BILL ANALYSIS �
SB 818
Page 1
Date of Hearing: June 29, 2011
ASSEMBLY COMMITTEE ON AGRICULTURE
Cathleen Galgiani, Chair
SB 818 (Wolk) - As Amended: June 13, 2011
SENATE VOTE : 40-0
SUBJECT : Food labeling: olive oil.
SUMMARY : Redefines California's olive oil labeling
requirements, making technical yet substantive changes, to
conform to United States (U.S.) labeling standards as outlined
in the U.S. Standards for Grades of Olive Oil and Olive-Pomace
oil published in the Federal Register that took effect on
October 25, 2010 (federal regulations). Specifically, this
bill :
1)Adds a reference to the definition for flavored oil oils.
2)Restates the hierarchy of virgin olive oil grades to be from
highest to lowest and establishes categories of olive oils,
both edible and not fit for human consumption, without further
processing, rather than quality.
3)Adds the hierarchy for olive-pomace oil grades to be from
highest to lowest of quality among olive-pomace oils and
establishes that these oil's grades to b in the following
categories:
a) Olive-pomace oil;
b) Refined olive-pomace oil; and,
c) Crude olive-pomace oil.
4)Deletes current definitions of olive oil grades.
5)Redefines olive oil grades for each category of oils, making
technical yet substantive changes, and referencing the federal
regulations. Specific changes for each grade of oils are as
follows:
a) Adds to the grade of "Virgin olive oil" the terms
"without further processing," and changes each of the
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following definitions as follows:
i) Deletes "extra virgin oil" reference to certified
taste panel or taste panel operated by the University of
California or California State University and adds "that
has excellent flavor and odor expressed as a median of
defects equal to zero and median of fruitiness greater
than zero, has a free fatty acid content, and references
the federal regulations.
ii) Adds to the "Virgin olive oil" definition the words,
"that has reasonably good flavor and odor expressed as a
medium of defects between zero and 2.5 and median of
fruitiness greater than zero" and adds reference to
federal regulations.
iii) Deletes the term "Ordinary virgin olive oil," and
replaces it with "Virgin olive oil not fit for human
consumption without further processing" and adds
"sometimes known as "lampante virgin olive oil," poor
flavor and odor expressed as a median of defects between
2.5 and 6.0, or when the median of defects is less than
or equal to 2.5 and the median of fruitiness is zero, and
decreases the oleic acid from 3.3 grams to 2.0, and
references the federal regulations.
b) Adds to the "Olive oil" definition the term "without
further processing," changes the reference from acidity to
fatty acid content and references the federal regulations.
c) Adds to the "Refined olive oil" definition a reference
for glyceridic structure as "basic glycerin-fatty acid
content" and adds reference to federal regulations.
d) Adds to the "Olive-pomace oil" category as "the product
that remains after the mechanical extraction of olive oil."
Redefines each oil definition in this category by
replacing "acidity" with "fatty acid" and referencing the
federal regulations.
6)Creates, for purposes of this chapter, the following
definitions:
a) "Median of defects" means the flavor and odor of virgin
olive oil as the calculation of the median score from a
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panel of tasters characterizes negative attributes,
including but not limited to, musty, fusty, wine-vinegary,
muddy-sediment and rancid.
b) "Median of fruitiness" means the calculation of the
median score from a panel of tasters that characterizes
virgin olive oil produced from olives, such as, but not
limited to, olive, apple, green, sweet grass, nutty, and
tomato.
c) "Panel of tasters" means the method of analyzing
organoleptic characteristics of virgin olive oil as defined
in federal regulations.
7)Adds "olive-pomace oil" to be labeling requirements that meet
these definitions.
8)Requires "virgin olive oil not fit for human consumption,
sometimes known as lampante virgin olive oil, to be refined
before consumption."
9)Makes it unlawful to label "olive-pomace oil" as olive oil.
10)Adds the federal regulations reference to the legislative
intent.
11)Makes technical, conforming changes.
12)Includes a new crime state mandate disclaimer.
EXISTING LAW:
1)Establishes labeling requirements for olive oils sold in
California, providing definitions and criteria, for specific
types of olive oils, to meet in order to use a specific label.
2)Requires the State Department of Public Health to enforce
various provisions of existing law regarding the manufacture,
blending, production, and sale of olive oil.
3)Makes the violation of these provisions a crime.
4)Defines olive oil to mean the edible oil obtained solely from
the fruit of the olive tree to the exclusion of oils obtained
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using solvents or reesterification processes and of any
mixture with oils derived of other kinds except in the making
of flavored olive oil.
5)Defines olive oil grades and provides that olive oil grades
are to be in a specified order.
6)Requires California labeled product from a specified area to
contain a minimum of 75% of that product from the area stated
on the label.
Federal Regulations, published on March 4, 2010, redefined olive
oil definitions to more closely conform to the International
Olive Oil Counsel's standards. These regulations became
effective on October, 24, 2010.
FISCAL EFFECT : According to the Senate Appropriations
Committee, this bill had no significant additional state costs,
will not require appropriation of state funds, and will cause no
significant reduction in revenues (Senate Rule 28.8).
COMMENTS : According to the Author, this legislation will place
California's olive oil standards in conformity with the recently
established new U.S. Department of Agriculture standards and it
will also correct technical errors in the original California
statute. These revisions will facilitate in the marketing of
olive oil and olive-pomace oil by employee terms consistent with
the marketplace, require truth in labeling, and provide a basis
for enforcement by state or federal agencies if a product is
mislabeled.
In 2008, the Assembly Committee on Agriculture and the
Legislature approved new labeling requirements for olive oil
sold in California. This was in an effort to support
California's growing olive oil industry and to educate consumers
as to the differences in olive oil products. Europe has had
olive oil standards in place for many years, as established by
the International Olive Counsel. The U.S. standards had not
been updated since the mid 1940's.
In March 2010, the federal government published the changes to
the federal definition for olive oil, which are similar to the
European standards, but is permissive. SB 818 adopts the
federal standard but continues to require olive oil labels to
meet the state statutes.
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California olive production accounts for 99% of the olive oil
produced in the U.S. This industry is developing a rapid
following, similar to the California wine industry of the mid
1970's. Unlike wine, olive oil does not need to age to develop
a complex tasting structure, quite the opposite. The faster the
olive can be crushed and processed, then delivered to market,
the better quality it is. Contrary to foreign oils which many
times take months and even years after pressing to reach
California consumers, the California product can take weeks.
There are some consumers that will go to suppliers on the day of
the crush to resupply themselves.
PRIOR LEGISLATION : SB 634 (Wiggins), Chapter 694, Statutes of
2008, clarified the definition of olive oil, repealed previous
licensure provisions, 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.
AB 2824 (Berryhill), Chapter 695, Statutes of 2008, clarified
the definitions of olive oil similar to SB 634 but was chaptered
out by the provisions of SB 634 (Wiggins), Chapter 694, Statutes
of 2008.
SB 920 (Thompson), Chapter 543, Statutes of 1997, specified that
olive oil labeled as California olive oil must be made from
California olives. If the olive oil is labeled as coming from a
viticultural area, as specified in federal law, 75% of the oil
must be from olives grown in that viticultural area. Permits
the blending of olive oil if the contents and proportions of the
blend are prominently displayed on the label.
SB 1666 (Thompson), Chapter 530, Statutes of 1996, established a
working group of state and industry officials to make
recommendations to the Legislature concerning labeling standards
for olive oil.
REGISTERED SUPPORT / OPPOSITION :
Support
Boundary Bend Limited
California Olive Oil Council
Carriage Estate Olive Oil
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Corto Olive
D'Olive Olive Oil
Frate Sole Olive Oil
Il Fiorello Olive Oil Company
McEvoy of Marin, LLC
Rancho Paloma
Rosenthal Olive Ranch
Tallgrass Land and Cattle Company
Yocha Dehe Wintun Nation
7 individuals
Opposition
None on file.
Analysis Prepared by : Jim Collin / AGRI. / (916) 319-2084