SB 411, 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 requires any olive oil produced, processed, sold, offered for sale, given away, or possessed in this state, that indicates on its label that it is from an area that is one of the approved American Viticultural Areas under federal law, to be made of oil 75% of which is derived solely from olives grown in that approved American Viticultural Area. Existing law makes the violation of these provisions a crime.
This bill would require that olive oil be made of oilbegin insert at least 85% of which isend insert derived solely from olives grown in the American Viticultural Area that is indicated on the olive oil label. 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 112895 of the Health and Safety Code
2 is amended to read:
(a) It is unlawful to manufacture, sell, offer for sale,
4give away, or to possess imitation olive oil in California.
5(b) This section does not prohibit the blending of olive oil with
6other edible oils, if the blend is not labeled as olive oil or imitation
7olive oil, is clearly labeled as a blended vegetable oil, and if the
8contents and proportions of the blend are prominently displayed
9on the container’s label, or if the oil is a flavored olive oil.
10(c) Any olive oil produced, processed, sold, offered for sale,
11given away, or possessed in California, that indicates on its label
12“California Olive Oil,” or uses words of similar import that
indicate
13that California is the source of the oil, shall be made of oil derived
14solely from olives grown in California.
15(d) Any olive oil produced, processed, sold, offered for sale,
16given away, or possessed in California, that indicates on its label
17that it is from an area that is one of the approved American
18Viticultural Areas as set forth in Part 9 (commencing withbegin delete Sec.end delete
19begin insert Sectionend insert 9.1) of Title 27 of the Code of Federal Regulations shall
20be made of oilbegin insert at least 85 percent of which isend insert derived solely from
21olives grown in that approved American Viticultural Area.
22(e) Olive-pomace oil shall not be labeled as olive oil.
No reimbursement is required by this act pursuant to
24Section 6 of Article XIII B of the California Constitution because
25the only costs that may be incurred by a local agency or school
26district will be incurred because this act creates a new crime or
27infraction, eliminates a crime or infraction, or changes the penalty
28for a crime or infraction, within the meaning of Section 17556 of
29the Government Code, or changes the definition of a crime within
30the meaning of Section 6 of Article XIII B of the California
31Constitution.
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