1. (1) Prohibition. No person may represent, directly or by implication in connection with the sale, offering for sale, or advertising or distributing for sale of any product, that the product is “Wisconsin certified honey” unless that product meets all of the following requirements:

   1. (a) It complies with the honey standard in s. ATCP 87.015.
   2. (b) It was collected from honey bee hives in this state.

   3. (c) Its producer holds a valid approval under sub. (2).

      Note: Violations of s. ATCP 87.017 are subject to the penalties in s. 97.72, Stats., and the injunctive or other remedies provided in s. 100.187 (2) (b), Stats.

2. (2) Biennial approval. A person who produces honey in this state may apply to the department for a biennial approval authorizing any person to sell, offer, advertise or distribute that honey as “Wisconsin certified honey.” Approval expires on December 31 in odd-numbered years.

   Note: An approval under sub. (2) authorizes the honey producer (and the producer’s distributors) to sell honey as “Wisconsin certified honey.” However, it does not constitute a warranty from the department to any buyer that the honey complies with sub. (1).

3. (3) Application for biennial approval. A person shall submit an application for a biennial approval, under sub. (2), on a form provided by the department. The application shall include all of the following:

   1. (a) A statement by the applicant certifying that all honey that the applicant proposes to sell, offer, advertise, or distribute as “Wisconsin certified honey” will meet all of the following requirements:

      1. 1. It will be collected from honey bee hives in this state.
      2. 2. It will comply with the honey standard in s. ATCP 87.015.
   2. (b) A summary of laboratory test results and the methods used to obtain those results that supports the requirement under par. (a) 2. The summary shall include test results for moisture, fructose and glucose content, sucrose content and internal stable carbon isotope ratio analysis. The laboratory testing shall be performed at a commercial laboratory not affiliated with the applicant on a representative sample of honey using methods established by AOAC International or other methods approved by the department.

   3. (c) A payment of $50.

      Note: A person may obtain an application form by calling (608) 224-4720, by visiting the department website at http://www.datcp.wi.gov, or by writing to the following address:

      Wisconsin Department of Agriculture, Trade and Consumer Protection, Food Safety Division, Attn: honey certification, P.O. Box 8911, Madison, WI 53708-8911

      The “Official Methods of Analysis of AOAC International”, 18_th Edition (2005), current through Revision 1, 2006, is on file with the department and the legislative reference bureau. Copies are available from AOAC International at 481 North Frederick Avenue, Suite 500, Gaithersburg, MD 20877-2417.

4. (4) Action on application. The department shall grant or deny an application under sub. (3), in writing, within 30 days after the department receives a complete application. If the department denies an application, the department shall specify the reasons for the denial.

History

History: CR 11-038: cr. Register January 2012 No. 673, eff. 2-1-12; correction in numbering of (4) under s. 13.92 (4) (b) 7., Stats, Register January 2012 No. 673.