N.Y. Agriculture & Markets Law § 204-a: Olive oil mixtures

§ 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.