Bill Text: CA AB535 | 2021-2022 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Olive oil: labeling.
Spectrum: Strong Partisan Bill (Democrat 13-1)
Status: (Passed) 2021-10-04 - Chaptered by Secretary of State - Chapter 466, Statutes of 2021. [AB535 Detail]
Download: California-2021-AB535-Amended.html
Bill Title: Olive oil: labeling.
Spectrum: Strong Partisan Bill (Democrat 13-1)
Status: (Passed) 2021-10-04 - Chaptered by Secretary of State - Chapter 466, Statutes of 2021. [AB535 Detail]
Download: California-2021-AB535-Amended.html
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Amended
IN
Senate
June 09, 2021 |
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Amended
IN
Assembly
March 18, 2021 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Assembly Bill
No. 535
| Introduced by Assembly Member Aguiar-Curry (Coauthors: Assembly Members (Coauthors: Senators Dodd, Eggman, Hurtado, Jones, and Wiener) |
February 10, 2021 |
An act to amend Section 112895 of the Health and Safety Code, relating to food labeling.
LEGISLATIVE COUNSEL'S DIGEST
AB 535, as amended, Aguiar-Curry.
Olive oil: labeling.
Existing law makes it unlawful to produce, process, sell, offer to sell, or possess olive oil that indicates on its label “California Olive Oil,” or uses similar words to indicate that California is the source of the oil, unless 100% of that oil is derived from olives grown in California. Existing law also requires that 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, be made of oil at least 85% of which, by weight, is derived from olives grown in that region. Existing law makes the violation of these provisions a misdemeanor.
This bill would instead prohibit the representation on the label
any reference to California or any other representation on the principal display panel of any container of olive oil that all of 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 of the olives used to produce the olive oil were grown in California. The bill would also prohibit labeling a container of olive oil with a label principal display panel indicating or representing that the olives used to produce the olive oil were grown in a specific
region of California, unless at least 85% of the olive oil, by weight, was produced from olives grown in that specific region. The bill would provide that these prohibitions apply to representations made in a brand name, label, advertising matter, packaging material, invoice, tag, sign, and other oral, written, or printed representation of any kind. The bill would authorize the State Department of Public Health to seize and dispose of olive oil labeled in violation of this section.
By changing the scope of a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill
would provide that no reimbursement is required by this act for a specified reason.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
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) (1) It is unlawful to make any representation that an olive oil is produced entirely from olives grown within California unless the representation is
true.
(2) It is unlawful to label any olive oil with a representation container of olive oil with any reference to California or any other representation on the principal display panel 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.
(3) It is unlawful to label any olive oil with a label
container of olive oil with a principal display panel 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.
(4)This section applies to representations made in a brand name, label, advertising matter, packaging material, invoice, tag, sign, and other oral, written, or printed representation of any kind.
(5)The department may seize olive oil labeled in violation of this section, regardless of where
found, and may dispose of the olive oil.
(d) 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.
(e) 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.
(f) Olive-pomace oil shall not be labeled as olive oil.
