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What your state allows

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Federal rules say what a syrup must be. Your state says where you may make it and whether you may sell it, and in the maple states it also raises the density floor.

Cottage food is a real possibility here

Unlike an acidified sauce, a syrup is often on a state cottage food list, because its safety rests on sugar concentration rather than on a process somebody has to supervise. That is a genuine door and it is worth asking about specifically rather than assuming the answer from another craft.

The maple states add their own rules

States with a maple industry regulate it in detail: density, grade naming, what may be called maple, container marking and sometimes licensing. Vermont, for one, sets packaged syrup at a minimum of 66.9 degrees Brix at 60 °F, which is above the federal 66 percent floor. A producer working to the federal number in that state is below the state one.

Ask about the venue, not only the product

A farmers market, a retail shelf, a restaurant and mail order across a state line can sit differently even for the same bottle. Describe the whole plan, including the part you have not started, because the answer about making it does not settle the answer about selling it.

Record who told you what

Name, date, what you described and what they said. Staff change and guidance gets restated, and being able to point at a specific conversation is a different position from remembering that somebody said it was fine.

Nothing here is a determination

This property is written from federal regulation, one state regulation and published extension guidance. It is the starting point for that conversation rather than a substitute for it.

Ask in the quiet part of the year

For a seasonal syrup the whole conversation has to happen before the season, because during it there is no time and afterwards the product already exists. The same applies to anything with a queue attached: a license, an inspection, a label review. None of those move faster because the sap is running.

References

State of Vermont. Maple Products Regulations, Section III, which sets packaged maple syrup at a minimum of 66.9 degrees Brix at 60 °F and a maximum of 68.9, on instruments calibrated at 60 °F. law.cornell.edu
Michigan State University Extension. Cottage food law: which preserved products are covered. canr.msu.edu
21 CFR 168.140, Maple sirup: “contains not less than 66 percent by weight of soluble solids derived solely from such sap.” Code of Federal Regulations, Title 21. law.cornell.edu
Written from federal regulation, a state maple regulation and published extension guidance, not from a laboratory. The density figures quoted are standards of identity and grade, and your state may set its own above them. Anything here is a starting point for a conversation with your state department of agriculture, not a determination that you comply.