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.