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AB-2074 Agriculture: olive oil: labeling.(2019-2020)

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Date Published: 02/04/2020 09:00 PM
AB2074:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 2074


Introduced by Assembly Members Aguiar-Curry and Mathis
(Principal coauthor: Senator Dodd)
(Coauthors: Assembly Members Eggman, Flora, Frazier, Gloria, Gray, Kalra, Quirk-Silva, Robert Rivas, Blanca Rubio, Salas, and Weber)
(Coauthor: Senator Dahle)

February 04, 2020


An act to add Section 82002 to the Food and Agricultural Code, relating to agriculture.


LEGISLATIVE COUNSEL'S DIGEST


AB 2074, as introduced, Aguiar-Curry. Agriculture: olive oil: labeling.
Existing law makes it unlawful to produce, process, sell, offer to sell, or possess olive oil that indicates on its label “California Olive Oil,” or uses similar words, to suggest that California is the source of the oil, unless 100% of that oil is derived from olives grown in California.
This bill would make it unlawful and subject to imprisonment, fine, or both, as specified, to make any false representation in a brand name, label, advertising matter, packaging material, letterhead, invoice, tag, sign, business card, or other oral, written, or printed matter that an olive oil is produced entirely from olives grown within California, including using the terms “California olive oil,” “California olives,” or substantially similar representations. This bill would apply a similar prohibition on representations that an olive oil was produced from olives from a specific region of California unless at least 85% of the olive oil, by weight, was produced from olives grown in that specific region. This bill would authorize the Department of Food and Agriculture to seize olive oil labeled in violation of these prohibitions and to dispose of the olive oil.
By creating a new crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 82002 is added to the Food and Agricultural Code, to read:

82002.
 (a) It is unlawful to make any representation that an olive oil is produced entirely from olives grown within California unless the representation is true.
(b) It is unlawful to label any olive oil with a representation that all the olives used to produce the olive oil were grown in California, including the terms “California olive oil,” “California olives,” or something substantially similar, unless all the olives used to produce the olive oil were grown in California.
(c) It is unlawful to label any olive oil with a label indicating or representing that the olives used to produce the olive oil were grown in a specific region of California, or to make a representation to that effect, unless at least 85 percent of the olive oil, by weight, was produced from olives grown in that specific region.
(d) This section applies to representations made in a brand name, label, advertising matter, packaging material, letterhead, invoice, tag, sign, business card, and other oral, written, or printed representation of any kind.
(e) The department may seize olive oil labeled in violation of this section, regardless of where found, and may dispose of the olive oil.
(f) This section does not prohibit an olive oil producer or processor from using a truthful, nonmisleading statement or representation regarding the geographic origin of the olives used in the production of the olive oil in any label, packaging material, or advertising if the label, packaging material, or advertising contains no representation that is prohibited by this section.
(g) Any person violating any provision of this section is guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), or by imprisonment in the county jail for a period not exceeding one year, or by both.

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.