BILL NUMBER: SB 818 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Wolk
FEBRUARY 18, 2011
An act to amend Sections 112875, 112876, 112891, and 112895 of, to
amend and repeal Section 112877 of, and to add Sections 112876.5 and
112894 to, the Health and Safety Code, and to amend Section 1 of
Chapter 694 of the Statutes of 2008, relating to food.
LEGISLATIVE COUNSEL'S DIGEST
SB 818, as introduced, Wolk. Food labeling: olive oil.
Existing law requires the State Department of Public Health to
enforce various provisions of existing law regarding the manufacture,
blending, production, and sale of olive oil. Existing law makes the
violation of these provisions a crime. Existing law defines olive oil
to mean the edible oil obtained solely from the fruit of the olive
tree to the exclusion of oils obtained using solvents or
reesterification processes and of any mixture with oils derived of
other kinds except in the making of flavored olive oil. Existing law
also defines olive oil grades and provides that olive oil grades are
to be in a specified order.
This bill would revise the definitions of olive oil and grades of
olive oil and olive-pomace oil, as specified. It would require
lampante virgin olive oil and crude olive-pomace oil to be refined
before consumption. By changing the definition of a crime, this bill
would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 112875 of the Health and Safety Code is amended
to read:
112875. "Olive oil," as used in this chapter means the edible oil
obtained solely from the fruit of the olive tree ( olea
Olea europea L.) to the exclusion of oils
obtained using solvents or reesterification processes and of any
mixture with oils derived of other kinds except in
the making of flavored olive oil , as defined in Section 112878
.
SEC. 2. Section 112876 of the Health and Safety Code is amended to
read:
112876. Olive The hierarchy for virgin
olive oil grades shall be , from highest to lowest,
extra-virgin olive oil, virgin olive oil, and virgin olive oil not
fit for human consumption, sometimes known as lampante virgin olive
oil, which shall be the lowest level of quality among the virgin
olive oils. In terms of hierarchy, olive oil and refined olive oil
shall fall below the virgin olive oil category. Olive oil grades
shall be in the following order of quality
categories :
(a) Virgin olive oils.
(1) Extra virgin olive oil.
(2) Virgin olive oil.
(3) Ordinary virgin olive oil Virgin olive
oil not fit for human consumption without further processing,
sometimes known as lampante virgin olive oil .
(b) Olive oil.
(c) Refined olive oil.
(d) Olive-pomace oils.
(1) Olive-pomace oil.
(2) Refined olive-pomace oil.
(3) Crude olive-pomace oil.
SEC. 3. Section 112876.5 is added to the Health and Safety Code,
to read:
112876.5. The hierarchy for olive-pomace oil grades shall be,
from highest to lowest, olive-pomace oil, refined olive-pomace oil,
and crude olive-pomace oil, which is the lowest level of quality
among the olive-pomace oils. Olive-pomace oil grades shall be in the
following categories:
(a) Olive-pomace oil.
(b) Refined olive-pomace oil.
(c) Crude olive-pomace oil.
SEC. 4. Section 112877 of the Health and Safety Code, as amended
by Section 120 of Chapter 140 of the Statutes of 2009, is repealed.
112877. Olive oil grades are defined as follows:
(a) "Virgin olive oils" means those oils fit for consumption as
they are, obtained from the fruit of the olive tree solely by
mechanical or other physical means under conditions, particularly
thermal conditions, that do not lead to alterations in the oil, and
which have not undergone any treatment other than washing, decanting,
centrifuging, and filtration. Virgin olive oils fit for consumption
as they are include:
(1) "Extra virgin olive oil" means virgin olive oil which has a
free acidity, expressed as oleic acid, of not more than 0.8 grams per
100 grams oil, has a peroxide value of not more than 20
milliequivalent peroxide oxygen per kilogram oil and meets the
sensory standards of extra virgin olive oil as determined by a taste
panel certified by the International Olive Council, or, if the
International Olive Council ceases to certify taste panels, meets the
sensory standards of a taste panel that is operated by the
University of California or California State University according to
guidelines adopted by the International Olive Council as of 2007.
(2) "Virgin olive oil" means virgin olive oil which has a free
acidity, expressed as oleic acid, of not more than 2 grams per 100
grams oil and has a peroxide value of not more than 20
milliequivalent peroxide oxygen per kilogram oil.
(3) "Ordinary virgin olive oil" means virgin olive oil which has a
free acidity, expressed as oleic acid, of not more than 3.3 grams
per 100 grams oil and has a peroxide value of not more than 20
milliequivalent peroxide oxygen per kilogram oil.
(b) "Olive oil" is the oil consisting of a blend of refined olive
oil and virgin olive oils fit for consumption as they are as defined
in this section. It has a free acidity, expressed as oleic acid, of
not more than 1 gram per 100 grams oil.
(c) "Refined olive oil" means the olive oil obtained from virgin
olive oils by refining methods which do not lead to alterations in
the initial glyceridic structure. It has a free acidity, expressed as
oleic acid, of not more than 0.3 grams per 100 grams oil.
(d) "Olive-pomace oils" means oils obtained by treating olive
pomace with solvents or other physical treatments, to the exclusion
of oils obtained by reesterification processes and of any mixture
with oils of other kinds. They shall be labeled and marketed with the
following designations and definitions:
(1) "Olive-pomace oil" is the oil comprising the blend of refined
olive-pomace oil and virgin olive oils fit for consumption as they
are. It has a free acidity, expressed as oleic acid, of not more than
1 gram per 100 grams oil. In no case shall this blend be called or
labeled "olive oil."
(2) "Refined olive-pomace oil" is the oil obtained from crude
olive-pomace oil by refining methods which do not lead to alterations
in the initial glyceridic structure. It has a free acidity,
expressed as oleic acid, of not more than 0.3 grams per 100 grams
oil.
(3) "Crude olive-pomace oil" means olive-pomace oil that is
intended for refining for use for human consumption or that is
intended for technical use.
SEC. 5. Section 112877 of the Health and Safety Code, as amended
by Section 121 of Chapter 140 of the Statutes of 2009, is amended to
read:
112877. Olive oil grades are defined as follows:
(a) "Virgin olive oils" means those the
oils fit for consumption as they are,
obtained from the fruit of the olive tree solely by mechanical or
other physical means under conditions, particularly
including thermal conditions, that do not lead to
alterations in the oil, and which that
have not undergone any treatment other than washing, decanting,
centrifuging, and filtration. Virgin olive oils fit for
consumption as they are without further processing
include:
(1) "Extra virgin olive oil" means virgin olive oil which
that has excellent flavor and odor
expressed as a median of defects equal to zero and a median of
fruitiness greater than zero, has a free acidity
fatty acid content , expressed as oleic acid, of
not more than 0.8 grams per 100 grams oil, has a peroxide value of
not more than 20 milliequivalent peroxide oxygen per kilogram oil and
would meet the sensory standards of extra virgin olive oil
as determined by a taste panel certified by the International Olive
Council, or, if the International Olive Council ceases to certify
taste panels, would meet the sensory standards of a taste panel that
is operated by the University of California or California State
University according to guidelines adopted by the International Olive
Council as of 2007 meets the additional requirements
for "United States Extra Virgin Olive Oil" outlined in the
United States Standards for Grades of Olive
Oil and Olive-Pomace Oil published in the Federal Register that take
effect on October 25, 2010 .
(2) "Virgin olive oil" means virgin olive oil which
that has a reasonably good flavor and odor
expressed as a median of defects between zero and 2.5 and a median of
fruitiness greater than zero, has a free acidity
fatty acid content , expressed as oleic acid, of
not more than 2 grams per 100 grams oil and ,
has a peroxide value of not more than 20 milliequivalent
peroxide oxygen per kilogram oil , and meets the additional
requirements for "United States Virgin Olive Oil" outlined
in the United States Standards for Grades of Olive Oil
and Olive-Pomace Oil published in the Federal Register that take
effect on October 25, 2010 .
(3) "Ordinary virgin olive oil" means virgin olive oil which has a
free acidity, expressed as oleic acid, of not more than 3.3 grams
per 100 grams oil and has a peroxide value of not more than 20
milliequivalent peroxide oxygen per kilogram oil.
(3) "Virgin olive oil not fit for human consumption without
further processing," sometimes known as "lampante virgin olive oil,"
is virgin olive oil which has poor flavor and odor expressed as a
median of defects between 2.5 and 6.0 or when the median of defects
is less than or equal to 2.5 and the median of fruitiness is zero,
has a free fatty acid content, expressed as oleic acid, of more than
2 grams per 100 grams, and meets the additional requirements of the
"United States Virgin Olive Oil Not Fit For Human Consumption Without
Further Processing" as outlined in the United States Standards for
Grades of Olive Oil and Olive-Pomace Oil published in the Federal
Register that take effect on October 25, 2010. This grade of olive
oil is intended for refining or for purposes other than food use.
(b) "Olive oil" is the oil consisting of a blend of refined olive
oil and virgin olive oils fit for consumption as they are as
defined in this section without further proc
essing . It has a free acidity
fatty acid content , expressed as oleic acid, of not more than
1 gram per 100 grams oil and meets the additional requirements
for "United States Olive Oil" described in the United States
Standards for Grades of Olive Oil and Olive-Pomace Oil published in
the Federal Register that take effect on October 25, 2010 .
(c) "Refined olive oil" means the olive oil obtained from virgin
olive oils by refining methods which that
do not lead to alterations in the initial glyceridic structure
(basic glycerin-fatty acid content) . It has a free
acidity fatty acid content , expressed
as oleic acid, of not more than 0.3 grams per 100 grams oil ,
and meets the additional requirements for "United States Refined
Olive Oil" described in the United States Standards for Grades of
Olive Oil and Olive-Pomace Oil published in the Federal Register that
take effect on October 25, 2010 .
(d) "Olive-pomace oils" oil" means
oils oil obtained by treating olive
pomace , which is the product that remains after the
mechanical extraction of olive oil, with solvents or other
physical treatments, to the exclusion of oils obtained by
reesterification synthetic processes and
of any a mixture with oils of other kinds.
They Olive-pomace oils shall be labeled
and marketed with the following designations and definitions:
(1) "Olive-pomace oil" is the oil comprising the blend of refined
olive-pomace oil and virgin olive oils fit for consumption
as they are without further processing . It has
a free acidity fatty acid content ,
expressed as oleic acid, of not more than 1 gram per 100 grams oil
, and meets the additional requirements for "United States
Olive-Pomace Oil" outlined in the United States Standards
for Grades of Olive Oil and Olive-Pomace Oil published in the Federal
Register that take effect on October 25, 2010 . In no
case shall this blend be called or labeled "olive oil."
(2) "Refined olive-pomace oil" is the oil obtained from crude
olive-pomace oil by refining methods which
that do not lead to alterations in the initial glyceridic
structure. It has a free acidity fatty acid
content , expressed as oleic acid, of not more than 0.3 grams
per 100 grams oil , and meets the additional requirements for
"United States Refined Olive-pomace Oil" outlined in the United
States Standards for Grades of Olive Oil and Olive-Pomace Oil
published in the Federal Register that take effect on October 25,
2010 .
(3) "Crude olive-pomace oil" means olive-pomace oil that is
intended for refining for use for human consumption or that is
intended for technical use and that meets the requirements for
"United States Crude Olive-Pomace Oil" outlined in the United States
Standards for Grades of Olive Oil and Olive-Pomace Oil published in
the Federal Register that take effect on October 25, 2010
.
SEC. 6. Section 112891 of the Health and Safety Code is amended to
read:
112891. Any olive oil and olive-pomace oil labeled for
sale shall be consistent with this chapter.
SEC. 7. Section 112894 is added to the Health and Safety Code, to
read:
112894. Virgin olive oil not fit for human consumption, sometimes
known as lampante virgin olive oil, shall be refined before
consumption.
SEC. 8. Section 112895 of the Health and Safety Code is amended to
read:
112895. (a) It is unlawful to manufacture, sell, offer for sale,
give away, or to possess imitation olive oil in California.
(b) This section does not prohibit the blending of olive oil with
other edible oils, if the blend is not labeled as olive oil or
imitation olive oil, is clearly labeled as a blended vegetable oil,
and if the contents and proportions of the blend are prominently
displayed on the container's label, or if the oil is a flavored olive
oil.
(c) Any olive oil produced, processed, sold, offered for sale,
given away, or possessed in California, that indicates on its label
"California Olive Oil," or uses words of similar import that indicate
that California is the source of the oil, shall be made of oil
derived solely from olives grown in California.
(d) Any olive oil produced, processed, sold, offered for sale,
given away, or possessed in California, that indicates on its label
that it is from an area that is one of the approved American
Viticultural Areas as set forth in Part 9 (commencing with Sec. 9.1)
of Title 27 of the Code of Federal Regulations shall be made of oil
75 percent of which is derived solely from olives grown in that
approved American Viticultural Area.
(e) Olive-pomace oil shall not be labeled as olive oil.
SEC. 9. Section 1 of Chapter 694 of the Statutes of 2008 is
amended to read:
Section 1. The Legislature hereby finds and declares all of the
following:
(a) Extra virgin olive oil has been shown by numerous scientific
studies to be associated with fighting cardiovascular disease and
providing other health benefits.
(b) California grows and processes more than 99 percent of the
extra virgin olive oil produced in the United States, and more than
90 percent of California olive oil meets the international standards
for top-grade "extra virgin" as established by the International
Olive Council.
(c) The quality of California olive oil is comparable to other
producers internationally.
(d) It is the intent of the Legislature that California's
definitions of olive oil be consistent with international
federal standards that have been revised to
reflect international standards .
SEC. 10. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.