NY Agric & Mkts L § 204-A (2021)
2021 New York Laws AGM - Agriculture and Markets Article 17 - Adulteration, Packing, and Branding of Food and Food Products 204-A - Olive Oil Mixtures.

§ 204-a. Olive  oil  mixtures.  It shall be unlawful for any person to manufacture, pack, possess, sell, offer for sale and/or expose for  sale any  compound  or  blended oil of any kind which purports to be an olive oil  mixture  unless  the   container   thereof   be   permanently   and conspicuously  labeled  "compound oil" or "blended oil" with a statement of the different ingredients thereof  and  the  specific  percentage  of olive oil, the total percentage of other vegetable oils and the specific percentage of each other ingredient comprising more than one-half of one per  centum  of  the  mixture.  1. As used in this section the following terms shall have the following meanings:  (a) "Olive oil" means the olive oil obtained solely from the fruit  of the  olive tree (olea europaea), to the exclusion of oils obtained using solvents or reesterification processes and of any mixture with  oils  of other  kinds.  For  the  purpose of product labeling such term means oil consisting of a blend of refined olive oil, and virgin  olive  oils  fit for  consumption  as  they  are  with a free acidity, expressed as oleic acid, of not more than one gram per hundred grams.  (b) "Olive-pomace oil" means oil obtained  by  treating  olive  pomace with  solvents  or  other  physical treatments, to the exclusion of oils obtained by reesterification processes and of any mixture with  oils  of other kinds.  (c) "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 free acidity, expressed as oleic acid, of not more than 0.3 grams per hundred grams.  (d) "Virgin olive oil" means those oils 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 have not undergone any treatment other than washing, decanting, centrifuging and filtration. Virgin olive  oils fit for consumption as they are include:  (1)  "extra virgin olive oil" which means virgin olive oil which has a free acidity, expressed as oleic acid, of not more than  0.8  grams  per hundred grams.  (2) "virgin olive oil" which means olive oil which has a free acidity, expressed as oleic acid, of not more than two grams per hundred grams.  (3) "ordinary virgin olive oil" which means virgin olive oil which has a  free acidity, expressed as oleic acid, of not more than 3.3 grams per hundred grams.   2. (a) No additives are permitted in virgin olive oils.  (b) The addition of alpha-tocopherol to refined olive oil, olive  oil, refined  olive-pomace  oil  and olive-pomace oil is permitted to restore natural tocopherol lost in the refining process.  The  concentration  of alpha-tocopherol in the final product shall not exceed 220mg/kg.   3. (a) The commissioner shall promulgate rules and regulations for the production  and  labeling  of olive oils and olive-pomace oils presented and sold for human consumption in intrastate commerce. Those regulations shall substantially comply with the standards  for  the  production  and labeling   of   olive  oil  and  olive-pomace  oils  of  the  prevailing international voluntary consensus  trade  organization  formed  for  the development  of  standards  on  characteristics and performance of olive products and the  promotion  of  trade  and  knowledge  related  to  the accurate  and  honest  presentation of such products, as amended, in the absence of specific federal standards of identity for olive oil.  (b) Failure to meet the standards promulgated  pursuant  to  paragraph (a)  of  this  subdivision  shall  render  olive  oil sold in intrastate commerce in the state misbranded.