What to do or what to do next?

[SDdave]

So a little background. First notice the state of origination. Next ask yourself "really maple syrup production?". Well this is how my search for regulations/laws pertaining maple syrup production for retail sales has gone. Let's just say it's been like speaking French at an English literacy school.

I have had several family and friends, (and now friends of friends) asking about me going "commercial". More realistically, a sugar house which I can give tours and sell syrup from within, the occasional farmer market, and an online local foods store. So this has answered my question of market demand.

Now I have to get the state involved. Here lies in the problem. We have cottage food laws. None of which pertain to maple syrup, which I have been informed from the dept. of health. The DOH personnel that I have talked to either do not want to spend the time on the subject or are totally stumped, as I usually get transfer after transfer to dropped call. The extension service wants to help but they honestly told me this is the first and don't know where to go. So where do I go from here? Try again with the DOH and extension? Go in person so I don't get lost on the phone system? Get a PO box number in a neighboring state and have a "ghost" site? I am open to any or all suggestions (except the illegal ha ha).

SDdave

[maple flats]

Talk to your agricultural department in your state. If they have nothing, just go by Federal regulations, they are not state specific.
In New York State it comes under NYS Ag and Markets, SD may have something similar.

[SDdave]

Dave thanks for the input. I actually just called the Ag dept. yesterday. Sadly though they could not help, but at least they were eager to help. I am going to try the DOH again on the next day off.

SDdave

[PerryW]

why ask for problems? just start making syrup and selling it. I have never registered or been inspected and I been making syrup here for 25 years. The beauty of Maple Syrup is that no one dies from it like they would from improper canning of vegetables or spoiled meat.

[happy thoughts]

I'd go back to the extension service and point them to the FDA's 2012 risk assessment paper for the FMSA (Food Modernization and Safety Act) at the following link. They should be well aware of the FMSA. It includes many of the low risk foods already incorporated into your cottage laws. The plan is for the FDA to declare maple syrup a low risk food that would not need to be federally registered by small producers.I can find more FDA links re this if you need them. Should they ask, federal law already on the books requires syrup to be a minimum of 66 brix. Grading by fed law is voluntary.

http://www.fda.gov/downloads/food/foodscienceresearch/ucm334110.pdf

Also ask how honey is handled for sale- some states combine honey and maple laws together. You could also ask about laws re home made candy. if all else fails you could probably make a case to sell candy or sugar. Maybe they can figure out a way to include your syrup as a cottage food or give you a waiver. You might also mention the new farm bill and the money potentially available to the state in the Acer Access and Development portion. The funds haven't been released yet to the best of my knowledge but the smell of green might still help :).

Good luck and keep us updated.

[happy thoughts]

Perry- your state has maple laws. To the best of my knowledge, registration is voluntary and no license or inspection is necessary. SD has nothing on the books as far as I could find re maple. They have cottage laws and maple would not be included as a cottage food because it is not a low acid product by definition (syrup pH is not < 4.6).

[DrTimPerkins]

Dave thanks for the input. I actually just called the Ag dept. yesterday. Sadly though they could not help, but at least they were eager to help. I am going to try the DOH again on the next day off.

If it is of any help, feel free to refer them to me if they have any questions. Email is best. Timothy.Perkins@uvm.edu In general, if regulations don't exist in your area it would default to the Federal Rules....which are in the process of changing (as part of the grade changes).

[DrTimPerkins]

You might also mention the new farm bill and the money potentially available to the state in the Acer Access and Development portion. The funds haven't been released yet to the best of my knowledge but the smell of green might still help

To help clear up any confusion about the Acer Access and Development Act.....the Act was included as part of the Farm Bill and authorized up to $20M per year for 5 yrs. However no funds were actually appropriated for the Act, so nothing green yet exists except in our imaginations. Better not to hold your breath waiting for piles of $ to drop on us from D.C.....although some funding might materialize down the road next time Congress passes an Agriculture Appropriations Bill (usually annually) and if it includes an appropriation for the AADA.

[Revi]

South Dakota is right next to Minnesota, which has maple producers. Can you do exactly what they do and label your product with the new grading system?
I'll bet that the South Dakota Ag people will adopt the same rules as their nearest maple producing neighbor.

[SDdave]

Thanks to everyone thus far, great insight and inspiration. I know a lot of people that have said to just make it and sell it, don't get me wrong that has crossed my mind. But, I am more leary on the side of caution on this topic. If I was roofing houses I would just do it, get a sales tax # and go. But when dealing with food, although an extremely safe food product, things get a little more sticky, or picky. I think I may be the pioneer for this state to establish some rules, and like Revi said regarding a neighboring state. I appreciate the help Dr. Tim I may have to use you as a reference.

I'll keep everyone posted and up to date as I can, as I can only work on this on my days off.

Thanks and until then,

SDdave

[PerryW]

maple syrup is pretty safe. I think over the years only 2 or three customers have died from my syrup. LOL


Thanks to everyone thus far, great insight and inspiration. I know a lot of people that have said to just make it and sell it, don't get me wrong that has crossed my mind. But, I am more leary on the side of caution on this topic. If I was roofing houses I would just do it, get a sales tax # and go. But when dealing with food, although an extremely safe food product, things get a little more sticky, or picky. I think I may be the pioneer for this state to establish some rules, and like Revi said regarding a neighboring state. I appreciate the help Dr. Tim I may have to use you as a reference.

I'll keep everyone posted and up to date as I can, as I can only work on this on my days off.

Thanks and until then,

SDdave