Bill Text: NJ A2228 | 2010-2011 | Regular Session | Introduced
Bill Title: Regulates sale of olive oil.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2010-02-11 - Introduced, Referred to Assembly Consumer Affairs Committee [A2228 Detail]
Download: New_Jersey-2010-A2228-Introduced.html
Sponsored by:
Assemblyman JOHN F. MCKEON
District 27 (Essex)
SYNOPSIS
Regulates sale of olive oil.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the sale of olive oil and supplementing P.L.1960, c.39 (C.56:8-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
"Flavored olive oil" means extra virgin olive oil, virgin olive oil, or olive oil, that is mixed with a flavoring, or olives that are processed into oil with any fruit, vegetable, herb, nut, seed, or spice and the product resulting from either process contains not less than 90 percent extra virgin olive oil, virgin olive oil, or olive oil, and is labeled for sale as an olive oil that has been flavored.
"Imitation olive oil" means the mixture of any edible oil artificially colored or flavored to resemble olive oil.
"Olive oil" means the edible oil obtained solely from the fruit of the olive tree to the exclusion of oils obtained using solvents or reesterification processes and to the exclusion of any mixture with oils derived of other kinds except in the making of flavored olive oil.
"Olive-pomace oils" means oils obtained by treating olive pomace with solvents or other physical treatments, to the exclusion of oils obtained by reesterification processes and to the exclusion of any mixture with oils of other kinds, as required to be designated and further defined in subsection a. of section 2 of this act.
"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 a free acidity, expressed as oleic acid, of not more than 0.3 grams per 100 grams of oil.
"Virgin olive oil" means that oil fit for consumption as it is, 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 has not undergone any treatment other than washing, decanting, centrifuging, and filtration, as required to be designated and further defined in subsection b. of section 2 of this act.
2. a. Olive-pomace oils shall be labeled and marketed with the following designations and definitions:
(1) "Crude olive-pomace oil" means olive-pomace oil that is intended for refining for use for human consumption or that is intended for technical use.
(2) "Olive-pomace oil" is the oil comprising the blend of refined olive-pomace oil and virgin olive oils fit for consumption as they are. It has a free acidity, expressed as oleic acid, of not more than 1 gram per 100 grams oil. In no case shall this blend be called or labeled "olive oil."
(3) "Refined olive-pomace oil" is the oil obtained from crude olive-pomace oil by refining methods which do not lead to alterations in the initial glyceridic structure. It has a free acidity, expressed as oleic acid, of not more than 0.3 grams per 100 grams of oil.
b. Virgin olive oils shall be labeled and marketed with the following designations and definitions:
(1) "Extra virgin olive oil" means virgin olive oil which has a free acidity, expressed as oleic acid, of not more than 0.8 grams per 100 grams, has a peroxide value of not more than 20 milliequivalent peroxide oxygen per kilogram oil and meets the sensory standards of extra virgin olive oil as determined by a taste panel certified by the International Olive Council, or its successor.
(2) "Ordinary virgin olive oil" means virgin olive oil which has a free acidity, expressed as oleic acid, of not more than 3.3 grams per 100 grams oil and has a peroxide value of not more than 20 milliequivalent peroxide oxygen per kilogram oil.
(3) "Virgin olive oil" means virgin olive oil which has a free acidity, expressed as oleic acid, of not more than 2 grams per 100 grams oil and has a peroxide value of not more than 20 milliequivalent peroxide oxygen per kilogram oil.
3. Olive oil presented and sold for human consumption in this State shall meet the International Olive Council standards, COI/T.15/NC no.3/Rev.2, entitled "Trade Standard Applying to Olive Oils and Olive-Pomace Oils," as amended from time to time, or the standard for olive oil as adopted by the United States Food and Drug Administration when such standards have been adopted.
4. a. No person shall manufacture, sell, offer for sale, give away, or possess in this State:
(1) imitation olive oil, not clearly labeled as imitation; or
(2) virgin olive oils that contain additives, unless those additives are clearly labeled.
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 are prominently displayed on the container's label, or if the oil is a flavored olive oil.
c. Alpha-tocopherol may be added to refined olive oil, olive oil, refined olive-pomace oil, and olive-pomace oil to restore natural tocopherol lost in the refining process. The concentration of alpha-tocopherol in the final product shall not exceed 200 milligrams per kilogram.
5. It shall be an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.) to violate the provisions of this act.
6. The Director of the Division of Consumer Affairs in the Department of Law and Public Safety may promulgate regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B‑1 et seq.), to effectuate the provisions of this act.
7. This act shall take effect on the 180th day following enactment.
STATEMENT
This bill requires that all olive oil presented and sold for human consumption in this State shall meet the International Olive Council standards or the standard for olive oil as adopted by the United States Food and Drug Administration when such standards have been adopted.
The bill prohibits a person manufacturing, selling, offering for sale, giving away, or possessing in this State imitation olive oil or virgin olive oils that contain additives. The bill does allow 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.
A violation of this bill's provisions is an unlawful practice and a violation of the consumer fraud act, P.L.1960, c.39 (C.56:8-1 et seq.). Thus, any person who violates any of the provisions of the bill is liable to a penalty of not more than $10,000 for the first offense and not more than $20,000 for the second and each subsequent offense. In addition, a violation may result in cease and desist orders issued by the Attorney General, and the awarding of treble damages, attorneys' fees and costs of suit to the injured party.
