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Oregon Bulletin

March 1, 2012

Department of Agriculture, Chapter 603

Rule Caption: Standard of Identity for Olive Oil.

Adm. Order No.: DOA 3-2012

Filed with Sec. of State: 2-1-2012

Certified to be Effective: 2-1-12

Notice Publication Date: 12-1-2011

Rules Adopted: 603-051-0775, 603-051-0777, 603-051-0779, 603-051-0780, 603-051-0785

Subject: Establishes a standard of identity for olive oil and adopts United States Department of Agriculture designations for grades by reference. Implements labeling requirements and prohibits imitation olive oil in Oregon.

Rules Coordinator: Sue Gooch—(503) 986-4583

603-051-0775

Definitions

(1) “Federal Act” means the United States Standards for Grades of Olive Oil and Olive Pomace-Oil adopted by the Agricultural Marketing Service, United States Department of Agriculture effective October 25, 2010.

(2) “Imitation olive oil” means the mixture of any edible oil artificially colored or flavored that resembles olive oil.

(3) “Olive oil” used in this section includes the description of the food item and a type of the food item. When referring to the type of olive oil, a capital letter “T” in parentheses will follow the term “olive oil”; eg: olive oil (T).

(4) “Olive pomace” means the product remaining after the initial mechanical extraction of olive oil from olive tree fruits.

Stat Auth.: ORS 561.190, 616.230 & 616.761

Stat. Implemented: ORS 616.761
Hist.: DOA 3-2012, f. & cert. ef. 2-1-12

603-051-0777

Standards of Identity

(1) The standard of identity for olive oil products are:

(a) “Olive oil” is the oil obtained solely from the fruit of the olive tree (Olea europaea L.), to the exclusion of oils obtained using solvents or re-esterification processes and of any mixture with oils of other kinds and will meet the minimum requirements of Table I in the federal Act.

(A) Types of olive oil are:

(i) Olive oil (T);

(ii) Refined Olive Oil.

(b) “Virgin olive oils” are the oils obtained from the fruit of the olive tree solely by mechanical or other physical means under conditions, including thermal conditions, that do not lead to alterations in the oil, and which have not undergone any treatment other than washing, decantation, centrifugation, and filtration and will meet the minimum requirements of Table I in the federal Act. No additives of any kind are permitted.

(A) Types of virgin olive oil are:

(i) Extra virgin olive oil;

(ii) Virgin olive oil;

(iii) Lampante virgin olive oil. Lampante virgin olive oil may also be called “Virgin olive oil not fit for human consumption without further processing”.

(c) “Olive-pomace oil” is the oil obtained by treating olive pomace with solvents or other physical treatments, to the exclusion of oils obtained by synthetic processes and mixture with oils of other kinds and will meet the minimum requirements of Table I in the federal Act. Alpha-tocopherol is permitted to restore natural tocopherol lost in the refining process for refined olive pomace and olive-pomace oil. Maximum level: 200 mg/kg of total alpha-tocopherol is permitted in the final product.

(A) Types of olive-pomace oil are:

(i) Olive-pomace oil;

(ii) Refined olive-pomace oil;

(iii) Crude olive-pomace oil.

(2) For purposes of this section, “ordinary virgin oil” in ORS 616.761 has the same meaning as “lampante virgin olive oil” as defined in the federal Act.

(3) A person may not prepare, mix, blend, or express olive pomace or meats with any bland fixed oil other than olive oil.

(4) A person may not use artificial coloring or flavoring in the manufacture or blending of olive oil or olive-pomace oil.

(5) “Flavored olive oil” is olive oil meeting the standard of identity in section (1) and grade defined in the federal Act that has been mixed with a flavoring or olives that are processed into oil with any fruit, vegetable, nut, seed, or spice and the product resulting from either process contains not less than 90 percent olive oil meeting the standard of identity in section (1) and grade defined the federal Act.

Stat Auth.: ORS 561.190, 616.230 & 616.761

Stat. Implemented: ORS 616.761
Hist.: DOA 3-2012, f. & cert. ef. 2-1-12

603-051-0779

Grades of Olive Oil; Adoption of Federal Regulations

The United States Standards for Grades of Olive Oil and Olive Pomace-Oil adopted by the Agricultural Marketing Service, United States Department of Agriculture effective October 25, 2010 are hereby adopted as the standards for the State of Oregon for olive oil and olive pomace-oil grades. A copy of such federal standards is filed herewith and by this reference made a part hereof.

Stat Auth.: ORS 561.190, 616.230 & 616.761

Stat. Implemented: ORS 616.761
Hist.: DOA 3-2012, f. & cert. ef. 2-1-12

603-051-0780

Labeling Requirements

(1) Only olive oil meeting the standards of identity in OAR 603-051-0777(1)(a)-(b) and grade in the federal Act will be labeled as “olive oil”.

(2) Olive oil meeting the standard of identity in OAR 603-051-0777(1) and grade in the federal Act will be labeled with the corresponding U.S. grade and the label will comply with the requirements of ORS 616.205 to 616.385.

(3) The following types of olive oil and olive pomace-oil will be labeled “not for human consumption”:

(a) Lampante virgin olive oil;

(b) Crude olive-pomace oil

(4) Mixtures or blends of olive oil and other oils may not be labeled as “olive oil”.

(5) Olive-pomace oils may not be labeled as “olive oil”.

(6) Flavored olive oil will not be labeled as “extra virgin olive oil”, will be distinguished from “olive oil” on the principal display panel, and will be labeled for sale as an olive oil that has been flavored in accordance with the provisions of the 2010 version of Title 21, Chapter 1, Part 101 of the Code of Federal Regulations.

Stat Auth.: ORS 561.190, 616.230 & 616.761

Stat. Implemented: ORS 616.761
Hist.: DOA 3-2012, f. & cert. ef. 2-1-12

603-051-0785

Prohibition of Imitation Olive Oil

A person may not manufacture, produce, process, pack, expose, sell, offer for sale, possess, dispense, supply, or give away imitation olive oil.

Stat Auth.: ORS 561.190, 616.230 & 616.761

Stat. Implemented: ORS 616.761
Hist.: DOA 3-2012, f. & cert. ef. 2-1-12


 

Rule Caption: Standard of identity for honey.

Adm. Order No.: DOA 4-2012

Filed with Sec. of State: 2-9-2012

Certified to be Effective: 2-9-12

Notice Publication Date: 12-1-2011

Rules Adopted: 603-051-0366

Rules Amended: 603-051-0365, 603-051-0370, 603-051-0375, 603-051-0390, 603-051-0395

Rules Repealed: 603-051-0380, 603-051-0385

Subject: Establishes a standard of identity for honey and adopts United State Department of Agriculture designations for grade and color. Repeals Oregon “Determination of Density” and “Application of Tolerance” standards because these are inconsistent with federal standards. Amends honey requirement to follow modern industry labeling conventions.

Rules Coordinator: Sue Gooch—(503) 986-4583

603-051-0365

Definitions

As used in OAR 603-051-0366 through 603-051-0395, unless otherwise required by the context, the following terms will be construed, respectively, to mean:

(1) “Air bubble” means the small visible pockets of air in suspension that may be numerous in the honey and contribute to the lack of clarity in filtered style.

(2) “Bees” means honey-producing insects of the genus Apis and includes the adults, eggs, larvae, pupae or other immature stages thereof.

(3) “Comb” means the wax like cellular structure that bees use for retaining their brood or as storage for pollen and honey.

(4) “Crystallize” means the spontaneous solidification of the natural glucose content from solution as the monohydrate.

(5) “Floral source” means the flower from which the bees gather nectar to make honey.

(6) “Food” has the definition provided in ORS 616.205(8).

(7) “Food additive” has the definition provided in ORS 616.205(9).

(8) “Granulate” means the initial formation of crystals in honey.

(9) “Honey” means the natural sweet substance produced by bees resulting from the harvest of plant nectar or plant secretions that has been collected and transformed by the deposition, dehydration, and storage in comb to ripen and mature.

(10) “Pollen grain” means the granular, dust-like microspores that bees gather from flowers. Pollen grains in suspension contribute to the lack of clarity in filtered style.

Stat. Auth.: ORS 561.190, 632.900 – 632.980 & HB 2947 enrolled
Stats. Implemented: ORS 632.900 – 632.980 & HB 2947 enrolled
Hist.: AD 152, f. 11-12-43, ef. 1-29-44; DOA 4-2012, f. & cert. ef. 2-9-12

603-051-0366

Standard of identity for honey

Honey will meet the following standards:

(1) Honey may not be heated or processed to such an extent that its essential composition is changed or its quality is impaired.

(2) Chemical or biochemical treatments may not be used to influence honey crystallizations.

(3) Honey may not contain more than 21 percent moisture content.

(a) Water may not be added to honey in the course of extraction or packing for sale or resale as honey.

(b) Heather honey may contain up to 23 percent moisture content.

(4) Honey may not be less than 60g/100g fructose and glucose, combined; the ratio of fructose to glucose will be greater than 0.9.

(5) Honey will not exceed five (5) percent sucrose except for honey from the nectar of the plants:

(a) alfalfa (Medicago sativa); citrus spp; false acacia (Robinia pseudoacacia); french honeysuckle (Hedysarum); menzies banksias (Banksia menziesii); red gum (Eucalyptus camaldulensis); leatherwood (Eucalyptus lucida); and eucryphia milligani which may contain up to 10 percent sucrose; or

(b) lavender (Lavandula spp) and borage (Borago officinalis) which may contain up to 15 percent sucrose.

(6) Honey may not contain food additives.

(7) Extracted honey may not contain more than .05g/1000g water insoluble solids.

Stat. Auth.: ORS 561.190, 632.900 – 632.980 & HB 2947 enrolled
Stats. Implemented: ORS 632.900 – 632.980 & HB 2947 enrolled
Hist.: DOA 4-2012, f. & cert. ef. 2-9-12

603-051-0370

Types and styles of honey

(1) “Extracted honey” is honey that has been separated from the comb by centrifugal force, gravity, straining, or other means, and is identified in the following types:

(a) “Liquid honey” is honey free from visible crystals;

(b) “Crystallized honey” is honey that is solidly granulated or crystallized, irrespective of whether candied, fondant, creamed or spread types of crystallized honey;

(c) “Partially crystallized honey” is honey that is a mixture of liquid honey and crystallized honey.

(2) Extracted honey styles are:

(a)(A) “Filtered” honey is honey of any type defined in these standards having been filtered to the extent that most of the fine particles, pollen grains, air bubbles, or other materials normally found in suspension, have been removed;

(B) Honey will not be filtered to the extent that the filtration removes unnatural chemicals or elemental contaminants.

(b) “Strained” honey is honey of any type defined in these standards having been strained to the extent that most of the particles, including comb, propolis, or other defects normally found in honey, have been removed. Pollen grains, small air bubbles, and very fine particles would not normally be removed.

(3) “Comb honey” is the type of honey stored by bees in the cells of freshly built broodless combs and is sold in sealed whole combs or sections of such combs.

(4) “Chunk honey” is the type of honey whereby comb honey is surrounded by extracted honey.

Stat. Auth.: ORS 561.190, 632.900 – 632.980 & HB 2947 enrolled
Stats. Implemented: ORS 632.900 – 632.980 & HB 2947 enrolled
Hist.: AD 152, f. 11-12-43, ef. 1-29-44; DOA 4-2012, f. & cert. ef. 2-9-12

603-051-0375

Grades

The United States Standards for Grades of Extracted Honey adopted by the Agriculture Marketing Service, United States Department of Agriculture effective May 23, 1985 are hereby adopted as the standards for the State of Oregon for extracted honey grades. A copy of such federal standards is filed herewith and by this reference made a part hereof.

Stat. Auth.: ORS 561.190, 632.900 – 632.980 & HB 2947 enrolled
Stats. Implemented: ORS 632.900 – 632.980 & HB 2947 enrolled
Hist.: AD 152, f. 11-12-43, ef. 1-29-44; DOA 4-2012, f. & cert. ef. 2-9-12

603-051-0390

Color

The United States Standards for Grades of Extracted Honey adopted by the United States Department of Agriculture effective May 23, 1985 are hereby adopted as the standards for the State of Oregon for extracted honey color. A copy of such federal standards is filed herewith and by this reference made a part hereof.

Stat. Auth.: ORS 561.190, 632.900 – 632.980 & HB 2947 enrolled
Stats. Implemented: ORS 632.900 – 632.980 & HB 2947 enrolled
Hist.: AD 152, f. 11-12-43, ef. 1-29-44; DOA 4-2012, f. & cert. ef. 2-9-12

603-051-0395

Labeling Requirements

(1) The name of the food meeting the standard of identity in OAR 603-051-0366 is “honey”.

(2) Honey in a liquid or crystalline state or a mixture of the two will be labeled as “honey”.

(3) Comb honey will be labeled as “comb honey” or “cut comb honey”.

(4) Chunk honey may be labeled as “cut comb in honey”, “honey with comb” or “chunk honey”.

(5) Food containing honey and any flavoring, spice or other ingredient or if honey is processed in such a way that a modification to honey occurs that materially changes the flavor, color, viscosity or other material characteristic of honey, then such foods will be distinguished in the food name from honey by declaration of the food additive modification.

(6) Honey may be designated according to floral source if the honey comes predominantly from that particular source and has the organoleptic, physiochemical and microscopic properties corresponding with that origin. Honey designated according to the honey’s floral source in section (6) will have the common name or the botanical name of the floral source in close proximity or conjoined to the word “honey”.

(7) All labels, containers and food associated with the containers will meet the requirements of ORS 616.205 to 616.385.

Stat. Auth.: ORS 616 & HB 2947 enrolled
Stats. Implemented: ORS 632.900 – 632.980 & HB 2947 enrolled
Hist.: AD 152, f. 11-12-43, ef. 1-29-44; DOA 4-2012, f. & cert. ef. 2-9-12

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2011.

2.) Copyright 2012 Oregon Secretary of State: Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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