California Assembly Bill 535, Olive Oil Labeling

Assembly Bill 535 established guidelines for how companies can use the word “California” on olive oil labels and other marketing materials. California Health and Safety Code (H&SC) Section 112875-112935 defines “olive oil” as an edible oil obtained solely from the fruit of the olive tree. The olive oil cannot be obtained using solvents or re-esterification processes, and a product labeled as “olive oil” cannot be mixed with other oils.

1. It is unlawful to manufacture, sell, offer for sale, give away, or possess “imitation olive oil” in California. Olive oil may be blended with other edible oils, as long as the blend is not labeled as olive oil or imitation olive oil. The blend must be clearly labeled as a blended vegetable oil.

2. Any olive oil product, processed, sold, or offered for sale that is labeled as “California Olive Oil” or uses words or images to indicate that California is the source of the olive oil, must be made of olive oil derived solely from olives grown in California.

For more detailed information, please visit California Legislative Information.

Organic

In the United States, the United States Department of Agriculture (USDA) regulates organic food products through the National Organic Program (NOP). The NOP sets the standards for what can be labeled as organic, including production, handling, labeling, and certification requirement.

Certification bodies accredited by these regulatory agencies are responsible for inspecting and certifying organic farms, processors, and handlers to ensure they meet the required organic standards. These certification bodies play a crucial role in the enforcement of organic regulations by conducting inspections, verifying compliance, and granting organic certification to eligible producers and businesses.

California Olive Oil Co-Packer is a certified organic handler through California Certified Organic Farmers (CCOF).

Are you a certified organic farm?

If you are a certified organic farm and would like to utilize our co-packing services your label/s will need to be added to our Organic System Plan. We will need you to provide the following:

1. Organic certificate

2. Product list, and

3. A photo of your label

Once we have these documents we will begin the process to have your labels added to our Organic System Plan. This process can take up to 1 month so please plan accordingly.

CCOF charges a label application fee for each new label added to the Organic System Plan.

Once your labels have been added to our organic system plan we will provide you with a copy of our CDPH Organic certificate, our CCOF Organic certificate, and a Client Profile from CCOF stating that your products have been added to our Organic System Plan.

Are you a private label owner?

If you purchased wholesale organic olive oil from a certified organic farm, and bottle into individual containers for retail sale, you are a Private Label Owner. All Private Label Owners must apply for organic certification. You can find a list of certifying agencies here.

In addition to applying for certification, we will need to add your label to our Organic System Plan. To do this we will need the following:

1. Organic certificate

2. Product list, and

3. Label draft (Please do not print your labels until you have received approval from a certifying agency)

The certificate and product list must come the farm (where the olives are grown), and the mill (where the olives were milled). You can request these documents from the representative you are working with at each location.

Once we have these documents we will begin the process to have your labels added to our Organic System Plan. This process can take up to 1 month so please plan accordingly.

CCOF charges a label application fee for each new label added to the Organic System Plan.

Once your labels have been added to our organic system plan we will provide you with a copy of our CDPH Organic certificate, CCOF Organic certificate, and a Client Profile from CCOF stating that your products have been added to our Organic System Plan.

Helpful Information

Organic Labels

Organic product labels must be reviewed and approved by a USDA-accredited certifying agent before being used in the marketplace. If this is a new product for you we highly recommend you do not print your labels until it has been reviewed by a certifying agent. We will walk you through the proper placement of information.

Can I Use The Word Organic On My Label?

In the United States, the USDA National Organic Program (NOP) is responsible for setting regulations for organic agricultural products that are either produced in the U.S. or imported for sale in this country.

In addition to setting requirements for how organic agricultural products are grown, processed and handled, the NOP also sets labeling requirements for these products. Labeling requirements are based on the percentage of organic ingredients in a product. If it’s an agricultural product intended for human consumption, use of the term organic requires certification.

Organic Labeling Categories

There are four distinct labeling categories for certified organic food products – 100% Organic, Organic, Made with organic ***, and specific organic ingredients.

Multi-ingredient agricultural products in the “Made with organic ***” category must contain at least 70 percent certified organic ingredients (not including salt or water).  These products may contain up to 30 percent of allowed non-organic ingredients.  All ingredients – including the 30 percent non-organic ingredients – must be produced without GMOs.

If a product meets these requirements, its label may include a statement like, “Made with organic oats and cranberries.”  A more generic statement like, “Made with organic ingredients,” is not allowed.*

Label Requirements (Specific to olive oil)

The Food and Drug Administration (FDA) is responsible for assuring that foods sold in the United States are safe, wholesome and properly labeled. For a detailed description of required information, placement, and font sizes you are encouraged to visit the FDA Food Labeling Guide and California Department of Food and Agriculture. The below information is provided only as a helpful tool, we encourage you to conduct further research.

1. Your label must specify the statement of identity.

   a. The labeling on each container shall indicate the specific grade of the olive oil product.

   b. If any olive oil is produced, processed, sold, offered for sale, given away or possessed in California, that indicates on its label “California Olive Oil” or uses words of similar import that indicates that California is the source of the oil, 100 percent of that oil shall be derived from olives grown in California.

   c. If reference is made to a specific region of olive oil in California, then at least 85% of the oil must be from olives grown in that region.

   d. If reference is made to a specific region in California, then at least 85% of the oil must be from olives grown in that region.

   e. If olive varietal names are used on the label, then varietals comprising 85% of the oil by weight must be listed in their order of dominance.

2. Net quantity statement.

3. Contact Information

   a. Name and address of the manufacturer, packer or distributor. Unless the name given is the actual manufacturer, it must be accompanied by a qualifying phrase which states the firm's relation to the product (e.g., “manufactured for” or “distributed by”);

   b. Street address if the firm name and address are not listed in a current city directory or telephone book;

   c. City or town;

   d. State (or country, if outside the United States); and

   e. ZIP code (or mailing code used in countries other than the United States). 21 CFR 101.5

4. Nutritional labels are required on most food products. Small businesses can claim an exemption from Nutritional Labeling requirements.

5. Food manufacturers are required to list all ingredients in the food, unless ingredients are subject to an exemption from this requirement such as incidental additives. You can find more information here.

6. If reference is made to a harvest date, then 100% of the olives used to make the oil must have been harvested during that time period.

7. The indication “First Cold Pressing” Cold pressing”, Cold extraction”, “Cold Crushed”, or similar language may be used only for “Extra Virgin Olive Oil “or “Virgin Olive Oil” extracted by mechanical means that do not lead to significant thermal alterations in the oil.

Additional information

Product dating is not required by Federal regulations.

Pursuant to Chapter 29, Part 2, Division 22 of the California Food and Agricultural Code (section 79800 et seq.) the below standard applies to California handlers of olives that are processed into olive oils, refined-olive oils and olive-pomace oils in the amount of 5,000 gallons or more during the period beginning July 1 through June 30 of any year and who sell their oils into the commercial channels of trade.

1. Declaration of a Use by Date is mandatory. It must be supported by technical evidence. The Use By shall be displayed as “Best if Used By” or “Use By”. The label shall include storage conditions necessary to ensure the validity of that date.