Agriculture & Markets - Adulteration, Packing, and Branding of Food and Food Products - Olive oil mixtures


Published: 2014-09-22

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§ 204-a. Olive oil mixtures. It shall be unlawful for any person to
manufacture, pack, possess, sell, offer for sale and/or expose for sale
any compound or blended oil of any kind which purports to be an olive
oil mixture unless the container thereof be permanently and
conspicuously labeled "compound oil" or "blended oil" with a statement
of the different ingredients thereof and the specific percentage of
olive oil, the total percentage of other vegetable oils and the specific
percentage of each other ingredient comprising more than one-half of one
per centum of the mixture. 1. As used in this section the following
terms shall have the following meanings:

(a) "Olive oil" means the olive oil obtained solely from the fruit of
the olive tree (olea europaea), to the exclusion of oils obtained using
solvents or reesterification processes and of any mixture with oils of
other kinds. For the purpose of product labeling such term means oil
consisting of a blend of refined olive oil, and virgin olive oils fit
for consumption as they are with a free acidity, expressed as oleic
acid, of not more than one gram per hundred grams.

(b) "Olive-pomace oil" means oil obtained by treating olive pomace
with solvents or other physical treatments, to the exclusion of oils
obtained by reesterification processes and of any mixture with oils of
other kinds.

(c) "Refined olive oil" means the olive oil obtained from virgin olive
oils by refining methods which do not lead to alterations in the initial
glyceridic structure. It has free acidity, expressed as oleic acid, of
not more than 0.3 grams per hundred grams.

(d) "Virgin olive oil" means those oils obtained from the fruit of the
olive tree solely by mechanical or other physical means under
conditions, particularly thermal conditions, that do not lead to
alterations in the oil, and which have not undergone any treatment other
than washing, decanting, centrifuging and filtration. Virgin olive oils
fit for consumption as they are include:

(1) "extra virgin olive oil" which means virgin olive oil which has a
free acidity, expressed as oleic acid, of not more than 0.8 grams per
hundred grams.

(2) "virgin olive oil" which means olive oil which has a free acidity,
expressed as oleic acid, of not more than two grams per hundred grams.

(3) "ordinary virgin olive oil" which means virgin olive oil which has
a free acidity, expressed as oleic acid, of not more than 3.3 grams per
hundred grams.

2. (a) No additives are permitted in virgin olive oils.

(b) The addition of alpha-tocopherol to refined olive oil, olive oil,
refined olive-pomace oil and olive-pomace oil is permitted to restore
natural tocopherol lost in the refining process. The concentration of
alpha-tocopherol in the final product shall not exceed 220mg/kg.

3. (a) The commissioner shall promulgate rules and regulations for the
production and labeling of olive oils and olive-pomace oils presented
and sold for human consumption in intrastate commerce. Those regulations
shall substantially comply with the standards for the production and
labeling of olive oil and olive-pomace oils of the prevailing
international voluntary consensus trade organization formed for the
development of standards on characteristics and performance of olive
products and the promotion of trade and knowledge related to the
accurate and honest presentation of such products, as amended, in the
absence of specific federal standards of identity for olive oil.

(b) Failure to meet the standards promulgated pursuant to paragraph
(a) of this subdivision shall render olive oil sold in intrastate
commerce in the state misbranded.