Notice of Development of Rulemaking

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Food Safety
RULE NO: RULE TITLE
5K-4.027: Standard of Identity - Honey.
PURPOSE AND EFFECT: The purpose of this rule development is to establish a standard of identity for honey that is produced, packed, repacked, distributed and sold in Florida or from Florida. Development of this rule is meant to have the effect on controlling the pervasive, illegal practice of blending or diluting pure honey with low-cost syrups (i.e., sugar, cane, corn, etc.) thereby committing an economic fraud on both the permanent and transient residents of Florida. Preliminary guidelines have been drafted through a cooperative effort between the Department of Agriculture and Consumer Services and the Florida State Beekeepers Association to implement a needed standard of identity for honey. The rule substantially conforms to standards set forth in the “Codex Standard for Honey, 12-1981, Rev. 1(1981), Rev. 2 (2001).” This rule will have an effect on those establishments permitted by the Department of Agriculture and Consumer Services who produce local honey or sell honey from Interstate Commerce.
SUBJECT AREA TO BE ADDRESSED: This rule development will address the creation of a standard of identity for honey, comprehensive prohibitions against the deliberate addition of any food ingredient or food additives other than honey, will set maximum moisture content for honey, set parameters for sugar constituents in honey and establish honey labeling guidelines.
SPECIFIC AUTHORITY: 500.09, 570.07(23), 586.10 FS.
LAW IMPLEMENTED: 500.02, 500.03, 500.04, 500.09, 500.10, 500.11, 570.07, 570.50 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Paul M. Raynes, Senior Management Analyst II, Division of Food Safety, 3125 Conner Boulevard, Mail Stop C-18, Tallahassee, FL 32399-1650; Telephone: (850)245-5539

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

5K-4.027 Standard of Identity – Honey.

(1) This standard applies to all honey produced by honey bees from nectar and covers all styles of honey presentation that are processed and ultimately intended for direct consumption and to all honey packed, processed or intended for sale in bulk containers as honey, that may be repacked for retail sale or for sale or use as an ingredient in other foods.

(2) “Honey” means the natural food product resulting from the harvest of nectar by honeybees and the natural activities of the honeybees in processing nectar. It consists essentially of different sugars, predominantly fructose and glucose as well as other substances such as organic acids, enzymes and solid particles derived from honey collection. The color of honey can vary from nearly colorless to dark brown. The consistency can be fluid, viscous or partially to completely crystallized. The flavor and aroma vary, but are derived from the plant’s origin.

(3) Honey sold as such shall not have added to it any food additives, as defined in Section 500.03(1)(m), F.S., nor shall any other additions be made other than honey. It shall not have begun to ferment or effervesce and no pollen or constituent unique to honey may be removed except where unavoidable in the removal of foreign matter. Chemical or biochemical treatments shall not be used to influence honey crystallization.

(a) Moisture Content – No water may be added to honey in the course of extraction or packing for sale or resale as honey. Honey shall not have a moisture content exceeding 23%.

(b) Sugar Content.

1. The ratio of fructose to glucose shall be greater than 0.9.

2. Sucrose content shall not exceed 10%, except for lavender (Lavandula spp) and borage (Borago officinalis) varieties which sucrose content shall not exceed 15%.

3. Maltose content shall not exceed 10%.

4. Oligosaccharides indicative of invert syrup indicate the presence of an adulterant.

5. The absolute value of Carbon Stable Isotope Ratio Analysis (CSIRA) must be more negative than -20.0.

6. CSIRA Internal Standard Procedure with a protein value minus honey value more negative than -1.0 indicates the presence of an adulterant.

(4) Labeling – Name of the Food.

(a) Products conforming to this Standard shall be designated ‘honey’. Foods containing honey and any flavoring, spice or food additive or if honey is processed in such a way that a modification to honey occurs that materially changes the flavor, color, viscosity or other material characteristics of pure honey, then such foods shall be distinguished in the food name from honey by declaration of the food additive or modification.

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

(c) Where honey has been designated according to floral or plant source [as stated in paragraph (b)], then the common name or the botanical name of the floral source shall be in close proximity to the word “honey”.

(d) The subsidiary designations listed in paragraph (4)(e) may not be used unless the honey conforms to the appropriate description contained therein. The styles in subparagraphs (4)(f)2. & 3. shall be declared.

(e) Honey may be designated according to the method of removal from the comb.

1. Extracted Honey is honey obtained by centrifuging decapped broodless combs.

2. Pressed Honey is honey obtained by pressing broodless combs.

3. Drained Honey is honey obtained by draining decapped broodless combs.

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

1. Honey which is honey in liquid or crystalline state or a mixture of the two;

2. Comb Honey which is honey stored by bees in the cells of freshly built broodless combs and which is sold in sealed whole combs or sections of such combs;

3. Cut comb in honey, honey with comb or chunk honey which is honey containing one or more pieces of comb honey.

Specific Authority 500.09, 570.07(23), 586.10 FS. Law Implemented 500.02, 500.03, 500.04, 500.09, 500.10, 500.11, 570.07, 570.50 FS. History–New___________.