[Syrupmakers] Selling Syrup in Florida

[Richard Harrison]

Dear Syrupmaker,
     Yesterday (July 26, 2008)  the Southern Syrupmakers Association had a meeting at Dade City, FL. Among other events, Willard Smith of the Panhandle Pioneeer Settlement in Blountstown, FL demonstrated pouring babbitt for bearings in a cane mill.
     During the course of the meeting, the question was raised about the laws concerning making and selling syrup in Florida. About 3 or 4 years ago, the Florida Department of Agriculture began to enforce Food Safety Laws upon syrupmakers in the Panhandle of Florida. The enforcement would have resulted in shutting down most producers and requiring the rest to meet extensive(and expensive) regulations in order to sell syrup.
     This resulted in a group of syrupmakers meeting in Blountstown, FL to investigate what could be done about the situation. This meeting resulted in the formation of a group known then as the Tri-State Syrupmakers Association---later the name was changed to the Southern Syrupmakers Association.  While under the former group name, legislators were contacted concerning the issue of enforcing the Food Safety Law-- essentially killing the tradition of syrupmaking as we know it and informing the legislators that syrup was produced under very high heat conditions and resulted in a very safe product.  The legislators--1 of whom had some hands-on experience with maple syrup production-- noted our concerns and responded to the need and wrote a bill in early 2006 to exempt syrupmakers from having to be permitted under the Food Safety Law. The bill passed and was signed into law in June 2006 and is on the Statute books today.
     In the light of being asked about the exemption at the Dade City meeting and being told by a local produce stand that he had been recently approached by a State Inspector about selling locally-produced cane syrup[I think the syrup that he had for sale wasn't properly labeled], I decided to print a copy of the Food Safety Law exemption for everyone's information....In the State of Florida, sugarcane and sorghum syrup is exempt from having to be produced in a licensed facility. [As with ANY food product, it CAN be inspected at will by the Department of Agriculture for content] The following is copied (and pasted) directly from the 2008 Florida Statutes which can be accessed at www.myfloridahouse.com . Item #4 addresses the exemption for syrup :(I hope the highlighted areas show up)
 
500.12  Food permits; building permits.— 
(1)(a)  A food permit from the department is required of any person who operates a food establishment or retail food store, except: 
1.  Persons operating minor food outlets, including, but not limited to, video stores, that sell commercially prepackaged, nonpotentially hazardous candy, chewing gum, soda, or popcorn, provided the shelf space for those items does not exceed 12 linear feet and no other food is sold by the minor food outlet. 
2.  Persons subject to continuous, onsite federal or state inspection. 
3.  Persons selling only legumes in the shell, either parched, roasted, or boiled. 
4.  Persons selling sugar cane or sorghum syrup that has been boiled and bottled on a premise located within the state. Such bottles must contain a label listing the producer's name and street address, all added ingredients, the net weight or volume of product, and a statement that reads “This product has not been produced in a facility permitted by the Florida Department of Agriculture and Consumer Services.” 
 
    Note that the law does NOT address where syrup can be sold. Therefore, it should be legal to sell anywhere(at least in this state)---unless restricted by other regulations, of course.........one example might be a Farmer's Market that might have a rule restricting home canning or such from being sold at their particular market. In such a case, it is a Farmer's Market rule, not a State law.
    I hope this gives an explanation of the law exempting syrup in Florida and might encourage others to seek an exemption in their respective state. I would assure you that there are probably Food Safety Laws already on the books in most states that could shut down most syrupmaking operations---if enforced to the letter.
                                                          Regards,
                                                          Richard Harrison, vice president, SSA


      
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