Amended in Senate March 9, 2015

Senate Bill No. 65

Introduced by Senator Wolk

January 6, 2015

An act to begin delete add end delete begin insert amend end insert Section begin delete 79901.5 to end delete begin insert 112895 of end insert the begin delete Food and Agricultural end delete begin insert Health and Safety end insert Code, relating to olive oil.

LEGISLATIVE COUNSEL’S DIGEST

SB 65, as amended, Wolk. begin delete Olive oil grades, production, and marketing: Olive Oil Commission of California: producers: exemption. end delete begin insert Food labeling: olive oil. end insert

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Existing law requires the State Department of Public Health to enforce various laws regarding the manufacture, blending, production, and sale of olive oil. Existing law requires that olive oil produced, processed, sold, offered for sale, given away, or possessed in this state, that indicates on its label “California Olive Oil”or otherwise indicates that California is the source of the oil be made of oil derived solely from olives grown in California. 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. A violation of these provisions is a crime.

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This bill would delete the provision regarding olive oil from American Viticultural Areas and, instead, require that olive oil labeled as coming from a specific region in California be made of oil at least 85% of which, by weight, is derived solely from olives grown in the specified region. The bill would also require that olive oil labeled as coming from a specific estate in California be made of oil at least 95% of which, by weight, is derived solely from olives grown on the specified estate. By creating new crimes, this bill would impose a state-mandated local program.

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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.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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Existing law establishes the Olive Oil Commission of California and the commission’s board of directors. The board of directors, among other things, establishes an assessment to be paid by producers of olive oil and is authorized to recommend to the Secretary of Food and Agriculture the adoption and amendment of olive oil grades and labeling standards, as specified. For purposes of the commission, existing law defines a producer as a person who produces or causes to be produced olives that are processed into olive oil in the amount of 5,000 gallons or more during the marketing season.

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Existing law also requires the State Department of Public Health to enforce various provisions of law regarding the manufacture, blending, production, and sale of olive oil.

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This bill would exempt a producer under the Olive Oil Commission of California from these manufacturing, blending, production, and sale of olive oil provisions.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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begin insert Section 112895 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

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)  begin delete Any end delete begin insert If any end insert olive oil begin insert is end insert 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, begin insert 100 percent of that
oil end insert shall be begin delete made of oil end delete derived begin delete solely end delete from olives grown in
California.

(d)  begin delete Any olive end delete begin insert Olive end insert oil produced, processed, sold, offered for
sale, given away, or possessed in California, that indicates on its
label that it is from begin delete 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. end delete begin insert a specific region of
California shall be made of oil at least 85 percent of which , by
weight, is derived from olives grown in the specified region. end insert

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(e) Olive oil produced, processed, sold, offered for sale, given
away, or possessed in California, that indicates on its label that
it is from a specific estate in California shall be made of oil at
least 95 percent of which, by weight, is derived from olives grown
on the specified estate.

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(e)

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begin insert (f) end insert  Olive-pomace oil shall not be labeled as olive oil.

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begin insert SEC. 2. end insert   

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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.

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SECTION 1.  

Section 79901.5 is added to the Food and
Agricultural Code, to read:

79901.5.  

A producer, as defined in Section 79821, shall not be
subject to the provisions of Chapter 9 (commencing with Section
112875) of Part 6 of Division 104 of the Health and Safety Code.

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