AAM-24-10-00001-P Standards of Identity for Olive Oil, Olive Pomace Oil, and Virgin Olive Oil

6/16/10 N.Y. St. Reg. AAM-24-10-00001-P

NEW YORK STATE REGISTER

VOLUME XXXII, ISSUE 24

June 16, 2010

RULE MAKING ACTIVITIES

DEPARTMENT OF AGRICULTURE AND MARKETS

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. AAM-24-10-00001-P

Standards of Identity for Olive Oil, Olive Pomace Oil, and Virgin Olive Oil

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed Action:

This is a consensus rule making to add Part 269 to Title 1 NYCRR.

Statutory authority:

Agriculture and Markets Law, sections 16, 18 and 204-a

Subject:

Standards of identity for olive oil, olive pomace oil, and virgin olive oil.

Purpose:

To ensure that olive oil, and varieties thereof, meet appropriate compositional requirements to promote fair dealing.

Text of proposed rule:

The heading to subchapter D of Chapter VI of 1 NYCRR is amended to read as follows:

Standards of Identity [and Enrichment] for Cereal Flours and Related Products, Milled Rice, Macaroni and Noodle Products [and], Bakery Products and Olive Oil

1 NYCRR is amended by adding thereto a new Part 269, to read as follows:

Part 269

Olive Oil and Related Products

§ 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 grams 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 free 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 free acidity, expressed as oleic acid, of not more than 0.3 grams 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 grams 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 (1) and (2) of subdivision (a) of this section are, respectively, "olive oil" and "olive-pomace oil." The name of the foods defined in subparagraphs (i) - (iii) of paragraph (3) of subdivision (a) 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 (4) and (5) of subdivision (a) of this section are, respectively, "refined olive oil" and "refined olive-pomace oil."

Text of proposed rule and any required statements and analyses may be obtained from:

Steve Stich, NYS Dept. of Agriculture and Markets, 10B Airline Drive, Albany, NY 12235, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Same as above.

Public comment will be received until:

45 days after publication of this notice.

Consensus Rule Making Determination

The proposed rule will amend 1 NYCRR by adding a new Part 269, which will set forth standards of identity for various types of olive oil.

The proposed rule is non-controversial. The standards of identity for olive oil, as set forth in the proposed rule ("the proposed standards of identity"), are consistent with the standards set forth in Agriculture and Markets Law section 204-a, the statute that provides, in part, the statutory authority for 1 NYCRR Part 269. Furthermore, such standards of identity are consistent with the standards set forth in a document entitled Trade Standard Applying to Olive Oils and Olive-Pomace Oils, published by the International Olive Council, an organization comprised of and representing the major foreign and domestic manufacturers and sellers of olive oil. Furthermore, the proposed standards of identity were sent to and have been endorsed by the North American Olive Oil Association, an organization comprising the major domestic manufacturers and sellers of olive oil. Finally, the proposed standards of identity are consistent with the standards of identity for olive oil adopted by California and Connecticut. As such, the proposed standards of identity will facilitate trade in such commodities among and between the states.

The proposed rule will not, therefore, have any adverse impact upon regulated parties and is, therefore, non-controversial.

Job Impact Statement

The proposed rule will not have an adverse impact upon employment opportunities.

The proposed rule will adopt standards of identity for various types of olive oil. Currently, there are many foods, offered for sale, that are labeled as being "olive oil," or varieties thereof, which contain, either or whole in part, other ingredients such as soybean oil and peanut oil. The proposed rule, by discouraging the improper labeling of olive oil blends as solely olive oil and varieties thereof, may very well increase demand for "real" olive oil, and varieties thereof, because consumers will be better assured that they are buying "real" olive oil. As such, the proposed rule will have no adverse impact upon jobs and may very well increase employment opportunities.