bulk maple syrup” as defined in
RSA 429:13, III, namely “maple syrup packed in containers of more than one
gallon”;
(f) “Clean” means that the syrup is practically
free from foreign material;
(g) “Color comparator” means any device that
compares an unknown color with that of a standard color sample for
comparison purposes or by the
use of a digital device which measures the percent of light transmission
through the syrup;
(h) “Color
standards” means the standards for maple syrup as set in Agr
904.05 based on a color comparator or spectrophotometer;
(i) “Commercial sugarmaker”
means “commercial sugarmaker” as defined in RSA
429:13, III-a, namely “a person who
collects or purchases maple sap for maple production and sale”;
(j) “Damage”
means any defect that affects the purity, safety, color, appearance, flavor,
aroma, edibility, or shipping quality of
the maple syrup or maple products, including the presence of fermentation, or
any buddy flavor, scorched flavor, bitter flavor, or other distasteful
foreign flavor, or disagreeable odor;
(k) “Delicate”
means mild maple taste;
(l) “Light transmission”
means the ability of maple syrup to transmit light as determined optically by
means of a color transmission spectrophotometer;
(m) “Maple packer” means “maple packer” as
defined in RSA 429:13, VII-b, namely “a person who purchases and packs or
further processes maple syrup for sale”;
(n) “Maple
products” means “maple products” as defined in RSA 429:13, VIII, namely “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.” Such products might be subjected to the use
of filter aids used for the sole purpose of assisting the removal of suspended
material or the use of defoaming agents intended for food processing;
(o) “Maple
syrup” means “maple syrup” as defined in RSA 429:13, XII, namely “syrup made
from pure maple sap and intended for human consumption or for
use in the manufacture of maple products ;
(p) “Packaged
maple syrup” means maple syrup packed in containers of one gallon or less;
(q) “Plainly
and conspicuously” means that the lettering used to cover information required
by the law on markings is large and
legible enough so as not to be obscured by other markings or
illustrations used;
(r) “Practically clear” means slight presence in
suspension of fine particles of mineral matter, such as malate of lime, niter, sugar sand, or other substances that detract from the clearness
of the syrup;
(s) “Practically free” means slight presence of foreign material such as bark,
soot, dust, or dirt;
(t) “Product code”
means any distinctive combination of letters, numbers, or symbols from which
the origin of the manufacture, processing, packing, holding, and distribution
of a batch or lot of syrup can be determined;
(u) “Pure
maple syrup” means maple syrup that might be produced with the use of filter
aids used for the sole purpose of assisting the removal of suspended material
or the use of defoaming agents intended for food processing;
(v) “Rich”
means a full-bodied maple taste of medium intensity;
(w) “Robust”
means stronger maple taste than the lighter colors; and
(x) “Strong” means a maple taste that is stronger
than robust.
Source. #1681, eff 1-1-81; ss by #2186, eff 12-10-82;
ss by #2656, eff 3-23-84, EXPIRED 3-23-90
New. #4956, eff 10-19-90; EXPIRED 10-19-96
New. #6453, eff 2-15-97, EXPIRED: 2-15-05
New.
#10744, eff 12-16-14; ss by #14225, eff 3-29-25
Agr 904.04 Density. Maple syrup shall have a density ranging from
36 to 37 degrees Baume or 66.9 to 68.9 degrees Brix at 60
degrees Fahrenheit.
Source. #2656, eff 3-23-84, EXPIRED 3-23-90
New. #4956, eff 10-19-90; EXPIRED 10-19-96
New. #6453, eff 2-15-97, EXPIRED: 2-15-05
New.
#10744, eff 12-16-14; ss by #14225, eff 3-29-25
Agr 904.05 Color Standards.
(a) Color
standards with the equivalent results to the following light transmittance
values (%Tc) on a spectrophotometer shall be as follows:
(1) “Golden” ≥75.0;
(2) “Amber” 50.0-74.9;
(3) “Dark” 25.0-49.9; and
(4) “Very Dark” <25.0.
(b) A
color comparator or digital color transmission spectrophotometer shall be used
for determining the color grade of maple syrup.
Source. #2656, eff 3-23-84, EXPIRED 3-23-90
New. #4956, eff 10-19-90; EXPIRED 10-19-96
New. #6453, eff 2-15-97, EXPIRED: 2-15-05
New. #10744, eff 12-16-14 (from Agr 904.04); ss by #14225, eff
3-29-25; (formerly Agr 904.04)
Agr 904.06 Maple Syrup Grades Established. Grades and characteristics for maple syrup
shall be as specified in (a) through (e):
(a) For
“Grade A Golden Color, Delicate Taste” the
following shall apply:
(1) The
syrup is clean and practically clear or better;
(2) The
color is
golden;
(3) The
syrup is
free from damage; and
(4) The
syrup might
have a delicate flavor;
(b) For
“Grade A Amber Color, Rich Taste” the
following shall apply:
(1) The
syrup is
clean and practically clear or better;
(2) The
color is
amber;
(3) The
syrup is
free from damage; and
(4) The
syrup might
have a rich flavor;
(c) For
“Grade A Dark, Robust Taste” the following shall apply:
(1) The
syrup is
clean and practically clear or better;
(2) The
color is
dark;
(3) The
syrup is
free from damage; and
(4) The
syrup might
have a robust flavor;
(d) For
“Grade A Very Dark, Strong Taste” the following
shall apply:
(1) The
syrup is
clean and practically clear or better;
(2) The
color is
very dark;
(3) The
syrup is
free from damage; and
(4) The
syrup might
have a strong flavor; and
(e) For
“Processing Grade” the following shall
apply:
(1) The
syrup is pure maple syrup that might have objectionable odors or flavors;
(2) The
syrup is
not graded as Grade A;
(3) The
syrup is
not placed in packaged maple syrup containers and is not to be sold, offered
for sale, or exposed for sale as packaged maple syrup; and
(4) The
syrup is
designated or labeled as “Processing Grade”.
Source. #1681, eff 1-1-81; ss by #2186, eff 12-10-82;
ss by #2656, eff 3-23-84, EXPIRED 3-23-90
New. #4956, eff 10-19-90; EXPIRED 10-19-96
New. #6453, eff 2-15-97, EXPIRED: 2-15-05
New. #10744, eff 12-16-14 (from Agr 904.05); ss by #14225, eff 3-29-25 (formerly Agr 904.05)
Agr 904.07 Tolerances for Established Grades. In order to allow for
variations incident to proper grading and handling, not more than 10 percent by count of the packaged maple syrup in any lot
shall have syrup below the requirements for the grade,
provided:
(a) There
shall be no damage;
(b) None
of the syrup shall be darker than the color standard than that which is required of the next darker
grade;
(c) None
of the syrup shall be lighter than the color
standard than that which is required of the next lighter grade; and
(d) None of
the syrup shall be outside
the range of density identified in Agr 904.04.
Source. #6453, eff 2-15-97, EXPIRED: 2-15-05
New. #10744, eff 12-16-14 (from Agr 904.06); ss by #14225, eff 3-29-25 (formerly Agr 904.06)
Agr 904.08 Labeling.
(a) Any
maple syrup, maple product, maple flavored product, or artificial maple
flavored product label shall comply with applicable federal and state statutes,
regulations, and rules, relating to labeling and
consumer fraud.
(b) Artificial
maple flavored products shall be clearly and conspicuously labeled on their
principal display panel or panels with
the term “artificial flavor” and meet the requirements of RSA 429:17.
(c) Artificial
maple flavored products shall be labeled as follows:
(1) The
letters or words “artificial flavor” shall be of a size equal to, or larger
than, other words used to describe the product;
(2) The
terms,
“maple syrup” or “maple sugar”, however modified, shall not be used to describe
an artificially-flavored product; and
(3) Any
restaurant menu listing such a product, or any advertising of such a product,
shall clearly state that the
product is artificially flavored, pursuant to RSA 429:17.
(d) Persons
wishing to determine whether the labels for maple products comply with the
terms of the law and these rules shall submit a copy of such labels to the
department of agriculture, markets, and food prior to their printing and use. If
the label complies with the terms of the law and these rules, the department
shall certify its compliance with the provisions of the law.
Source. #6453, eff 2-15-97, EXPIRED: 2-15-05
New. #10744, eff 12-16-14 (from Agr 904.07); ss by #14; ss by #14225, eff 3-29-25 (formerly
Agr 904.07)
Agr 904.09 Containers.
(a) All
sap collecting and storage
containers shall be of materials meant for food or potable water.
(b) All
containers of packaged maple syrup
shall:
(1) Be
hot packed at a temperature of 180-190 degrees F;
(2) Be
packed in
containers made from food grade material;
(3) Have
tamper
evident seals placed over the container openings, which means it would be
readily apparent if it was previously opened; and
(4) Include
a product code.
(c) All
maple syrup containers, caps, and closures shall:
(1) Be clean;
(2) Be sanitary;
(3) Be
free
from rust;
(4) Not
contain, or be constructed of, any substance which could tend to damage the
color, flavor, marketability,
purity, or safety of the maple syrup; and
(5) Be
stored,
prior to use, in a manner that prevents contamination.
(d) Maple
syrup shall not be packed in or found to be in
cracked, punctured, bulged, rusty, or unsanitary containers which
are unsealed or improperly sealed.
Source. #10744, eff 12-16-14 (from Agr 904.08); ss by #14225, eff 3-29-25 (formerly Agr 904.08)
Agr 904.10 Bulk Maple Syrup.
(a) 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 set forth in Agr 904.04.
(b) 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 be labeled with the same information
required by RSA 429:14.
(c) When
the density of bulk maple syrup does not fall within the range set forth in Agr 904.04, the container shall be clearly marked “Notice-
The syrup contained herein fails to meet state density
standards. The density is ____ points Baume at 60 degrees
Fahrenheit.” The accurate density for the syrup within the bulk
container shall be stated.
Source. #10744, eff 12-16-14; ss by #14225, eff
3-29-25 (formerly Agr 904.09)
Agr 904.11 Voluntary Registration.
(a) New Hampshire maple packers and commercial sugarmakers may register the name of the farm or business
with the New Hampshire department of agriculture, markets, and food. The
application for registration shall be completed and submitted on the “Maple
Producer-Voluntary Registration Form”, furnished by the commissioner, as
amended 3-25.
(b) Following receipt of a completed registration form,
the department shall provide each registrant with a “Voluntary Registration
Certificate” which may be displayed by the registrant or not at their option.
(c) The
registration shall be for a 6-year period.
Source. #14225, eff 3-29-25 (formerly Agr 904.10)
PART
Agr 905 EGGS -
EXPIRED
Source. #5981, eff 2-2-95, EXPIRED: 2-2-03
PART
Agr 906 - RESERVED
Source. #4260, eff 4-30-87; ss by #4754, eff 1-30-90;
amd by #5056, eff 1-25-91; amd by #5598, eff 3-22-93; ss by #6268, eff 6-25-96;
rpld and reserved by #7838, eff 2-27-03
PART
Agr 907 CIDER
- EXPIRED
Statutory
Authority: RSA 434:40-b, 434:40-d
Agr
907.01 - 907.10
Source. #6588, eff 9-26-97, EXPIRED: 9-26-05
PART
Agr 908 GRADING AND CERTIFICATION OR
STAMPING OF NATIVE LUMBER - EXPIRED
Source. #6171, eff 1-24-96, EXPIRED: 1-24-04
PART
Agr 909 - RESERVED
Source. #6431, eff 1-21-97; rpld
and reserved by #7838, eff 2-27-03
PART Agr 910
CERTIFICATION OF PROCESSORS AND HANDLERS OF ORGANIC PLANT, ANIMAL, FOOD
OR FIBER COMMODITIES - EXPIRED
Source. #7408, eff 11-21-00; rpld
and reserved by #7838, eff 2-27-03
New. #8038, eff 2-10-04, EXPIRED: 2-10-12
New. #10181, INTERIM, eff 9-11-12, EXPIRED:
3-11-13
New. #10285, eff 3-12-13
PART
Agr 911
CERTIFICATION OF ORGANICALLY PRODUCED PLANT, ANIMAL, FOOD OR FIBER
COMMODITIES - EXPIRED
Source. #7838, eff 2-27-03, EXPIRED: 3-27-11
New. #9988, INTERIM, eff 9-8-11, EXPIRED: 3-6-12
New. #10167, eff 8-3-12
APPENDIX
|
Rule |
|
|
|
|
|
Agr 904.01-Agr
904.07 |
RSA 429:13-16 |
|
Agr 904.08-Agr
904.09 |
RSA 429:14; RSA
429:16; RSA 429:17 |
|
Agr 904.10 |
RSA 429:14; RSA
429:15 |
|
Agr 904.11 |
RSA 429:13-a |