Relates to standards and the labeling of olive oils

3 Co-sponsors

• Ruben Diaz
• Martin Malavé Dilan
• Jeffrey D. Klein

Title of bill

An act to amend the agriculture and markets law, in relation to olive oil products

Purpose or general idea of bill

The purpose of this bill is to ensure that olive oil sold in the State meets certain quality and labeling standards.

Summary of specific provisions

The bill would require the Department of Agriculture and Markets to promulgate rules and regulations for the production and labeling of olive oil. The bill stipulates that such regulations shall substantially comply with the standards of the prevailing international voluntary consensus olive oil trade organization (the International Olive Oil Council), or the standards for olive oil as adopted by the US Food and Drug Administration when such standards have been adopted. Further, the bill provides that it shall be unlawful for any person to manufacture, pack, possess, sell or offer for sale any blended oil which purports to be an olive oil mixture unless the container is permanently and conspicuously labeled accordingly. A manufacturer that fails to meet the standards promulgated would be subject to enforcement by the Department for selling a misbranded product. The bill would also prohibit additives in virgin olive oils and restrict the concentration of alpha-tocopherol in olive oil products to an amount not to exceed 220mg/kg.

Justification

U.S. standards for olive oil have not been updated since the late 1940's which makes it easy for some manufacturers and suppliers to cut comers and quality. Connecticut and California have already passed similar laws and the North American Olive Oil Association supports the legislation.

In 2007, on two separate occasions, US Marshals along with FDA investigators and New York District Investigators seized oil misbranded and being sold as extra virgin olive oil and pomace olive oil at a total estimated retail value of $705,000.00. The misbranded oil was actually soybean oil which is significantly less expensive than olive oil.

Lax food production and labeling standards can present a safety hazard, especially to those with food allergies. An estimated 12 million people, including 3 million children suffer from food allergies. People with the most common food allergies such as soy, peanuts, tree nuts, eggs, milk, wheat, fish and shellfish, or any food allergy, should know if their virgin olive oil is pure.

Prior legislative history

None.

Fiscal implications

None.

Effective date

This act shall take effect on the one hundred twentieth day after it shall become a law. Effective immediately the Commissioner of Agriculture and Markets is authorized to promulgate any rules or regulations necessary for the implementation of this act on its effective date.