Sec. 269.1. Olive oil and related products: identities; label statements

(a) Standards of identity.

(1) Olive oil means the olive oil obtained solely from the fruit of the olive tree (Olea Europaea L.) without the use of solvents or re-esterification processes. Olive oil may consist wholly, or as a blend, of virgin olive oil and refined olive oil, as defined in paragraphs (3) and (4) of this subdivision. Olive oil has a free acidity, expressed as oleic acid, of not more than 1 gram per 100 grams and is light yellow to green in color.

(2) Olive-pomace oil means oil obtained by treating olive pomace (the pulpy material remaining from the fruit of the olive tree after olive oil has been extracted therefrom) with solvents or other physical treatments and is dark green, brown, or black in color.

(3) Virgin olive oil means olive oil obtained from the fruit of the olive tree solely by mechanical or other physical means under conditions that do not lead to alterations in the oil, and which has not undergone treatment other than washing, decanting, centrifuging and filtration. Virgin olive oil may not contain preservatives, artificial colors, or food additives. Virgin olive oils include and are not limited to:

(i) Extra virgin olive oil, which means virgin olive oil that has a free acidity, expressed as oleic acid, of not more than 0.8 gram per 100 grams and is yellow to green in color.

(ii) Virgin olive oil, which means virgin olive oil that has a free acidity, expressed as oleic acid, of not more than 2 grams per 100 grams and is yellow to green in color.

(iii) Ordinary virgin olive oil, which means virgin olive oil that has a fee acidity, expressed as oleic acid, of not more than 3.3 grams per 100 grams.

(4) Refined olive oil means the olive oil obtained from virgin olive oil by a refining method which does not lead to alterations in the initial glyceridic structure, has a fee acidity, expressed as oleic acid, of not more than 0.3 gram per 100 grams and is light yellow in color.

(5) Refined olive-pomace oil means the oil obtained from olive-pomace oil, as defined in paragraph (2) of this subdivision, by a refining method which does not lead to alterations in the initial glyceridic structure, has a free acidity, expressed as oleic acid, of no more than 0.3 gram per 100 grams, is odorless and flavorless and is light yellow to brownish yellow in color.

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

(c) Nomenclature: label statement.

The name of the foods defined in paragraphs (a)(1) and (2) of this section are, respectively, “olive oil” and “olive-pomace oil.” The name of the foods defined in subparagraphs (a)(3)(i)-(iii) of this section are respectively, “extra virgin olive oil,” “virgin olive oil,” and “ordinary virgin olive oil.” The names of the foods defined in paragraphs (a)(4) and (5) of this section are, respectively, “refined olive oil,” and “refined olive-pomace oil.”