2023 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.