NY State Senate Bill 2009-S2962

Archive: Last Bill Status Via A6604 - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 11, 2009	signed chap.315
Jul 31, 2009	delivered to governor
Jul 16, 2009	returned to assembly passed senate 3rd reading cal.523 substituted for s2962a
Jul 16, 2009	substituted by a6604a
Jun 04, 2009	advanced to third reading
Jun 03, 2009	2nd report cal.
Jun 02, 2009	1st report cal.523
Apr 21, 2009	print number 2962a
Apr 21, 2009	amend and recommit to agriculture
Mar 06, 2009	referred to agriculture

Votes

- Jul 16, 2009 - Floor Vote
  A6604
  
  57
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  5
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jul 16, 2009
      
      aye (57)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Monserrate
      
      Montgomery
      
      Morahan
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      Young
      
      excused (5)
      
      Diaz
      
      Foley
      
      Johnson
      
      Kruger
      
      Squadron

Bill Amendments

Original

A (Active)

2009-S2962 - Details

2009-S2962 - Summary

Relates to the labeling of oil olive; provides that the commissioner of agriculture and market shall develop standards for the labeling of olive oil, olive-pomace oil, refined olive oil and virgin olive oil which conform to national or other recognized standards.

2009-S2962 - Sponsor Memo

                                 BILL NUMBER:  S2962

 TITLE OF BILL :
An act to amend the agriculture and markets law, in relation to olive
oil products


 PURPOSE OR GENERAL IDEA OF BILL :
The purpose of this bill is to ensure that olive oil sold in the State
meets certain quality and labeling standards.

 SUMMARY OF SPECIFIC PROVISIONS :
The bill would require the Department of Agriculture and Markets to
promulgate rules and regulations for the production and labeling of
olive oil. The bill stipulates that such regulations shall
substantially comply with the standards of the prevailing
international voluntary consensus olive oil trade organization (the
International Olive Oil Council), or the standards for olive oil as
adopted by the US Food and Drug Administration when such standards
have been adopted. A manufacturer that fails to meet the standards
promulgated would be subject to enforcement by the Department for
selling a misbranded product. The bill would also prohibit additives
in virgin olive oils and restrict the concentration of
alpha-tocopherol in olive oil products to an amount not to exceed
220mg/kg.

 JUSTIFICATION :
U.S. standards for olive oil have not been updated since the late
1940's which makes it easy for some manufacturers and suppliers to cut
corners and quality. Connecticut and California have already passed
similar laws and the North American Olive Oil Association supports the
legislation.

In 2007, on two separate occasions, US Marshals along with FDA
investigators and New York District Investigators seized oil
misbranded and being sold as extra virgin olive oil and pomace olive
oil at a total estimated retail value of $705,000.00. The misbranded
oil was actually soybean oil which is significantly less expensive
than olive oil.

Lax food production and labeling standards can present a safety
hazard, especially to those with food allergies. An estimated 12
million people, including 3 million children suffer from food
allergies.  People with the most common food allergies such as soy,
peanuts, tree nuts, eggs, milk, wheat, fish and shellfish, or any food
allergy, should know if their virgin olive oil is pure.

 PRIOR LEGISLATIVE HISTORY :
None.

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect on the one hundred twentieth day after it
shall become a law. Effective immediately the Commissioner of
Agriculture and Markets is authorized to promulgate any rules or
regulations necessary for the implementation of this act on its
effective date.

2009-S2962 - Bill Text download pdf

co-Sponsors

2009-S2962A (ACTIVE) - Details

2009-S2962A (ACTIVE) - Summary

2009-S2962A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2962A

 TITLE OF BILL :
An act to amend the agriculture and markets law, in relation to olive
oil products


 PURPOSE OR GENERAL IDEA OF BILL :
The purpose of this bill is to ensure that olive oil sold in the State
meets certain quality and labeling standards.

 SUMMARY OF SPECIFIC PROVISIONS :
The bill would require the Department of Agriculture and Markets to
promulgate rules and regulations for the production and labeling of
olive oil. The bill stipulates that such regulations shall
substantially comply with the standards of the prevailing
international voluntary consensus olive oil trade organization (the
International Olive Oil Council), or the standards for olive oil as
adopted by the US Food and Drug Administration when such standards
have been adopted. Further, the bill provides that it shall be
unlawful for any person to manufacture, pack, possess, sell or offer
for sale any blended oil which purports to be an olive oil mixture
unless the container is permanently and conspicuously labeled
accordingly. A manufacturer that fails to meet the standards
promulgated would be subject to enforcement by the Department for
selling a misbranded product. The bill would also prohibit additives

in virgin olive oils and restrict the concentration of
alpha-tocopherol in olive oil products to an amount not to exceed
220mg/kg.

 JUSTIFICATION :
U.S. standards for olive oil have not been updated since the late
1940's which makes it easy for some manufacturers and suppliers to cut
comers and quality. Connecticut and California have already passed
similar laws and the North American Olive Oil Association supports the
legislation.

In 2007, on two separate occasions, US Marshals along with FDA
investigators and New York District Investigators seized oil
misbranded and being sold as extra virgin olive oil and pomace olive
oil at a total estimated retail value of $705,000.00. The misbranded
oil was actually soybean oil which is significantly less expensive
than olive oil.

Lax food production and labeling standards can present a safety
hazard, especially to those with food allergies. An estimated 12
million people, including 3 million children suffer from food
allergies.  People with the most common food allergies such as soy,
peanuts, tree nuts, eggs, milk, wheat, fish and shellfish, or any food
allergy, should know if their virgin olive oil is pure.

 PRIOR LEGISLATIVE HISTORY :
None.

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect on the one hundred twentieth day after it
shall become a law. Effective immediately the Commissioner of
Agriculture and Markets is authorized to promulgate any rules or
regulations necessary for the implementation of this act on its
effective date.

2009-S2962A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 2962--A                                            A. 6604--A

                       2009-2010 Regular Sessions

                      S E N A T E - A S S E M B L Y

                              March 6, 2009
                               ___________

IN  SENATE  --  Introduced  by  Sens. SAVINO, DIAZ, DILAN, KLEIN -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee  on  Agriculture  --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

IN ASSEMBLY -- Introduced by M. of A. ABBATE, DESTITO, PHEFFER, BENEDET-
  TO, LUPARDO, MILLMAN,  NOLAN,  COLTON,  KOON,  CYMBROWITZ,  STIRPE  --
  Multi-Sponsored  by  --  M. of A. ALESSI, AUBRY, BARRON, BROOK-KRASNY,
  CANESTRARI,  CARROZZA,  CUSICK,  DelMONTE,  FIELDS,  GALEF,  GIANARIS,
  GORDON,  HIKIND,  JAFFEE,  LENTOL, V. LOPEZ, MAGNARELLI, MAISEL, MENG,
  O'DONNELL, ORTIZ, REILLY, N. RIVERA, P. RIVERA,  ROBINSON,  SEMINERIO,
  SKARTADOS,  SWEENEY, TITONE -- read once and referred to the Committee
  on  Agriculture  --  committee  discharged,  bill   amended,   ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to  amend the agriculture and markets law, in relation to olive
  oil products

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  204-a  of  the  agriculture  and markets law, as
amended by chapter 431 of the laws  of  1948,  is  amended  to  read  as
follows:
  S 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 conspicuous-
ly 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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07236-04-9

S. 2962--A                          2                         A. 6604--A

  (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 CONDI-
TIONS, PARTICULARLY THERMAL CONDITIONS, THAT DO NOT LEAD TO  ALTERATIONS
IN  THE OIL, AND WHICH HAVE NOT UNDERGONE ANY TREATMENT OTHER THAN WASH-
ING, 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 INTERNA-
TIONAL 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.
  S 2. This act shall take effect on the one hundred twentieth day after
it  shall  have  become a law. Effective immediately the commissioner of
agriculture and markets is authorized to promulgate any rules  or  regu-
lations  necessary  for  the implementation of this act on its effective
date.

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Senate Bill S2962

Sponsored By

Archive: Last Bill Status Via A6604 - Signed by Governor

Jul 16, 2009 - Floor Vote

Floor Vote: Jul 16, 2009

Bill Amendments

2009-S2962 - Details

2009-S2962 - Summary

2009-S2962 - Sponsor Memo

2009-S2962 - Bill Text download pdf

co-Sponsors

2009-S2962A (ACTIVE) - Details

2009-S2962A (ACTIVE) - Summary

2009-S2962A (ACTIVE) - Sponsor Memo

2009-S2962A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2962

Share this bill

Sponsored By

Diane J. Savino

Archive: Last Bill Status Via A6604 - Signed by Governor

Bill Amendments

2009-S2962 - Details

2009-S2962 - Summary

2009-S2962 - Sponsor Memo

2009-S2962 - Bill Text download pdf

co-Sponsors

Ruben Diaz

Martin Malavé Dilan

Jeffrey D. Klein

2009-S2962A (ACTIVE) - Details

2009-S2962A (ACTIVE) - Summary

2009-S2962A (ACTIVE) - Sponsor Memo

2009-S2962A (ACTIVE) - Bill Text download pdf

Comments