BILL NUMBER: SB 65 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 9, 2015
INTRODUCED BY Senator Wolk
JANUARY 6, 2015
An act to add amend Section
79901.5 to 112895 of the Food and
Agricultural Health and Safety Code, relating to
olive oil.
LEGISLATIVE COUNSEL'S DIGEST
SB 65, as amended, Wolk. Olive oil grades, production,
and marketing: Olive Oil Commission of California: producers:
exemption. Food labeling: olive oil.
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.
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.
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.
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.
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.
This bill would exempt a producer under the Olive Oil Commission
of California from these manufacturing, blending, production, and
sale of olive oil provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. 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 If any olive oil is
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, 100 percent of that oil
shall be made of oil derived solely
from olives grown in California.
(d) Any olive 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. 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.
(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.
(e)
(f) Olive-pomace oil shall not be labeled as olive oil.
SEC. 2. 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.
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.