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



Current Version: 09/03/21 - Enrolled Compare Versions information image


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) Any container of olive oil produced, processed, sold, offered for sale, given away, or possessed in California which contains olive oil produced from olives grown in locations other than California, in whole or in part, and includes “California” in any form on the principal display panel shall state on the same panel the minimum percentage of olive oil in the container produced from olives grown in California in a font size that is no less than the largest font used to print “California” on the same panel. The percentage shall be declared by the words, “___percent (or ____%) California” or “____ percent (or ____%) California olive oil.” This subdivision shall not apply to a container of olive oil produced on or before December 31, 2021.
(e) Any olive oil produced, processed, sold, offered for sale, given away, or possessed in California with a principal display panel that uses “California” or any reference to it shall comply with the quality and purity standards set forth in the “Grade and Labeling Standards for Olive Oil, Refined-Olive Oil, and Olive-Pomace Oil” published by the Department of Food and Agriculture.
(f) 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.
(g) 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.
(h) 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.
(i) Olive-pomace oil shall not be labeled as olive oil.
SEC. 2.
 No reimbursement is required  The addition of subdivision (e) to Section 112895 of the Health and Safety Code  by this act pursuant to Section 6 of Article XIII does not constitute  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 a change in, and is declaratory of, existing law. B of the California Constitution. 
SEC. 3.
 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.

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.