No. 33885 (New Rule): Rule R68-21. Standard of Identity for Honey

(New Rule)

DAR File No.: 33885
Filed: 08/03/2010 11:42:55 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to establish a standard of identity for honey that is produced, packed, repacked, distributed, and sold in Utah. Codification of this standard is meant to reduce economic fraud by controlling the pervasive, illegal practice of blending or diluting pure honey with low cost syrups such as sugar, cane, and corn.

Summary of the rule or change:

This rule establishes a standard that products labeled as a type of honey must meet. It also provides for the embargo of products misbranded as honey.

State statutory or constitutional authorization for this rule:

• Subsection 4-5-6(b)

Anticipated cost or savings to:

the state budget:

The infrequent investigations and sampling will be within the existing budget. This is expected to be less than $500 annually.

local governments:

This rule has no impact on local government. If fraud is suspected the Utah Department of Agriculture and Food (UDAF) will investigate and test samples, which will not involve local government.

small businesses:

This rule will have no cost impact on the majority of small honey businesses in Utah.

persons other than small businesses, businesses, or local governmental entities:

This is a monetary benefit to the honey consumers of Utah in that they will get the true product they pay for. The aggregate benefit is not possible to calculate.

Compliance costs for affected persons:

This rule is primarily a preventative protection. If compliance investigation suggests a honey commodity is in violation of the standard, some testing may be necessary. It is expected this will be rare, but some costs may be incurred to run these tests. For the business community, there will be no compliance cost impact for the majority of producers. For those few who are not in compliance, the cost will be the difference between the cost of pure honey and the substitute non-honey they now use.

Comments by the department head on the fiscal impact the rule may have on businesses:

There will be little, if any fiscal impact to business. This rule is necessary to protect the interests of the consumers to ensure they are getting the product they are buying. It will illuminate or reduce the opportunity for fraud or deceit to occur in the marketplace.

Leonard M. Blackham, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Agriculture and Food
Plant Industry
350 N REDWOOD RD
SALT LAKE CITY, UT 84116-3034

Direct questions regarding this rule to:

• Kyle Stephens at the above address, by phone at 801-538-7102, by FAX at 801-538-7126, or by Internet E-mail at [e-mail]
• Clair Allen at the above address, by phone at 801-538-7180, by FAX at 801-538-7189, or by Internet E-mail at [e-mail]
• Kathleen Mathews at the above address, by phone at 801-538-7103, by FAX at 801-538-7126, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

10/01/2010

This rule may become effective on:

10/08/2010

Authorized by:

Leonard Blackham, Commissioner

RULE TEXT

R68. Agriculture and Food, Plant Industry.

R68-21. Standard of Identity for Honey.

R68-21-1. Purpose.

The purpose of this rule is to establish a standard of identity for honey that is produced, packed, repacked, distributed and sold in Utah. Codification of this standard is meant to reduce economic fraud by controlling the pervasive, illegal practice of blending or diluting pure honey with low-cost syrups such as sugar, cane and corn.

 

R68-21-2. Authority.

This rule is promulgated under the authority of Titles 4-2-2-1(g), 4-5-8-5, 4-5-6-1b, and 4-5-16 of the UCU.

 

R68-21-3. Definitions.

(1) "Honey" means the natural sweet substance produced by honeybees from nectar of plants or from secretions of living parts of plants which the bees collect, transform by combining with specific substances of their own, then deposit, dehydrate, store, and leave in the honeycomb to ripen and mature.

(2) "Blossom Honey" or "Nectar Honey" means honey that comes from the nectar of plants.

(3) "Comb" or "Comb honey" means honey stored by bees in the cells of freshly built broodless combs and sold in sealed whole combs or sections of such combs.

 

R68-21-4. Standard of Identification for Honey.

(1) Honey shall meet the following standards:

(a) honey may not be heated or processed to such an extent that its essential composition is changed or its quality is impaired;

(b) chemical or biochemical treatments may not be used to influence honey crystallizations;

(c) honey may not contain more that 20 percent moisture content and for heather honey not more that 23 percent;

(d) honey may be not less that 60 percent fructose and glucose, combined; the ratio of fructose to glucose shall not be greater than 0.9;

(e) honey may not contain oligaosaccharides indicative of invert syrup;

(f) honey, except for honeycomb and cut comb style honey, may not contain more than 0.5g/1000g water insoluble solids.

 

R68-21-5. Standard of Identification for Blossom Honey.

(1) Blossom honey shall meet the standards for honey in R68-21-4;

(2) Blossom honey shall not contain more that 5 percent sucrose, except for the following:

(a) alfalfa (Medicago sativa), citrus spp, false acacia (Robinia pseudoacacia), French Honeysuckle (Hedysarum), Menzies banksias (Banksia menziesii), red gum (Eucalyptus camaldulensis), leatherwood (Eucalyptus lucida), and Eucryphia milligani may contain up to 10 percent sucrose.

(b) lavender (Lavandula spp) and borage (Borago officinalis) may contain up to 15 percent sucrose.

 

R68-21-6. Food Labeled as Honey.

(1) Food meeting the standards set forth in R68-21-4 and R68-21-5 shall be designated "honey".

(2) Food containing honey plus flavoring, spice or food additive shall be distinguished in the food name from honey by declaration of all of the added ingredients.

(3) Food containing honey which is processed in such a way that materially changes the flavor, color, viscosity or other material characteristics of the honey shall be distinguished in the food name from honey by declaration of the modification.

(4) Food containing honey may be designated according to floral or plant source if the honey comes predominately from that particular source and has the organoleptic, physicochemical and microscopic properties corresponding with that origin.

(a) Food designated according to the honey's floral source plant shall have the common name or the botanical name of the floral source in close proximity on the label to the word "honey".

(5) Honey may be designated according to the following styles:

(a) honey in liquid or crystalline state or a mixture of the two may be designated as "liquid" or "crystalline";

(b) honey meeting the definition of "comb" or "comb honey"; or

(c) honey containing one or more pieces of comb honey may be designated as "honey with comb" or "chunk honey".

 

R68-21-7. Misbranded Food.

Food labeled as a honey, but not meeting the standard of identification or a labeling requirement in Sections four through six of this rule shall be deemed to be misbranded.

 

R68-21-8. False Food Advertisement.

Food advertised as honey shall be considered falsely advertised if it does not meet the standard of identification or a labeling requirement in Sections four through six of this rule.

 

R68-21-9. Embargo and Destruction of Misbranded Food.

When an authorized agent of the department finds or has cause to believe a honey product is misbranded, the agent may follow the tagging, embargo and destruction procedures found in Title 4-5-5 UCA.

 

KEY: honey

Date of Enactment or Last Substantive Amendment: 2010

Authorizing, and Implemented or Interpreted Law: 4-2-2-1(g); 4-5-8-5; 4-5-6-1b; 4-5-16

 

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