BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



           ----------------------------------------------------------------- 
          |SENATE RULES COMMITTEE            |                        SB 411|
          |Office of Senate Floor Analyses   |                              |
          |1020 N Street, Suite 524          |                              |
          |(916) 651-1520         Fax: (916) |                              |
          |327-4478                          |                              |
           ----------------------------------------------------------------- 
           
                                           
                                       CONSENT


          Bill No:  SB 411
          Author:   Wolk (D)
          Amended:  4/1/13
          Vote:     21

           
           SENATE HEALTH COMMITTEE  :  9-0, 4/24/13
          AYES:  Hernandez, Anderson, Beall, De León, DeSaulnier, Monning,  
            Nielsen, Pavley, Wolk

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8


           SUBJECT  :    Food labeling:  olive oil

           SOURCE  :     Author


           DIGEST  :    This bill requires any olive oil produced, processed,  
          sold or possessed in California, that indicates on its label  
          that California is the source of the oil or that it is from an  
          area that is one of the approved American Viticultural Areas  
          (AVAs), to be made of oil derived solely from olives grown in  
          that approved AVA, rather than the existing law requirement that  
          at least 75% of the oil be derived from olives grown in the AVA.

           ANALYSIS  :    Existing federal regulations establish AVAs, which  
          are defined as delimited grape-growing regions having  
          distinguishing features, a name, and a delineated boundary.  

          Existing state law: 

          1. Requires, under the Department of Public Health, enforcement  
                                                                CONTINUED





                                                                     SB 411
                                                                     Page  
          2

             of various provisions related to the manufacture, blending,  
             production, and sale of olive oil.


          2. Requires any olive oil produced, processed, sold, offered for  
             sale, given away, or possessed, that indicates on its label  
             that it is from an area that is one of the approved AVAs to  
             be made of oil 75% of which is derived solely from olives  
             grown in an approved AVA. 

          3. Makes the violation of these provisions a crime.

          This bill requires any olive oil produced, processed, sold or  
          possessed in California, that indicates on its label that  
          California is the source of the oil or that it is from an area  
          that is one of the approved AVAs, to be made of oil derived  
          solely from olives grown in that approved AVA, rather than the  
          existing law requirement that at least 75% of the oil be derived  
          from olives grown in the AVA.

           Prior Legislation
           
          SB 818 (Wolk, Chapter 567, Statutes of 2011) conforms  
          California's olive labeling requirements to the United States  
          labeling standards, as specified.

          SB 634 (Wiggins, Chapter 694, Statutes of 2008) clarifies the  
          definition of olive oil, conforms olive oil definitions, grades,  
          and labeling requirements to international standards, authorizes  
          the addition of vitamin E to specified olive oil, and permits a  
          consumer to re-use a clean olive oil container, can, or drum.

          SB 920 (Thompson, Chapter 543, Statutes of 1997) specifies that  
          olive oil labeled as California olive oil must be made from  
          California olives.  The bill also requires olive oil labeled as  
          coming from an AVA to have at least 75% of the oil made from  
          olives grown in that AVA.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes


           ARGUMENTS IN SUPPORT  :    In 2012, the University of California  
          Davis Olive Center (Olive Center) issued their third study  

                                                                CONTINUED





                                                                     SB 411
                                                                     Page  
          3

          testing the quality and authenticity of extra virgin olive oil.   
          According to the author's office, this study reaffirmed the  
          existence of fraud, mislabeling and adulteration of extra virgin  
          olive oil imported and sold in California.  The author's office  
          claims that consumers continue to be misled by deceiving and  
          fraudulent labels, and as a result continue to pay premium  
          prices for low-quality products that fail to provide the many  
          health benefits of using genuine extra virgin olive oil.  The  
          author's office states this bill is one step to assuring the  
          consumer that they are getting the pure product they are paying  
          for by requiring that any olive oil that states an AVA on its  
          label, is solely derived from olives grown in that jurisdiction.


          JL:k  5/7/13   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  NONE RECEIVED

                                   ****  END  ****


























                                                                CONTINUED