§ 204-A — Olive oil mixtures

§ 204-a. Olive oil mixtures. It shall be unlawful for any person to\nmanufacture, pack, possess, sell, offer for sale and/or expose for sale\nany compound or blended oil of any kind which purports to be an olive\noil mixture unless the container thereof be permanently and\nconspicuously labeled "compound oil" or "blended oil" with a statement\nof the different ingredients thereof and the specific percentage of\nolive oil, the total percentage of other vegetable oils and the specific\npercentage of each other ingredient comprising more than one-half of one\nper centum of the mixture. 1. As used in this section the following\nterms shall have the following meanings:\n (a) "Olive oil" means the olive oil obtained solely from the fruit of\nthe olive tree (olea europaea), to the exclusion of oils obtained using\nsolvents or reesterification processes and of any mixture with oils of\nother kinds. For the purpose of product labeling such term means oil\nconsisting of a blend of refined olive oil, and virgin olive oils fit\nfor consumption as they are with a free acidity, expressed as oleic\nacid, of not more than one gram per hundred grams.\n (b) "Olive-pomace oil" means oil obtained by treating olive pomace\nwith solvents or other physical treatments, to the exclusion of oils\nobtained by reesterification processes and of any mixture with oils of\nother kinds.\n (c) "Refined olive oil" means the olive oil obtained from virgin olive\noils by refining methods which do not lead to alterations in the initial\nglyceridic structure. It has free acidity, expressed as oleic acid, of\nnot more than 0.3 grams per hundred grams.\n (d) "Virgin olive oil" means those oils obtained from the fruit of the\nolive tree solely by mechanical or other physical means under\nconditions, particularly thermal conditions, that do not lead to\nalterations in the oil, and which have not undergone any treatment other\nthan washing, decanting, centrifuging and filtration. Virgin olive oils\nfit for consumption as they are include:\n (1) "extra virgin olive oil" which means virgin olive oil which has a\nfree acidity, expressed as oleic acid, of not more than 0.8 grams per\nhundred grams.\n (2) "virgin olive oil" which means olive oil which has a free acidity,\nexpressed as oleic acid, of not more than two grams per hundred grams.\n (3) "ordinary virgin olive oil" which means virgin olive oil which has\na free acidity, expressed as oleic acid, of not more than 3.3 grams per\nhundred grams.\n 2. (a) No additives are permitted in virgin olive oils.\n (b) The addition of alpha-tocopherol to refined olive oil, olive oil,\nrefined olive-pomace oil and olive-pomace oil is permitted to restore\nnatural tocopherol lost in the refining process. The concentration of\nalpha-tocopherol in the final product shall not exceed 220mg/kg.\n 3. (a) The commissioner shall promulgate rules and regulations for the\nproduction and labeling of olive oils and olive-pomace oils presented\nand sold for human consumption in intrastate commerce. Those regulations\nshall substantially comply with the standards for the production and\nlabeling of olive oil and olive-pomace oils of the prevailing\ninternational voluntary consensus trade organization formed for the\ndevelopment of standards on characteristics and performance of olive\nproducts and the promotion of trade and knowledge related to the\naccurate and honest presentation of such products, as amended, in the\nabsence of specific federal standards of identity for olive oil.\n (b) Failure to meet the standards promulgated pursuant to paragraph\n(a) of this subdivision shall render olive oil sold in intrastate\ncommerce in the state misbranded.\n