BILL NUMBER: SB 818	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 30, 2011

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
 , 112877.5,  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 amended, 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 europea L.)
to the exclusion of oils obtained using solvents or reesterification
processes and of any mixture with oils 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.  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 categories:
   (a) Virgin olive oils.
   (1) Extra virgin olive oil.
   (2) Virgin olive oil.
   (3) 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.
  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.
  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   are 
the oils obtained from the fruit of the olive tree solely by
mechanical or other physical means under conditions, including
thermal conditions, that do not lead to alterations in the oil, and
that have not undergone any treatment other than washing, decanting,
centrifuging, and filtration. Virgin olive oils without further
processing include:
   (1) "Extra virgin olive oil"  means   is
 virgin olive oil 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 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 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   is 
virgin olive oil 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 fatty acid
content, expressed as oleic acid, of not more than 2 grams per 100
grams oil, 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) "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 without further
processing. It has a free 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   is  the
olive oil obtained from virgin olive oils by refining methods that
do not lead to alterations in the initial glyceridic structure (basic
glycerin-fatty acid content). It has a free 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 oil"  means   is  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 synthetic
processes and a mixture with oils of other kinds. 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 without
further processing. It has a free 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.
   (2) "Refined olive-pomace oil" is the oil obtained from crude
olive-pomace oil by refining methods that do not lead to alterations
in the initial glyceridic structure. It has a free 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   is
 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. 5.5.    Section 112877.5 is added to the 
 Health and Safety Code   , to read:  
   112877.5.  (a) "Median of defects" means a calculation of the
median score from a panel of tasters that characterizes the negative
flavor and odor attributes of virgin olive oil, such as, but not
limited to, musty, fusty, winey-vinegary, muddy-sediment, and rancid.

   (b) "Median of fruitiness" means a calculation of the median score
from a panel of tasters that characterizes virgin olive oil produced
from olives, such as, but not limited to, olive, apple, green,
sweet, grass, nutty, and tomato. 
  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 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.