BILL ANALYSIS Ó
SENATE COMMITTEE ON HEALTH
Senator Ed Hernandez, O.D., Chair
BILL NO: SB 65
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|AUTHOR: |Wolk |
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|VERSION: |March 9, 2015 |
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|HEARING DATE: |April 22, 2015 | | |
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|CONSULTANT: |Vince Marchand |
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SUBJECT : Food labeling: olive oil
SUMMARY : Revises olive oil labeling requirements by deleting language
that requires labels referring to approved American Viticultural
Areas (AVAs) be at least 75 percent from that AVA, and instead
requiring olive oils labeled as coming from a specific region in
California to be made from at least 85 percent of olives grown
in that specific region. Also requires olive oils labeled as
coming from a specific estate in California to be 95 percent
from olives grown on that specified estate.
Existing law:
1.Requires any olive oil produced, processed, sold or possessed
in California, that indicates on its label "California Olive
Oil," or uses words that indicate that California is the
source of the oil, to be made of oil derived solely from
olives grown in California.
2.Requires any olive oil produced, processed, sold or possessed
in California that indicates on its label that is from one of
the approved AVAs, as defined in federal regulations, to be
made of oil of which at least 75 percent is derived solely
from olives grown in that approved AVA.
This bill:
1.Deletes the requirement that at least 75 percent of olive oil
that is labeled as coming from an approved AVA be derived from
olives grown in that AVA, and instead requires 85 percent, by
weight, of the olive oil that is labeled as coming from a
specific region in California to be made from olives grown in
the specified region.
2.Requires olive oil produced, processed, sold or possessed in
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California, that indicates on its label that it is from a
specific estate in California, to be made of oil at least 95
percent of which, by weight, is derived from olives grown on
the specified estate.
3.Makes other technical, clarifying changes to olive oil
labeling requirements.
FISCAL
EFFECT : This bill has not been analyzed by a fiscal committee.
COMMENTS :
1.Author's statement. According to the author, California law
contains outdated language relating to utilizing California
and its regions in the labeling of olive oil by referencing
AVAs established by the federal Alcohol and Tobacco Tax and
Trade Bureau, which regulates wine. This bill will replace the
outdated language with language that incorporates the Olive
Oil Commission of California standards for 'California'
labeling and applies it to all California olive oil producers.
2.Olive Oil Commission of California standards. SB 250 (Wolk),
Chapter 344, Statutes of 2013, created the Olive Oil Commission
of California (OOCC) to engage in olive oil quality and
nutritional research and to recommend grading and labeling
standards to the California Department of Food and Agriculture
(CDFA). The OOCC developed California olive oil grading and
labeling standards to apply only to those producing more than
5,000 gallons of olive oil, refined-olive oil, or olive-pomace
oil, per year. In pertinent part, the regulations require: 100
percent of the oil to be from olives grown in the state of
California; if reference is made to a specific region in
California, then at least 85 percent of the oil (by weight) to
be from olives grown in that region; and, if reference is made
to a specific estate within California, then at least 95
percent of the oil (by weight) to be from olives grown on that
estate. CDFA approved these recommendations, and they became
effective on September 26, 2014.
3.Double referral. This bill was heard in the Senate Agriculture
Committee on April 7, 2015, and passed with a 5-0 vote.
4.Prior legislation. SB 250 (Wolk), Chapter 344, Statutes of
2013, created an Olive Oil Commission of California to engage
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in olive oil quality and nutritional research and to recommend
grades and labeling standards.
SB 411 (Wolk), of 2013, would have required any olive oil
produced, processed, sold or possessed in California, that
indicates on its label that it is from an area that is one of
the approved American Viticultural Areas (AVAs) established
pursuant to federal regulations, to be made of oil derived
solely from olives grown in that approved AVA, rather than the
existing law requirement that at least 75 percent of the oil
be derived from olives grown in the AVA. SB 411 was approved
by this committee, but was later amended in the Assembly to
address a different subject matter.
SB 818 (Wolk), Chapter 567, Statutes of 2011, redefined
California's olive labeling requirements to conform to the
United States labeling standards as outlined in the U.S.
Standards for Grades of Olive Oil and Olive-Pomace Oil
published in the Federal Register, as specified.
SB 634 (Wiggins), Chapter 694, Statutes of 2008, clarified the
definition of olive oil, conformed olive oil definitions,
grades, and labeling requirements to international standards,
authorized the addition of vitamin E to specified olive oil,
and permitted a consumer to re-use a clean olive oil
container, can, or drum.
SB 920 (Thompson), Chapter 543, Statutes of 1997, specified
that olive oil labeled as California olive oil must be made
from California olives. SB 920 also required olive oil
labeled as coming from an AVA to have at least 75 percent of
the oil made from olives grown in that AVA.
SUPPORT AND OPPOSITION :
Support: None received.
Oppose: None received.
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