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AB-535 Olive oil: labeling.(2021-2022)

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Date Published: 03/18/2021 09:00 PM
AB535:v98#DOCUMENT

Revised  April 13, 2021
Amended  IN  Assembly  March 18, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 535

Introduced by Assembly Member Aguiar-Curry
(Coauthors: Assembly Members Bauer-Kahan, Cooper, Cristina Garcia, Grayson, and Villapudua)
(Coauthors: Senators Dodd, Eggman, Hurtado, Jones, and Wiener)

February 10, 2021

An act to add Section 82002 to the Food and Agricultural Code, relating to agriculture. amend Section 112895 of the Health and Safety Code, relating to food labeling.


LEGISLATIVE COUNSEL'S DIGEST


AB 535, as amended, Aguiar-Curry. Agriculture: olive oil: labeling. 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 words to indicate that California is the source of the oil, unless 100% of that oil is derived from olives grown in California. Existing law also requires that olive oil produced, processed, sold, offered for sale, given away, or possessed in California, that indicates on its label that it is from a specific region of California, be made of oil at least 85% of which, by weight, is derived from olives grown in that region. Existing law makes the violation of these provisions a misdemeanor.

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. The 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. The 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.

This bill would instead prohibit the representation on the label of any olive oil that all of 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 of the olives used to produce the olive oil were grown in California. The bill would also prohibit labeling 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, unless at least 85% of the olive oil, by weight, was produced from olives grown in that specific region. The bill would provide that these prohibitions apply to representations made in a brand name, label, advertising matter, packaging material, invoice, tag, sign, and other oral, written, or printed representation of any kind. The bill would authorize the State Department of Public Health to seize and dispose of olive oil labeled in violation of this section.
By creating a new changing the scope of a 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.

SECTION 1.

 Section 112895 of the Health and Safety Code is amended to read:

112895.
 (a) It is unlawful to manufacture, sell, offer for sale, give away, or to possess imitation olive oil in California.
(b) This section does not prohibit the blending of olive oil with other edible oils, if the blend is not labeled as olive oil or imitation olive oil, is clearly labeled as a blended vegetable oil, and if the contents and proportions of the blend are prominently displayed on the container’s label, or if the oil is a flavored olive oil.

(c)If any olive oil is produced, processed, sold, offered for sale, given away, or possessed in California, that indicates on its label “California Olive Oil,” or uses words of similar import that indicate that California is the source of the oil, 100 percent of that oil shall be derived from olives grown in California.

(d)Olive oil produced, processed, sold, offered for sale, given away, or possessed in California, that indicates on its label that it is from a specific region of California shall be made of oil at least 85 percent of which, by weight, is derived from olives grown in the specified region.

(c) (1) It is unlawful to make any representation that an olive oil is produced entirely from olives grown within California unless the representation is true.
(2) 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.
(3) 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.
(4) This section applies to representations made in a brand name, label, advertising matter, packaging material, invoice, tag, sign, and other oral, written, or printed representation of any kind.
(5) The department may seize olive oil labeled in violation of this section, regardless of where found, and may dispose of the olive oil.
(d) 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.
(e) Olive oil produced, processed, sold, offered for sale, given away, or possessed in California, that indicates on its label that it is from a specific estate in California shall be made of oil at least 95 percent of which, by weight, is derived from olives grown on the specified estate.
(f) Olive-pomace oil shall not be labeled as olive oil.

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.
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REVISIONS:
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