LEGISLATIVE UP-DATE: THE "CREAM" OF THE CROP

BY
MARY FOGLE DOUGLASS, LEGISLATIVE COMMITTEE CHAIR

This past spring a large Michigan packer of gourmet foods, which handles maple cream in its food line, was cited for improper labeling of their maple cream. Essentially, they were told that the use of the word "cream" was misleading to the public because the product does not contain milk products. Maple "crème" was suggested as the appropriate alternative.

MMSA became involved when we were asked to provide some historical perspective to the use of the term "maple cream". We provided the food packer with documentation of the usage of the term "cream" over a long period of time and some generic industry maple cream containers.

In the meantime, I opened a dialogue with the Food Division of the Michigan Department of Agriculture (our licensing agency) in Lansing and asked for their informal interpretation of food labeling laws regarding this issue. Several months of waiting, discussing and negotiations followed.

What seemed like a simple question became, instead, a complicated discussion of both Michigan and Federal labeling law and how is should be applied to the maple cream product. The initial response from MDA was that following the FDA's stated guidelines, the MDA considered "maple cream" to be an inappropriate and misleading term for our product.

At that point, I called on the North American Maple Syrup Council (NAMSC) to gather nation-wide support for our argument that maple cream has a long history of use and indeed poses no threat or confusion to the buying public. Maple industry leaders, Extension Specialists, and Agriculture Department maple specialists from several eastern states were instrumental in providing contacts and information. It became clear that this was a Michigan problem, as other key maple states had either explicit language in their state laws outlining the complete line of maple products, or had clear working understandings with their regulatory agencies

A formal response was prepared for the MDA outlining our concern over the proposed changes in maple cream labeling and citing widespread usage of the term, both geographically and over long periods of time. We cited: 1) the use of the term over 100 years, including specific reference in USDA maple manuals, 2) the widespread use of "dairy" terms in non-dairy products, including peanut and apple butter, Cream of Wheat, etc., 3) the fact that all industry generic containers say "maple cream", and 4) confusion with the term "crème" as a French spelling of "cream" (with obvious issues out East, near the U.S./Canadian border) and association of the English "crème" as a confection with added ingredients.

I am happy to report that our arguments were persuasive. On June 3, 1998, we received a response from Katherine Fedder, Director of the Food and Dairy Division of the MDA. The letter said, in part, "It is our position that since the term has a history of customary use and there is apparently no conflict or confusion in the marketplace with the use of this term, no regulatory action is necessary."

While this matter seems appropriately resolved, the important lesson for us to learn is that we can make a difference. MMSA was able to combine resources among our own members, and from our international counterparts, to enter into an informed, professional discussion with MDA and FDA regulators. We have good contacts and resources among our members and a committee from the MMSA Board that is specifically assigned the task of following legislation and regulatory changes that affect our industry. If you are aware of other concerns regarding laws or regulations affecting Michigan maple, please contact one of our Legislative Committee members: Mary Fogle Douglass, Earl Girard, and Marvin Besteman.