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[Federal Register Volume 75, Number 81 (Wednesday, April 28, 2010)]
[Notices]
[Pages 22363-22368]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-9866]

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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

[Doc. No. AMS-FV-08-0073; FV-08-329]

United States Standards for Grades of Olive Oil and Olive-Pomace 
Oil

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Notice.

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SUMMARY: The Agricultural Marketing Service (AMS) of the Department of 
Agriculture (USDA) is revising the United States Standards for Grades 
of Olive Oil. This revision includes updated terms consistent with 
objective criteria for determining quality and purity among the grades 
of olive oil and olive-pomace oil commonly accepted in the United 
States and abroad. The revision will facilitate the marketing of olive 
oil and olive-pomace oil, employ terms consistent with the marketplace, 
provide definitions for olive oil and olive-pomace oil, promote truth 
in labeling, and provide a basis for enforcement by State and Federal 
agencies if these products are mislabeled.

DATES: Effective Date: October 25, 2010.

ADDRESSES: Copies of the revised U.S. Standards for Grades of Olive Oil 
and Olive-pomace oil are available from Processed Products Branch, 
Fruit and Vegetable Programs, Agricultural Marketing Service, U.S. 
Department of Agriculture, 1400 Independence Avenue, SW., Room 0709, 
South Building; STOP 0247, Washington, DC 20250 or on the Internet at 
http://www.regulations.gov or http://www.ams.usda.gov/processedinspection.

FOR FURTHER INFORMATION CONTACT: Chere L. Shorter, Inspection and 
Standardization Section, Processed Products Branch, Fruit and Vegetable 
Programs, Agricultural Marketing Service, U.S. Department of 
Agriculture, phone (202) 720-5021; or fax (202) 690-1527.

SUPPLEMENTARY INFORMATION: Section 203(c) of the Agricultural Marketing 
Act of 1946, as amended, directs and authorizes the Secretary of 
Agriculture ``to develop and improve standards of quality, condition, 
quantity, grade, and packaging, and recommend and demonstrate such 
standards in order to encourage uniformity and consistency in 
commercial practices.'' AMS is committed to carrying out this authority 
in a manner that facilitates the marketing of agricultural commodities 
and makes copies of official standards available upon request. Those 
United States Standards for Grades of Fruits and Vegetables that no 
longer appear in the Code of Federal Regulations are maintained by 
USDA/AMS/Fruit and Vegetable Programs at http://www.ams.usda.gov/processedinspection.
    AMS is revising the U.S. Standards for Grades of Olive Oil using 
the procedures that appear in part 36 of Title 7 of the Code of Federal 
Regulations (7 CFR part 36).

Background

    AMS received a petition from the California Olive Oil Council 
(COOC), an association of domestic olive oil producers, requesting the 
revision of the United States Standards for Grades of

[[Page 22364]]

Olive Oil, to reflect current industry standards commonly accepted in 
the United States and abroad.
    The revision replaces the first edition of the U.S. grade 
standards, effective since March 22, 1948 that used grades of ``U.S. 
Grade A'' or ``U.S. Fancy,'' ``U.S. Grade B'' or ``U.S. Choice,'' 
``U.S. Grade C'' or ``U.S. Standard,'' and ``U.S. Grade D'' or 
``Substandard,'' to denote levels of quality. These terms are not 
consistent with today's terminology for olive oil within the industry. 
The U.S. industry requested the revision because they wanted to create 
fairness in the marketplace. The COOC contend that because there is no 
definition for olive oil in the U.S., some unscrupulous blenders can 
produce low quality olive oil or olive-pomace oil and market it as 
extra virgin olive oil at a premium price.
    The petitioners requested that the U.S. grade standards be revised 
to make them consistent with the International Olive Council (IOC) 
trade standards for olive and olive-pomace oil. The IOC develops 
standards of quality used by major olive oil producing countries, 
including Spain, Italy, Greece, Portugal, and Turkey. The IOC is an 
intergovernmental organization created by the United Nations that is 
headquartered in Madrid, Spain representing the marketing of over 95 
percent of the world's olive oil production. The IOC is responsible for 
administering the International Agreement on Olive Oil. The United 
States is not a member of the IOC but has observer status. The COOC 
adheres, for the most part, to these international standards.
    The petitioners originally requested that no value be provided for 
linolenic acid in the fatty acid profile pending the outcome of a 
review of the appropriate fatty acid limits for linolenic acid by the 
Codex Alimentarius Commission (CAC) but then agreed to set a limit for 
linolenic acid consistent with commercial practices in the domestic 
industry. The CAC is a United Nations organization through which member 
countries, including the United States, formulate and harmonize 
international food standards. To date, the CAC has not made a decision 
on the appropriate fatty acid limits for linolenic acid and leaves this 
limit to individual governments to decide.
    AMS published a Notice in the November 8, 2004, Federal Register 
(69 FR 64713) with a thirty day comment period to determine the 
interest in revising the U.S. grade standards in response to the 
request by COOC.
    Thirty commenters responded to the Federal Register notice. All of 
the comments are available on the AMS Web site located at http://www.ams.usda.gov/processedinspection. In general, the commenters agreed 
that there should be clearly defined quality ratings. Additionally, 
several commenters requested that USDA create an organoleptic sensory 
panel to perform organoleptic analyses and establish a laboratory or 
accredit one or more labs that would perform the analyses following IOC 
trade standards. AMS concluded that there was positive interest in 
revised U.S. grade standards for olive oil.
    AMS then published a Notice in the June 2, 2008, Federal Register 
(73 FR 31426) with a sixty-day comment period to garner comments on its 
proposed U.S. grade standards. Twenty-six commenters responded to the 
Federal Register notice including producers, consumers, trade 
associations, government agencies, and representatives. Comments were 
received from the United States, Australia, Argentina, New Zealand, 
Portugal, Spain, and Tunisia. All of the comments are available on 
http://www.regulations.gov.
    The proposed grade standards were largely based on the 
International Olive Oil (IOC) Standards. The IOC standards are 
recognized by the vast majority of the world's olive oil producers and 
marketers including the COOC. The International standards list nine 
grades of olive oil in two primary categories--(1) Olive Oil and (2) 
Olive-pomace oil.
    The revised U.S. grade standards include the same requirements as 
the IOC standard except for the limits for linolenic acid and 
campesterol. These differences were requested by COOC and were listed 
in the proposed standards for comment. Also, the definition for 
``ordinary olive oil'' was removed because of its limited recognition 
and unpalatability. For this reason, the revised U.S grade standards 
are limited to eight grades instead of nine. Linolenic acid is one of 
13 fatty acids that are analyzed to determine the purity of the olive 
oil or olive-pomace oil. Campesterol is another component of olive oil 
and olive-pomace oil. The revised grade standards provide for slightly 
larger limits for both of these components to account for domestic 
variation from the IOC limits. The revised grade standards list 22 
tests that are performed to assure that the olive oil meets the purity 
and quality requirements. The quality tests include organoleptic 
characteristics such as flavor, odor, color, free fatty acid content, 
peroxide value (denotes rancidity), and absorbance in ultra-violet (UV) 
light (denotes quality and degree of processing). The remaining tests 
are performed to ascertain if the product is of olive origin, to 
determine if the product was refined or unprocessed, or to meet other 
quality requirements. The virgin olive oil category, which includes 
extra virgin olive oil, is unprocessed. Olive oil and olive-pomace oil 
are processed and refined. The revised grade standards do not apply to 
olive oil blends, i.e., olive oil mixed with herbs, spices, fruits, 
vegetables, or other oils.
    The 22 tests include free fatty acid content, peroxide value, 
organoleptic criteria, absorbency in ultraviolet, fatty acid 
composition (including linolenic acid); trans fatty acid content; 
desmethylsterol composition, total sterol content (including 
campesterol); stigmastadiene content; saturated fatty acid content at 
the 2-position in triglycerides; sum of palmitic and stearic acids; 
percent fatty acids in the 2 position; maximum difference between 
actual and theoretical Equivalent Carbon Number (ECN) 42 triglyceride 
content; erythrodiol and uvaol content; wax content; food additive 
(alpha tocopherol); moisture and volatile matter; insoluble impurities; 
flash point; trace metals; unsaponifiable matter; heavy metal; 
pesticide residues; and halogenated solvents. The tests and their 
purpose are explained in more detail in the revised U.S. grade 
standards at http://www.regulations.gov or http://www.ams.usda.gov/processedinspection.
    The comments can be summarized into one of the following 
categories: technical clarifications, testing limit tolerances, 
implementation of the grade standards, and editorial corrections 
(omissions, format, and spelling). With one exception, all of the 
comments were in support of the proposed U.S. grade standards and many 
recommendations were made.

Technical Clarifications

    Several of the commenters noted that the IOC trade standard was 
revised in 2006. That revision changed the limits for stigmastadiene in 
virgin olive oil from 0.15 parts per million (ppm) to 0.10 ppm and 5.0 
ppm in crude olive-pomace oil. The revised trade standard also 
substituted a method of analysis and limits for the saturated fatty 
acid content at the two-position in triglycerides. This test is used to 
determine if the oil has been re-esterified or if the oil was 
substituted with animal fat. This analysis was replaced by a more 
precise analysis, the content of 2-glyceryl monopalmitate and new 
limits for palmitic acid (a fatty

[[Page 22365]]

acid). Several commenters also noted that the test, ``aspect (degree of 
cloudiness) at 20 degrees after 24 hours,'' for virgin olive oils could 
result in either a cloudy or clear product. The proposed grade 
standards incorrectly provided for a cloudy result. Some noted that the 
``absorbency in ultra-violet'' test at K232 is an optional test in the 
IOC trade standard. Several noted that the proposed standards should 
include more objective terms for flavor in virgin olive oil and refined 
olive oil other than ``good'' and ``excellent.'' One commenter wanted 
the grade standards to clearly state that olive-pomace oil must not be 
labeled as olive oil. The commenter also wanted the grade standards to 
clearly state that alpha-tocopherol, a naturally occurring component in 
olive oil removed during the refining process, is added back only to 
the refined oils. Several commenters noted that the peroxide value 
increases in the first stages of rancidity and drops off in later 
stages and suggested that a clarification be made in the definition 
section of the proposed grade standards. AMS recognizes the 
aforementioned recommendations as technically valid and revised the 
proposed grade standards accordingly.
    The specifics of these and related comments and AMS responses are 
summarized below:

    (1) Comment: Section 52.1531 (a) Define or leave out the term 
``sound'' as in sound fruit in the product description since olive 
oil is often pressed with slightly damaged olives.
    AMS agrees. Utilizing only sound olives for pressing olive oil 
implies that all of the olives must meet a certain minimum quality. 
This is not necessarily the case since the use of cull fruit is 
often utilized in the production of olive oil and is perfectly 
acceptable. This may be self limiting in that the use of damaged 
fruit results in a poor quality olive oil that would not meet the 
virgin category (highest quality) but could meet the other 
categories. The text is revised to read, ``Olive oil is the oil 
obtained solely from wholesome fruit of the olive tree (Olea 
europaea L.), to the exclusion of oils obtained using solvents or 
re-esterification processes and of any mixture with oils of other 
kinds.''
    (2) Comment: Section 52.1534. Olive oils are not graded solely 
on the basis of flavor and odor and free fatty acid content.
    AMS agrees. Olive oil is graded on a variety of characteristics 
which are listed in the revised grade standards. While this was 
provided for in the proposed grade standards, AMS has clarified the 
product descriptions for each category, referring to Tables I 
through III.
    (3) Comment: Section 52.1534 (a)-(d) and 52.1535. Flavor 
descriptors such as excellent, good, reasonably good, and poor are 
too subjective and should be linked with median scores.
    AMS disagrees that the descriptors are too subjective. In fact, 
median scores were listed where appropriate (i.e., the virgin 
category) in both the proposed and in these revised grade standards. 
The descriptors apply to olive oil and olive-pomace oil and in 
addition, the virgin category provides for median scores that have 
been linked with the descriptor. However, ``reasonably good'' has 
been changed to ``acceptable'' in this revision. These terms are 
consistent with other standards. Accordingly, no other changes are 
made as a result of this comment.
    (4) Comment: Section 52.1535 Change ``may'' to ``must'' to read, 
``Olive-pomace oil must or shall not be labeled as olive oil.''
    AMS agrees. Olive oil and olive-pomace oils are considered two 
separate products and shall be labeled accordingly. The revised text 
will read, ``Olive-pomace oils shall not be labeled as olive oil'' 
to indicate that the names are not used interchangeably. This is 
consistent with Food and Drug Administration (FDA) labeling 
practices that appear in the Code of Federal Regulations (CFR) 21 
CFR Section 101.3.
    (5) Comment: Section 52.1539, Aspect at 20 degrees after 24 
hours. Extra virgin and virgin olive oils can be filtered and 
therefore limpid (clear) or unfiltered and be cloudy.
    AMS agrees. It was originally thought that cloudy olive oil held 
at a certain temperature indicated that the product was virgin oil 
and that this test would easily indicate this fact. Since this is 
not the case, the aspect test being of secondary importance was 
moved to Table III, making it an optional test and revised the 
definition in Section 52.1538 accordingly.
    (6) Comment: In section 52.1538, the term ECN always refers to 
ECN 42 and the definition must be ``the triacylglycerols with 
equivalent carbon number 42.'' The table should indicate that ECN 42 
is an absolute number.
    AMS agrees that ECN 42 is an absolute number since it is the 
difference between the two numbers, the actual Equivalent Carbon 
Number 42 (ECN 42) triacylglycerol content and the theoretical 
amount. Evaluation of these components is used for the detection of 
seed oils and verifies authenticity and origin of oils. No change to 
the standards is necessary as a result of this comment.
    (7) Comment: Section 52.1538 the definition for erythrodiol and 
uvaol should read `` * * * two triterpenic dialcohols.''
    AMS agrees that the definition should have been more specific. 
The proposed grade standards described these as alcohols. The text 
is changed to read ``Two triterpenic dialcohol components found in 
olive oil and olive-pomace oil.'' The levels of these specific 
dialcohols differentiate oils that were pressed from oils that were 
produced by solvent extraction.
    (8) Comment: Section 52.1538, the term glyceridic structure 
definition describes only a monoglyceride.
    AMS agrees that the definition needs further clarification. 
Therefore, AMS is revising the text as follows: ``The structure of 
esters (any class of organic compounds corresponding to an inorganic 
salt formed from an acid by replacement of the hydrogen by an alkyl 
radical) consisting of glycerol and fatty acids.''
    (9) Comment: Section 52.1538 the fusty and muddy-sediment 
attributes have been combined in the revised method for organoleptic 
assessment of virgin olive oils. Putrid relates to the muddy-
sediment defect rather than rancid flavor defect.
    AMS believes that the two defects fusty and muddy-sediment 
should be separate because these defects have two distinct 
attributes. Sediment often forms at the bottom of containers of 
virgin olive oil. This vegetable water can ferment and cause a 
defect in flavor, i.e., muddy or putrid. The putrid description for 
the rancid definition was removed. Rancid was described as varnish, 
paint, or seed-like odors. Fusty is a flavor defect attributable to 
poor storage conditions of the olives, usually promoting the 
bacterial growth of the Clostridium and Pseudomonas genera and 
smelling of decay, mildew, or mustiness. Appropriate changes to the 
text have been made as a result of this comment.
    (10) Comment: In Section 52.1538, the organoleptic definition 
should include odor characteristics on a continuous scale.
    AMS agrees in part. The proposed definition referred to flavor 
and odor as the typical flavor and odor of olive oil or olive-pomace 
oil produced from olives and the degree of positive attributes such 
as, but not limited to olive, apple, green, sweet, grass, nutty, 
tomato and some negative attributes, such as, but not limited to 
musty, fusty, winey-vinegary, muddy-sediment, and rancid. For virgin 
olive oil, these organoleptic characteristics are assessed on a 
continuous scale by a panel of tasters. However, rather than 
changing the definition of organoleptic as suggested by the 
commenter, AMS believes it is more appropriate to change the 
definition of flavor and odor. Such changes to the text have been 
made as appropriate.
    (11) Comment: In Section 52.1538, the definition for peroxide 
value needs to clarify that in the first stage of oxidation, 
peroxide values increase and in the second stage, peroxide values 
decrease even though the product is oxidized.
    AMS agrees that in the proposal, the definition did not explain 
the stages of oxidation. The revised definition makes this 
clarification to the text.
    (12) Comment: In Section 52.1538, the definition for 2-glyceryl 
monopalmitate content, add ``re-esterified or animal fat has been 
added'' as in the IOC trade standard.
    AMS agrees. The IOC and Codex trade standards were revised in 
2006 and replaced the ``saturated fatty acid content at the two 
position in the triglycerides'' test with a more specific test 
called ``2-glyceryl monopalmitate content determination.'' 
Therefore, the definition in the revised text will read, ``This test 
is used to determine if the oil has been re-esterified by synthetic 
means or by addition of animal fat.'' Fats and oils are naturally 
occurring esters. An ester can be synthetically formed by the 
reaction between an acid and an alcohol. AMS also has made a 
corresponding change to Table II.
    (13) Comment: In Section 52.1538, trans fatty acids are produced 
not only during hydrogenation but also during refining if the 
temperature is high. The contents of trans-oleic, trans-linoleic, 
and trans-linolenic acid are related to the deodorization and de-
coloring steps.

[[Page 22366]]

    AMS agrees and has revised the definition for trans-fatty acids. 
The revised text now states, ``When oil is partially hydrogenated or 
refined, trans conformation refers to which side of the fatty acid 
double bond the hydrogen is on. The trans conformation refers to 
hydrogen found on opposite sides of the double bond. Olive oil in 
its natural state is not a trans fatty acid because it has not been 
partially hydrogenated or refined. This test is used to determine if 
any processing has taken place such as, deodorization or de-
coloring.''
    (14) Comment: In Section 52.1539 (Table I) Color. Color is not 
related to oil quality so what is the point of including this in the 
grading? An objective method for determining color such as the 
Association of Official Analytical Chemists method is suggested.
    AMS believes that even though color is not part of the grade, it 
provides information on the product and should remain in the grade 
standard. AMS added descriptions for the virgin olive oil category 
for consistency since the IOC trade standard provides color 
descriptions for olive oil and olive-pomace oil. The typical color 
of olive oil varies from light yellow to green. Olive-pomace oil may 
vary from light yellow to light green, brownish yellow, dark green, 
brown or black (for crude olive-pomace oil). The color will be 
evaluated as either normal or off color. Accordingly, AMS believes 
there is no need to make changes to this section.
    (15) Comment: The stigmastadiene current limit in the IOC trade 
standard revised in 2006 is 0.10 mg/kg for extra virgin olive oils. 
The limit for crude olive oil should be 5.0 mg/kg. The limits for 
refined olive oil, olive oil and olive-pomace oil are not necessary 
because this measurement determines the degree of refining.
    AMS agrees and has made corresponding changes in the Table 
because the stigmastadiene limits were revised in both the IOC and 
Codex standards in 2006. The stigmastadiene test was moved from 
Table II to Table I. This test will be a required test for all lots 
submitted to AMS because it aids in detecting whether the oil has 
been refined and or mixed with refined oil.
    (16) Comment: The limit for alpha-tocopherol of zero in extra 
virgin and virgin olive oils is not correct because these contain 
naturally occurring alpha-tocopherol which is removed during the 
refining process of producing olive-pomace oil.
    AMS agrees. Alpha-tocopherol is naturally occurring in olive oil 
but is removed during processing and added back to refined olive oil 
and olive-pomace oil at a limit of 200 mg/kg. Accordingly, the table 
will be revised to note ``Not applicable'' for unrefined oils. This 
test is only necessary to assure that the limits have not been 
exceeded in refined oils.
    (17) Comment: List K232 as an optional item due to varying 
levels and lack of importance.
    AMS agrees and has addressed this suggestion in a footnote in 
Table I. This provision is not in the Codex standard but is 
mentioned in the IOC trade standard. The IOC trade standard 
indicates that this determination is solely for application by 
commercial partners on an optional basis. The new footnote indicates 
that this test is optional.

Tolerances for Linolenic Acid and Campesterol

    Several commenters noted that campesterol (one of several sterols 
found in olive oil) and limits for linolenic acid needed to conform to 
the IOC trade standard. Sterol analysis is used to detect the presence 
of seed oils. Sterols are one of many minor constituents of oils that 
are characteristic indicators of impurity of the olive oil. While some 
supported this difference, others were not in agreement. The reasons 
for AMS not making changes to the revised text as a result of these 
comments are detailed below.

    (18) Comment: Section 52.1539 (Table I), the IOC limit for the 
linolenic acid value is 1.0 percent. The IOC limit for campesterol 
is 4.0 percent. A larger value can indicate the addition of seed 
oils or refined oils (like corn, soy, canola, or cottonseed).
    AMS believes that the values for linolenic and campesterol are 
based on historical data originating from the Mediterranean region. 
Australia, Argentina, Israel, New Zealand and other countries 
pointed out that their olive oil was not considered when these 
limits were established. It is important to note that the use of the 
U.S. grade standards is voluntary. Further, the proposed parameters 
for linolenic acid and campesterol are slightly more liberal than 
the IOC standard, i.e., a broader range of olive oil (including U.S. 
production) falls within the proposed standards. As a result, more 
products can be addressed under the proposed standards. For this 
reason, the maximum value for the parameter was set according to 
what the United States typically produces, which is up to 1.5 
percent for linolenic acid. Under the revised U.S. grade standards, 
linolenic acid values between 1.0 and 1.5 percent and campesterol 
values between 4.0 and 4.5 percent would be subject to further 
testing when the product is officially certified by AMS. These 
additional tests are outlined in Table II of the revised U.S. grade 
standards. Values higher than 1.5 percent and 4.5 percent 
respectively would not meet the standards for olive oil or olive-
pomace oil. The California Olive Oil Council (COOC) supported this 
approach because it is compatible with domestic suppliers who 
occasionally produce olive oil with linolenic acid or campesterol 
values slightly higher than the IOC standards would allow. While the 
U.S. produces only extra virgin olive oil, it is estimated that only 
one percent of the olive oil produced in the U.S would fall above 
the IOC limits for linolenic acid. AMS believes that this approach 
is reasonable and appropriate. According to the COOC, these higher 
values are attributable to growing conditions. Higher values for 
linolenic acid are also found in olive oil made from olives grown in 
Australia, South America, North Africa, and parts of Europe.
    Also, variation in campesterol levels has been reported in 
literature.\1\ The sterol and alcohol composition of Cornicabra 
virgin olive oil during the crop seasons from 1997/1998 to 2001/2002 
were reported. The median value of campesterol was 4.0 percent and 
ranged from 3.4 to 4.5 percent in the five crop seasons studied; 
indicating that high natural content is a peculiar characteristic of 
the Cornicabra virgin olive oil. Cornicabra is a variety of olive. 
The limit for linolenic acid has not yet been established in the 
Codex standard to this date. In both cases olive oil or olive-pomace 
oil found to show limits between 1.0 and 1.5 percent (linolenic 
acid) and 4.0 and 4.5 percent (campesterol) will require the 
additional verification testing listed in Table II of the revised 
U.S. grade standards. Accordingly, no changes to the standards are 
made as a result of these comments.
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    \1\ Rivera del [Aacute]lamo, R. M., Fregapane, G., Aranda, F., 
G[oacute]mez-Alonso, S., Salvador, M. D., Sterol And Alcohol 
Composition Of Cornicabra Virgin Olive Oil: The Campesterol Content 
Exceeds The Upper Limit Of 4% Established By EU Regulations, Food 
Chemistry, (Vol. 84) (No. 4), (Orlando, Florida: Elsevier, 2004) 
533-537, http://www.cababstractsplus.org/google/abstract.asp?AcNo=20033202838.
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Implementation

    Several commenters noted that all of the tests were considered 
mandatory in the IOC standard and all should be included in Table I. 
While this may be appropriate for the IOC standard, AMS continues to 
believe that it is more appropriate for the U.S. standards that tests 
be divided into categories and that the number of mandatory tests be 
limited. The AMS grade standards traditionally emphasize organoleptic 
characteristics. AMS performs grading services on a lot by lot basis. A 
lot is defined as any number of containers of the same size, type, and 
style located in the same warehouse or conveyance. A lot can also be 
described as being produced during a period or shift lasting up to 24 
hours. In both cases the lot must be available for inspection at one 
time. The fees to perform all 22 analytical tests on every lot would be 
cost prohibitive (over $7,000 per lot). Unlike the IOC standards, more 
than one sample is tested per lot. However, this does not prevent an 
applicant from requesting that additional tests be done to meet an 
international standard or other specification. The grade standards 
represent a minimum requirement to meet U.S. grades so that an 
applicant can use USDA grade marks on its label. A certificate is a 
written report that shows the pertinent facts concerning the quality, 
grade, and condition of the product, and may include useful descriptive 
information about the product and the containers in which it is packed.
    The revised U.S. grade standards divide tests into three 
categories: Mandatory (Table I), Confirmatory (Table II), and Optional 
(Table III). The

[[Page 22367]]

mandatory tests shall be performed on all lots of olive oil and olive-
pomace oil. These are listed in Table I and include flavor and odor, 
color, free fatty acid expressed as oleic acid, peroxide value, 
absorbency in ultraviolet (UV), fatty acid composition, trans fatty 
acid content, desmethylsterol composition, total sterol, and 
stigmastadiene content. Table II lists the tests for purity: Maximum 
difference between actual and theoretical ECN 42 triacylglycerol 
content; erythrodiol and uvaol; waxes; and 2-glyceryl monopalmitate 
content. Table III lists tests to be used if one wants additional 
information on other characteristics of the oil. These include moisture 
and volatile matter, insoluble impurities, flash point, heavy metals, 
unsaponifiable matter, aspect at 20 degrees Celsius after 24 hours, 
pesticide residues, and halogenated solvents. Some of these tests are 
monitored by FDA (i.e., heavy metals, pesticide residues and 
halogenated solvents.)
    In addition, one commenter did not agree with the ``U.S.'' term 
preceding the grade terms (e.g., ``U.S. Extra Virgin Olive Oil''). One 
commenter suggested that a traditional method using the pressing ratio 
(weight of the olives versus weight of the resultant oil) be used 
instead. One commenter wanted to specify the amount of virgin olive oil 
added to refined oil to produce olive oil. And finally, one commenter 
was not in support of the proposed grade standards because he felt that 
the IOC trade standard was unreliable and would have negative 
implications on ``New World'' olive oil producers. All of these 
comments are discussed below.

    (19) Comment: Sterol composition, maximum difference between 
actual and theoretical ECN42, erythrodiol, and waxes tests should be 
mandatory.
    AMS agrees in part and moved some of the corresponding analyses 
to Table I, making them mandatory. These include total sterols, 
stigmastadiene, and desmethylsterol composition because these tests 
detect specific properties of the oil that determines its purity and 
are not covered by other tests in Table I.
    The ECN42 analysis was not included in Table I because this test 
detects seed oils. Detection of seed oils is covered by other 
analyses already listed in Table I, namely desmethylsterol 
composition, fatty acid composition, and stigmastadiene content. 
Erythrodiol, uvaol, and wax content analyses detect the presence of 
pomace oil and oils produced from solvent extraction. These analyses 
are already covered by other tests that are listed in Table I, 
namely, stigmastadiene content and absorbance in ultraviolet. 
However, ECN42, erythrodiol and uvaol, waxes, content of 2-glyceryl 
monopalmitate are included in Table II. The tests listed in Table II 
will apply if analytical results do not comply with label 
declaration for the purity criteria listed in Table I, in the 
following cases: (1) If linolenic acid values are between 1.0 and 
1.5 percent, (2) if the campesterol values are between 4.0 and 4.5 
percent, or (3) at the applicant's request.
    (20) Comment: The names should comply with the IOC trade 
standards and Codex standards without the ``U.S.'' term preceding 
the name.
    The names of the grades are preceded by the term ``U.S.'' only 
if the product has been officially sampled and graded by AMS. 
Accordingly, use of the term ``U.S.'' is necessary and appropriate 
because it is used in conjunction with an official grade statement, 
or certificate, and can be used on labels, if an applicant desires 
to indicate that the product has been officially graded by USDA. 
Products would not be required to be labeled differently. No change 
was made as a result of this comment.
    Comment: The olive oil pressing ratio (weight of olives to 
weight of olive oil yielded) is the traditional method for judging 
the quality of the olive oil. Below 20 percent is considered olive-
pomace oil.
    AMS disagrees that the pressing method is an appropriate method 
to include in the U.S. grade standards. The yield of olive oil 
depends on many complex factors besides the press ratio. These 
factors include the variety of olives, the pressing method used, 
ripeness, and moisture. The revised standards establish analytical 
and organoleptic methods for determining conformance with the 
various grade requirements regardless of the age, moisture, 
processing method, or variety of the in-going olives.
    (21) Comment: The IOC chemical markers represent a low minimum 
standard and that there would be negative implications on the 
burgeoning olive oil industries of California, Arizona, Texas, 
Australia, New Zealand, Chile, and Argentina. USDA should adopt a 
few chemical tests that are easily monitored in lieu of the proposed 
standard.
    AMS believes that the revised grade standards would allow 
applicants assurance of product quality through inspection and 
testing using objective chemical and organoleptic testing. 
Applicants of the AMS inspection services could demonstrate that 
their product has been officially graded by using the official USDA 
marks on their packaging or other materials. This would help 
consumers and buyers differentiate between the various grades and 
better reflect the value of their purchases. The U.S. grade 
standards establish terms that can objectively define product 
quality and help ensure that consumers receive what they expect when 
they purchase certain food products.

    There were additional comments or clarifications requested by some 
commenters on the implementation of the grade standards as discussed 
below.

    (22) Comment: Will the tests be performed in a timely manner?
    AMS will use the AMS Science and Technology Laboratory in 
Blakely, Georgia for both the analytical and organoleptic testing. 
Sample results will be available in a timely manner.
    (23) Comment: What assurances are there of the quality of the 
tasters?
    AMS will follow the procedures set forth in the COI/T.20/Doc. 
No. 15, ``Organoleptic assessment of virgin olive oil,'' as listed 
in the standards. A panel of AMS tasters will be trained by IOC 
qualified trainers. In addition to the flavor panel, sample results 
would be monitored regularly through a systematic review process 
where samples are sent to a designated AMS office for evaluation and 
concurrence with previous results.
    (24) Comment: AMS should consider providing median terms for 
refined olive oil.
    Under the IOC trade standards and the Codex standards, only the 
virgin olive oils are subject to organoleptic assessment through a 
flavor panel. Therefore, median scores are not applicable for 
refined olive oil products or for any of the olive-pomace oils. 
However, AMS will flavor these oils. The revised grade standards 
require that refined oils have at least acceptable flavor.
    (25) Comment: AMS should specify a minimum quantity of virgin 
olive oil added to refined olive oil for olive oil which is a blend 
of the two.
    Neither the IOC trade standard nor the Codex standard defines 
the amount of virgin olive oil blended with refined olive oil to 
produce olive oil. Such a proposal would require additional research 
and accordingly is not included in the revised standards.
    (26) Comment: The sample unit of 375 ml is too much; 250 ml 
should be sufficient to perform the tests.
    AMS disagrees. AMS believes that the flavor panel review alone 
requires 15-20 milliliters (ml) per person or 240 ml for a twelve-
person flavor panel. However, this does not include an additional 
amount required for analytical testing. Therefore, after further 
review 500 ml is determined to be needed to properly retest a sample 
for any reason.

Editorial Comments

    AMS agreed with many of the following suggestions and comments as 
having merit. The following reflects such suggestions and comments.

    (27) Comment: Section 52.1538 Definition should read 
``Desmethylsterol'' not ``Dimethylsterol''.
    AMS agrees and corrected the typographical error.
    (28) Comment: ``Ordinary olive'' oil was removed from the 
standard but reference is made to it in Section 52.1542 and should 
be removed.
    AMS agrees and removed references to ordinary olive oil from the 
section because ordinary olive oil is not a part of the standard. 
This product was an olive oil of lower quality than virgin olive oil 
but of slightly better quality than lampante oil. AMS decided in the 
proposed grade standards that because this product is not often used 
in trade, is considered fairly unpalatable, that it would be 
considered as lampante oil and removed from the grade standards.
    (29) Comment: Moisture and insoluble impurities for lampante 
olive oil are not defined in the IOC trade standard or Codex 
standard because the product will be refined.
    AMS agrees that the IOC and Codex standards do not set limits 
for moisture or

[[Page 22368]]

insoluble impurities for lampante oil. Because this was an 
oversight, Table III is revised to show that these analyses are 
``Not Applicable'' for ``moisture and volatile matter'' and 
``insoluble impurities in light petroleum.''
    (30) Comment: A method of analysis for preparation of methyl 
esters should accompany the methods of analysis for fatty acid 
composition.
    AMS agrees and added the suggested method to the list of methods 
of analysis. AMS also found that pesticide residue tests were 
included in the revised 2006 IOC trade standards so this test was 
added to the U.S. grade standards.
    (31) Comment: For future consideration:
    i. Consider defining limits for premium extra virgin olive oil.
    ii. Set new limits for fatty acid composition, desmethylsterol, 
total sterol, saturated fatty acid in the two position in 
triglycerides and unsaponifiable matter.
    iii. Set stricter limits for free fatty acid as oleic, peroxide 
value, absorbency in UV.
    iv. Research future analysis for inclusion in the standard.
    AMS continually reviews its grade standards. AMS facilitates the 
fair and efficient marketing of agricultural products by 
promulgating voluntary official grade standards. AMS develops, 
revises, suspends, or terminates the official grade standards under 
procedures that allow for input by interested parties. As new 
science becomes available or the IOC and Codex standards are 
revised, AMS will consider updating the grade standards as 
appropriate.

    AMS believes that the revised grade standards would facilitate the 
marketing of olive oil and olive-pomace oil, better reflect terms that 
are currently in use in the marketplace, provide definitions for olive 
oil and olive-pomace oil, promote truth in labeling, and provide a 
basis for enforcement by State and Federal agencies if these products 
are mislabeled.
    The official grades of olive oil and olive-pomace oil in these 
standards are covered by the procedures set forth in the Regulations 
Governing the Inspection and Certification for Processed Fruits and 
Vegetables, Processed Products Thereof and Certain Other Processed Food 
Products (7 CFR 52.1-52.83).
    The revised U.S. Standards for Grades of Olive Oil and Olive-Pomace 
Oil will become effective 180 days after publication of this notice in 
the Federal Register to allow sufficient time to implement the 
standards.

    Authority: 7 U.S.C. 1621-1627.

    Dated: April 22, 2010.
David R. Shipman,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 2010-9866 Filed 4-27-10; 8:45 am]
BILLING CODE 3410-02-P
```