[Federal Register Volume 75, Number 81 (Wednesday, April 28, 2010)]
[Notices]
[Pages 22363-22368]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-9866]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
[Doc. No. AMS-FV-08-0073; FV-08-329]
United States Standards for Grades of Olive Oil and Olive-Pomace
Oil
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Notice.
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SUMMARY: The Agricultural Marketing Service (AMS) of the Department of
Agriculture (USDA) is revising the United States Standards for Grades
of Olive Oil. This revision includes updated terms consistent with
objective criteria for determining quality and purity among the grades
of olive oil and olive-pomace oil commonly accepted in the United
States and abroad. The revision will facilitate the marketing of olive
oil and olive-pomace oil, employ terms consistent with the marketplace,
provide definitions for olive oil and olive-pomace oil, promote truth
in labeling, and provide a basis for enforcement by State and Federal
agencies if these products are mislabeled.
DATES: Effective Date: October 25, 2010.
ADDRESSES: Copies of the revised U.S. Standards for Grades of Olive Oil
and Olive-pomace oil are available from Processed Products Branch,
Fruit and Vegetable Programs, Agricultural Marketing Service, U.S.
Department of Agriculture, 1400 Independence Avenue, SW., Room 0709,
South Building; STOP 0247, Washington, DC 20250 or on the Internet at
http://www.regulations.gov or http://www.ams.usda.gov/processedinspection.
FOR FURTHER INFORMATION CONTACT: Chere L. Shorter, Inspection and
Standardization Section, Processed Products Branch, Fruit and Vegetable
Programs, Agricultural Marketing Service, U.S. Department of
Agriculture, phone (202) 720-5021; or fax (202) 690-1527.
SUPPLEMENTARY INFORMATION: Section 203(c) of the Agricultural Marketing
Act of 1946, as amended, directs and authorizes the Secretary of
Agriculture ``to develop and improve standards of quality, condition,
quantity, grade, and packaging, and recommend and demonstrate such
standards in order to encourage uniformity and consistency in
commercial practices.'' AMS is committed to carrying out this authority
in a manner that facilitates the marketing of agricultural commodities
and makes copies of official standards available upon request. Those
United States Standards for Grades of Fruits and Vegetables that no
longer appear in the Code of Federal Regulations are maintained by
USDA/AMS/Fruit and Vegetable Programs at http://www.ams.usda.gov/processedinspection.
AMS is revising the U.S. Standards for Grades of Olive Oil using
the procedures that appear in part 36 of Title 7 of the Code of Federal
Regulations (7 CFR part 36).
Background
AMS received a petition from the California Olive Oil Council
(COOC), an association of domestic olive oil producers, requesting the
revision of the United States Standards for Grades of
[[Page 22364]]
Olive Oil, to reflect current industry standards commonly accepted in
the United States and abroad.
The revision replaces the first edition of the U.S. grade
standards, effective since March 22, 1948 that used grades of ``U.S.
Grade A'' or ``U.S. Fancy,'' ``U.S. Grade B'' or ``U.S. Choice,''
``U.S. Grade C'' or ``U.S. Standard,'' and ``U.S. Grade D'' or
``Substandard,'' to denote levels of quality. These terms are not
consistent with today's terminology for olive oil within the industry.
The U.S. industry requested the revision because they wanted to create
fairness in the marketplace. The COOC contend that because there is no
definition for olive oil in the U.S., some unscrupulous blenders can
produce low quality olive oil or olive-pomace oil and market it as
extra virgin olive oil at a premium price.
The petitioners requested that the U.S. grade standards be revised
to make them consistent with the International Olive Council (IOC)
trade standards for olive and olive-pomace oil. The IOC develops
standards of quality used by major olive oil producing countries,
including Spain, Italy, Greece, Portugal, and Turkey. The IOC is an
intergovernmental organization created by the United Nations that is
headquartered in Madrid, Spain representing the marketing of over 95
percent of the world's olive oil production. The IOC is responsible for
administering the International Agreement on Olive Oil. The United
States is not a member of the IOC but has observer status. The COOC
adheres, for the most part, to these international standards.
The petitioners originally requested that no value be provided for
linolenic acid in the fatty acid profile pending the outcome of a
review of the appropriate fatty acid limits for linolenic acid by the
Codex Alimentarius Commission (CAC) but then agreed to set a limit for
linolenic acid consistent with commercial practices in the domestic
industry. The CAC is a United Nations organization through which member
countries, including the United States, formulate and harmonize
international food standards. To date, the CAC has not made a decision
on the appropriate fatty acid limits for linolenic acid and leaves this
limit to individual governments to decide.
AMS published a Notice in the November 8, 2004, Federal Register
(69 FR 64713) with a thirty day comment period to determine the
interest in revising the U.S. grade standards in response to the
request by COOC.
Thirty commenters responded to the Federal Register notice. All of
the comments are available on the AMS Web site located at http://www.ams.usda.gov/processedinspection. In general, the commenters agreed
that there should be clearly defined quality ratings. Additionally,
several commenters requested that USDA create an organoleptic sensory
panel to perform organoleptic analyses and establish a laboratory or
accredit one or more labs that would perform the analyses following IOC
trade standards. AMS concluded that there was positive interest in
revised U.S. grade standards for olive oil.
AMS then published a Notice in the June 2, 2008, Federal Register
(73 FR 31426) with a sixty-day comment period to garner comments on its
proposed U.S. grade standards. Twenty-six commenters responded to the
Federal Register notice including producers, consumers, trade
associations, government agencies, and representatives. Comments were
received from the United States, Australia, Argentina, New Zealand,
Portugal, Spain, and Tunisia. All of the comments are available on
http://www.regulations.gov.
The proposed grade standards were largely based on the
International Olive Oil (IOC) Standards. The IOC standards are
recognized by the vast majority of the world's olive oil producers and
marketers including the COOC. The International standards list nine
grades of olive oil in two primary categories--(1) Olive Oil and (2)
Olive-pomace oil.
The revised U.S. grade standards include the same requirements as
the IOC standard except for the limits for linolenic acid and
campesterol. These differences were requested by COOC and were listed
in the proposed standards for comment. Also, the definition for
``ordinary olive oil'' was removed because of its limited recognition
and unpalatability. For this reason, the revised U.S grade standards
are limited to eight grades instead of nine. Linolenic acid is one of
13 fatty acids that are analyzed to determine the purity of the olive
oil or olive-pomace oil. Campesterol is another component of olive oil
and olive-pomace oil. The revised grade standards provide for slightly
larger limits for both of these components to account for domestic
variation from the IOC limits. The revised grade standards list 22
tests that are performed to assure that the olive oil meets the purity
and quality requirements. The quality tests include organoleptic
characteristics such as flavor, odor, color, free fatty acid content,
peroxide value (denotes rancidity), and absorbance in ultra-violet (UV)
light (denotes quality and degree of processing). The remaining tests
are performed to ascertain if the product is of olive origin, to
determine if the product was refined or unprocessed, or to meet other
quality requirements. The virgin olive oil category, which includes
extra virgin olive oil, is unprocessed. Olive oil and olive-pomace oil
are processed and refined. The revised grade standards do not apply to
olive oil blends, i.e., olive oil mixed with herbs, spices, fruits,
vegetables, or other oils.
The 22 tests include free fatty acid content, peroxide value,
organoleptic criteria, absorbency in ultraviolet, fatty acid
composition (including linolenic acid); trans fatty acid content;
desmethylsterol composition, total sterol content (including
campesterol); stigmastadiene content; saturated fatty acid content at
the 2-position in triglycerides; sum of palmitic and stearic acids;
percent fatty acids in the 2 position; maximum difference between
actual and theoretical Equivalent Carbon Number (ECN) 42 triglyceride
content; erythrodiol and uvaol content; wax content; food additive
(alpha tocopherol); moisture and volatile matter; insoluble impurities;
flash point; trace metals; unsaponifiable matter; heavy metal;
pesticide residues; and halogenated solvents. The tests and their
purpose are explained in more detail in the revised U.S. grade
standards at http://www.regulations.gov or http://www.ams.usda.gov/processedinspection.
The comments can be summarized into one of the following
categories: technical clarifications, testing limit tolerances,
implementation of the grade standards, and editorial corrections
(omissions, format, and spelling). With one exception, all of the
comments were in support of the proposed U.S. grade standards and many
recommendations were made.
Technical Clarifications
Several of the commenters noted that the IOC trade standard was
revised in 2006. That revision changed the limits for stigmastadiene in
virgin olive oil from 0.15 parts per million (ppm) to 0.10 ppm and 5.0
ppm in crude olive-pomace oil. The revised trade standard also
substituted a method of analysis and limits for the saturated fatty
acid content at the two-position in triglycerides. This test is used to
determine if the oil has been re-esterified or if the oil was
substituted with animal fat. This analysis was replaced by a more
precise analysis, the content of 2-glyceryl monopalmitate and new
limits for palmitic acid (a fatty
[[Page 22365]]
acid). Several commenters also noted that the test, ``aspect (degree of
cloudiness) at 20 degrees after 24 hours,'' for virgin olive oils could
result in either a cloudy or clear product. The proposed grade
standards incorrectly provided for a cloudy result. Some noted that the
``absorbency in ultra-violet'' test at K232 is an optional test in the
IOC trade standard. Several noted that the proposed standards should
include more objective terms for flavor in virgin olive oil and refined
olive oil other than ``good'' and ``excellent.'' One commenter wanted
the grade standards to clearly state that olive-pomace oil must not be
labeled as olive oil. The commenter also wanted the grade standards to
clearly state that alpha-tocopherol, a naturally occurring component in
olive oil removed during the refining process, is added back only to
the refined oils. Several commenters noted that the peroxide value
increases in the first stages of rancidity and drops off in later
stages and suggested that a clarification be made in the definition
section of the proposed grade standards. AMS recognizes the
aforementioned recommendations as technically valid and revised the
proposed grade standards accordingly.
The specifics of these and related comments and AMS responses are
summarized below:
(1) Comment: Section 52.1531 (a) Define or leave out the term
``sound'' as in sound fruit in the product description since olive
oil is often pressed with slightly damaged olives.
AMS agrees. Utilizing only sound olives for pressing olive oil
implies that all of the olives must meet a certain minimum quality.
This is not necessarily the case since the use of cull fruit is
often utilized in the production of olive oil and is perfectly
acceptable. This may be self limiting in that the use of damaged
fruit results in a poor quality olive oil that would not meet the
virgin category (highest quality) but could meet the other
categories. The text is revised to read, ``Olive oil is the oil
obtained solely from wholesome 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.''
(2) Comment: Section 52.1534. Olive oils are not graded solely
on the basis of flavor and odor and free fatty acid content.
AMS agrees. Olive oil is graded on a variety of characteristics
which are listed in the revised grade standards. While this was
provided for in the proposed grade standards, AMS has clarified the
product descriptions for each category, referring to Tables I
through III.
(3) Comment: Section 52.1534 (a)-(d) and 52.1535. Flavor
descriptors such as excellent, good, reasonably good, and poor are
too subjective and should be linked with median scores.
AMS disagrees that the descriptors are too subjective. In fact,
median scores were listed where appropriate (i.e., the virgin
category) in both the proposed and in these revised grade standards.
The descriptors apply to olive oil and olive-pomace oil and in
addition, the virgin category provides for median scores that have
been linked with the descriptor. However, ``reasonably good'' has
been changed to ``acceptable'' in this revision. These terms are
consistent with other standards. Accordingly, no other changes are
made as a result of this comment.
(4) Comment: Section 52.1535 Change ``may'' to ``must'' to read,
``Olive-pomace oil must or shall not be labeled as olive oil.''
AMS agrees. Olive oil and olive-pomace oils are considered two
separate products and shall be labeled accordingly. The revised text
will read, ``Olive-pomace oils shall not be labeled as olive oil''
to indicate that the names are not used interchangeably. This is
consistent with Food and Drug Administration (FDA) labeling
practices that appear in the Code of Federal Regulations (CFR) 21
CFR Section 101.3.
(5) Comment: Section 52.1539, Aspect at 20 degrees after 24
hours. Extra virgin and virgin olive oils can be filtered and
therefore limpid (clear) or unfiltered and be cloudy.
AMS agrees. It was originally thought that cloudy olive oil held
at a certain temperature indicated that the product was virgin oil
and that this test would easily indicate this fact. Since this is
not the case, the aspect test being of secondary importance was
moved to Table III, making it an optional test and revised the
definition in Section 52.1538 accordingly.
(6) Comment: In section 52.1538, the term ECN always refers to
ECN 42 and the definition must be ``the triacylglycerols with
equivalent carbon number 42.'' The table should indicate that ECN 42
is an absolute number.
AMS agrees that ECN 42 is an absolute number since it is the
difference between the two numbers, the actual Equivalent Carbon
Number 42 (ECN 42) triacylglycerol content and the theoretical
amount. Evaluation of these components is used for the detection of
seed oils and verifies authenticity and origin of oils. No change to
the standards is necessary as a result of this comment.
(7) Comment: Section 52.1538 the definition for erythrodiol and
uvaol should read `` * * * two triterpenic dialcohols.''
AMS agrees that the definition should have been more specific.
The proposed grade standards described these as alcohols. The text
is changed to read ``Two triterpenic dialcohol components found in
olive oil and olive-pomace oil.'' The levels of these specific
dialcohols differentiate oils that were pressed from oils that were
produced by solvent extraction.
(8) Comment: Section 52.1538, the term glyceridic structure
definition describes only a monoglyceride.
AMS agrees that the definition needs further clarification.
Therefore, AMS is revising the text as follows: ``The structure of
esters (any class of organic compounds corresponding to an inorganic
salt formed from an acid by replacement of the hydrogen by an alkyl
radical) consisting of glycerol and fatty acids.''
(9) Comment: Section 52.1538 the fusty and muddy-sediment
attributes have been combined in the revised method for organoleptic
assessment of virgin olive oils. Putrid relates to the muddy-
sediment defect rather than rancid flavor defect.
AMS believes that the two defects fusty and muddy-sediment
should be separate because these defects have two distinct
attributes. Sediment often forms at the bottom of containers of
virgin olive oil. This vegetable water can ferment and cause a
defect in flavor, i.e., muddy or putrid. The putrid description for
the rancid definition was removed. Rancid was described as varnish,
paint, or seed-like odors. Fusty is a flavor defect attributable to
poor storage conditions of the olives, usually promoting the
bacterial growth of the Clostridium and Pseudomonas genera and
smelling of decay, mildew, or mustiness. Appropriate changes to the
text have been made as a result of this comment.
(10) Comment: In Section 52.1538, the organoleptic definition
should include odor characteristics on a continuous scale.
AMS agrees in part. The proposed definition referred to flavor
and odor as the typical flavor and odor of olive oil or olive-pomace
oil produced from olives and the degree of positive attributes such
as, but not limited to olive, apple, green, sweet, grass, nutty,
tomato and some negative attributes, such as, but not limited to
musty, fusty, winey-vinegary, muddy-sediment, and rancid. For virgin
olive oil, these organoleptic characteristics are assessed on a
continuous scale by a panel of tasters. However, rather than
changing the definition of organoleptic as suggested by the
commenter, AMS believes it is more appropriate to change the
definition of flavor and odor. Such changes to the text have been
made as appropriate.
(11) Comment: In Section 52.1538, the definition for peroxide
value needs to clarify that in the first stage of oxidation,
peroxide values increase and in the second stage, peroxide values
decrease even though the product is oxidized.
AMS agrees that in the proposal, the definition did not explain
the stages of oxidation. The revised definition makes this
clarification to the text.
(12) Comment: In Section 52.1538, the definition for 2-glyceryl
monopalmitate content, add ``re-esterified or animal fat has been
added'' as in the IOC trade standard.
AMS agrees. The IOC and Codex trade standards were revised in
2006 and replaced the ``saturated fatty acid content at the two
position in the triglycerides'' test with a more specific test
called ``2-glyceryl monopalmitate content determination.''
Therefore, the definition in the revised text will read, ``This test
is used to determine if the oil has been re-esterified by synthetic
means or by addition of animal fat.'' Fats and oils are naturally
occurring esters. An ester can be synthetically formed by the
reaction between an acid and an alcohol. AMS also has made a
corresponding change to Table II.
(13) Comment: In Section 52.1538, trans fatty acids are produced
not only during hydrogenation but also during refining if the
temperature is high. The contents of trans-oleic, trans-linoleic,
and trans-linolenic acid are related to the deodorization and de-
coloring steps.
[[Page 22366]]
AMS agrees and has revised the definition for trans-fatty acids.
The revised text now states, ``When oil is partially hydrogenated or
refined, trans conformation refers to which side of the fatty acid
double bond the hydrogen is on. The trans conformation refers to
hydrogen found on opposite sides of the double bond. Olive oil in
its natural state is not a trans fatty acid because it has not been
partially hydrogenated or refined. This test is used to determine if
any processing has taken place such as, deodorization or de-
coloring.''
(14) Comment: In Section 52.1539 (Table I) Color. Color is not
related to oil quality so what is the point of including this in the
grading? An objective method for determining color such as the
Association of Official Analytical Chemists method is suggested.
AMS believes that even though color is not part of the grade, it
provides information on the product and should remain in the grade
standard. AMS added descriptions for the virgin olive oil category
for consistency since the IOC trade standard provides color
descriptions for olive oil and olive-pomace oil. The typical color
of olive oil varies from light yellow to green. Olive-pomace oil may
vary from light yellow to light green, brownish yellow, dark green,
brown or black (for crude olive-pomace oil). The color will be
evaluated as either normal or off color. Accordingly, AMS believes
there is no need to make changes to this section.
(15) Comment: The stigmastadiene current limit in the IOC trade
standard revised in 2006 is 0.10 mg/kg for extra virgin olive oils.
The limit for crude olive oil should be 5.0 mg/kg. The limits for
refined olive oil, olive oil and olive-pomace oil are not necessary
because this measurement determines the degree of refining.
AMS agrees and has made corresponding changes in the Table
because the stigmastadiene limits were revised in both the IOC and
Codex standards in 2006. The stigmastadiene test was moved from
Table II to Table I. This test will be a required test for all lots
submitted to AMS because it aids in detecting whether the oil has
been refined and or mixed with refined oil.
(16) Comment: The limit for alpha-tocopherol of zero in extra
virgin and virgin olive oils is not correct because these contain
naturally occurring alpha-tocopherol which is removed during the
refining process of producing olive-pomace oil.
AMS agrees. Alpha-tocopherol is naturally occurring in olive oil
but is removed during processing and added back to refined olive oil
and olive-pomace oil at a limit of 200 mg/kg. Accordingly, the table
will be revised to note ``Not applicable'' for unrefined oils. This
test is only necessary to assure that the limits have not been
exceeded in refined oils.
(17) Comment: List K232 as an optional item due to varying
levels and lack of importance.
AMS agrees and has addressed this suggestion in a footnote in
Table I. This provision is not in the Codex standard but is
mentioned in the IOC trade standard. The IOC trade standard
indicates that this determination is solely for application by
commercial partners on an optional basis. The new footnote indicates
that this test is optional.
Tolerances for Linolenic Acid and Campesterol
Several commenters noted that campesterol (one of several sterols
found in olive oil) and limits for linolenic acid needed to conform to
the IOC trade standard. Sterol analysis is used to detect the presence
of seed oils. Sterols are one of many minor constituents of oils that
are characteristic indicators of impurity of the olive oil. While some
supported this difference, others were not in agreement. The reasons
for AMS not making changes to the revised text as a result of these
comments are detailed below.
(18) Comment: Section 52.1539 (Table I), the IOC limit for the
linolenic acid value is 1.0 percent. The IOC limit for campesterol
is 4.0 percent. A larger value can indicate the addition of seed
oils or refined oils (like corn, soy, canola, or cottonseed).
AMS believes that the values for linolenic and campesterol are
based on historical data originating from the Mediterranean region.
Australia, Argentina, Israel, New Zealand and other countries
pointed out that their olive oil was not considered when these
limits were established. It is important to note that the use of the
U.S. grade standards is voluntary. Further, the proposed parameters
for linolenic acid and campesterol are slightly more liberal than
the IOC standard, i.e., a broader range of olive oil (including U.S.
production) falls within the proposed standards. As a result, more
products can be addressed under the proposed standards. For this
reason, the maximum value for the parameter was set according to
what the United States typically produces, which is up to 1.5
percent for linolenic acid. Under the revised U.S. grade standards,
linolenic acid values between 1.0 and 1.5 percent and campesterol
values between 4.0 and 4.5 percent would be subject to further
testing when the product is officially certified by AMS. These
additional tests are outlined in Table II of the revised U.S. grade
standards. Values higher than 1.5 percent and 4.5 percent
respectively would not meet the standards for olive oil or olive-
pomace oil. The California Olive Oil Council (COOC) supported this
approach because it is compatible with domestic suppliers who
occasionally produce olive oil with linolenic acid or campesterol
values slightly higher than the IOC standards would allow. While the
U.S. produces only extra virgin olive oil, it is estimated that only
one percent of the olive oil produced in the U.S would fall above
the IOC limits for linolenic acid. AMS believes that this approach
is reasonable and appropriate. According to the COOC, these higher
values are attributable to growing conditions. Higher values for
linolenic acid are also found in olive oil made from olives grown in
Australia, South America, North Africa, and parts of Europe.
Also, variation in campesterol levels has been reported in
literature.\1\ The sterol and alcohol composition of Cornicabra
virgin olive oil during the crop seasons from 1997/1998 to 2001/2002
were reported. The median value of campesterol was 4.0 percent and
ranged from 3.4 to 4.5 percent in the five crop seasons studied;
indicating that high natural content is a peculiar characteristic of
the Cornicabra virgin olive oil. Cornicabra is a variety of olive.
The limit for linolenic acid has not yet been established in the
Codex standard to this date. In both cases olive oil or olive-pomace
oil found to show limits between 1.0 and 1.5 percent (linolenic
acid) and 4.0 and 4.5 percent (campesterol) will require the
additional verification testing listed in Table II of the revised
U.S. grade standards. Accordingly, no changes to the standards are
made as a result of these comments.
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\1\ Rivera del [Aacute]lamo, R. M., Fregapane, G., Aranda, F.,
G[oacute]mez-Alonso, S., Salvador, M. D., Sterol And Alcohol
Composition Of Cornicabra Virgin Olive Oil: The Campesterol Content
Exceeds The Upper Limit Of 4% Established By EU Regulations, Food
Chemistry, (Vol. 84) (No. 4), (Orlando, Florida: Elsevier, 2004)
533-537, http://www.cababstractsplus.org/google/abstract.asp?AcNo=20033202838.
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Implementation
Several commenters noted that all of the tests were considered
mandatory in the IOC standard and all should be included in Table I.
While this may be appropriate for the IOC standard, AMS continues to
believe that it is more appropriate for the U.S. standards that tests
be divided into categories and that the number of mandatory tests be
limited. The AMS grade standards traditionally emphasize organoleptic
characteristics. AMS performs grading services on a lot by lot basis. A
lot is defined as any number of containers of the same size, type, and
style located in the same warehouse or conveyance. A lot can also be
described as being produced during a period or shift lasting up to 24
hours. In both cases the lot must be available for inspection at one
time. The fees to perform all 22 analytical tests on every lot would be
cost prohibitive (over $7,000 per lot). Unlike the IOC standards, more
than one sample is tested per lot. However, this does not prevent an
applicant from requesting that additional tests be done to meet an
international standard or other specification. The grade standards
represent a minimum requirement to meet U.S. grades so that an
applicant can use USDA grade marks on its label. A certificate is a
written report that shows the pertinent facts concerning the quality,
grade, and condition of the product, and may include useful descriptive
information about the product and the containers in which it is packed.
The revised U.S. grade standards divide tests into three
categories: Mandatory (Table I), Confirmatory (Table II), and Optional
(Table III). The
[[Page 22367]]
mandatory tests shall be performed on all lots of olive oil and olive-
pomace oil. These are listed in Table I and include flavor and odor,
color, free fatty acid expressed as oleic acid, peroxide value,
absorbency in ultraviolet (UV), fatty acid composition, trans fatty
acid content, desmethylsterol composition, total sterol, and
stigmastadiene content. Table II lists the tests for purity: Maximum
difference between actual and theoretical ECN 42 triacylglycerol
content; erythrodiol and uvaol; waxes; and 2-glyceryl monopalmitate
content. Table III lists tests to be used if one wants additional
information on other characteristics of the oil. These include moisture
and volatile matter, insoluble impurities, flash point, heavy metals,
unsaponifiable matter, aspect at 20 degrees Celsius after 24 hours,
pesticide residues, and halogenated solvents. Some of these tests are
monitored by FDA (i.e., heavy metals, pesticide residues and
halogenated solvents.)
In addition, one commenter did not agree with the ``U.S.'' term
preceding the grade terms (e.g., ``U.S. Extra Virgin Olive Oil''). One
commenter suggested that a traditional method using the pressing ratio
(weight of the olives versus weight of the resultant oil) be used
instead. One commenter wanted to specify the amount of virgin olive oil
added to refined oil to produce olive oil. And finally, one commenter
was not in support of the proposed grade standards because he felt that
the IOC trade standard was unreliable and would have negative
implications on ``New World'' olive oil producers. All of these
comments are discussed below.
(19) Comment: Sterol composition, maximum difference between
actual and theoretical ECN42, erythrodiol, and waxes tests should be
mandatory.
AMS agrees in part and moved some of the corresponding analyses
to Table I, making them mandatory. These include total sterols,
stigmastadiene, and desmethylsterol composition because these tests
detect specific properties of the oil that determines its purity and
are not covered by other tests in Table I.
The ECN42 analysis was not included in Table I because this test
detects seed oils. Detection of seed oils is covered by other
analyses already listed in Table I, namely desmethylsterol
composition, fatty acid composition, and stigmastadiene content.
Erythrodiol, uvaol, and wax content analyses detect the presence of
pomace oil and oils produced from solvent extraction. These analyses
are already covered by other tests that are listed in Table I,
namely, stigmastadiene content and absorbance in ultraviolet.
However, ECN42, erythrodiol and uvaol, waxes, content of 2-glyceryl
monopalmitate are included in Table II. The tests listed in Table II
will apply if analytical results do not comply with label
declaration for the purity criteria listed in Table I, in the
following cases: (1) If linolenic acid values are between 1.0 and
1.5 percent, (2) if the campesterol values are between 4.0 and 4.5
percent, or (3) at the applicant's request.
(20) Comment: The names should comply with the IOC trade
standards and Codex standards without the ``U.S.'' term preceding
the name.
The names of the grades are preceded by the term ``U.S.'' only
if the product has been officially sampled and graded by AMS.
Accordingly, use of the term ``U.S.'' is necessary and appropriate
because it is used in conjunction with an official grade statement,
or certificate, and can be used on labels, if an applicant desires
to indicate that the product has been officially graded by USDA.
Products would not be required to be labeled differently. No change
was made as a result of this comment.
Comment: The olive oil pressing ratio (weight of olives to
weight of olive oil yielded) is the traditional method for judging
the quality of the olive oil. Below 20 percent is considered olive-
pomace oil.
AMS disagrees that the pressing method is an appropriate method
to include in the U.S. grade standards. The yield of olive oil
depends on many complex factors besides the press ratio. These
factors include the variety of olives, the pressing method used,
ripeness, and moisture. The revised standards establish analytical
and organoleptic methods for determining conformance with the
various grade requirements regardless of the age, moisture,
processing method, or variety of the in-going olives.
(21) Comment: The IOC chemical markers represent a low minimum
standard and that there would be negative implications on the
burgeoning olive oil industries of California, Arizona, Texas,
Australia, New Zealand, Chile, and Argentina. USDA should adopt a
few chemical tests that are easily monitored in lieu of the proposed
standard.
AMS believes that the revised grade standards would allow
applicants assurance of product quality through inspection and
testing using objective chemical and organoleptic testing.
Applicants of the AMS inspection services could demonstrate that
their product has been officially graded by using the official USDA
marks on their packaging or other materials. This would help
consumers and buyers differentiate between the various grades and
better reflect the value of their purchases. The U.S. grade
standards establish terms that can objectively define product
quality and help ensure that consumers receive what they expect when
they purchase certain food products.
There were additional comments or clarifications requested by some
commenters on the implementation of the grade standards as discussed
below.
(22) Comment: Will the tests be performed in a timely manner?
AMS will use the AMS Science and Technology Laboratory in
Blakely, Georgia for both the analytical and organoleptic testing.
Sample results will be available in a timely manner.
(23) Comment: What assurances are there of the quality of the
tasters?
AMS will follow the procedures set forth in the COI/T.20/Doc.
No. 15, ``Organoleptic assessment of virgin olive oil,'' as listed
in the standards. A panel of AMS tasters will be trained by IOC
qualified trainers. In addition to the flavor panel, sample results
would be monitored regularly through a systematic review process
where samples are sent to a designated AMS office for evaluation and
concurrence with previous results.
(24) Comment: AMS should consider providing median terms for
refined olive oil.
Under the IOC trade standards and the Codex standards, only the
virgin olive oils are subject to organoleptic assessment through a
flavor panel. Therefore, median scores are not applicable for
refined olive oil products or for any of the olive-pomace oils.
However, AMS will flavor these oils. The revised grade standards
require that refined oils have at least acceptable flavor.
(25) Comment: AMS should specify a minimum quantity of virgin
olive oil added to refined olive oil for olive oil which is a blend
of the two.
Neither the IOC trade standard nor the Codex standard defines
the amount of virgin olive oil blended with refined olive oil to
produce olive oil. Such a proposal would require additional research
and accordingly is not included in the revised standards.
(26) Comment: The sample unit of 375 ml is too much; 250 ml
should be sufficient to perform the tests.
AMS disagrees. AMS believes that the flavor panel review alone
requires 15-20 milliliters (ml) per person or 240 ml for a twelve-
person flavor panel. However, this does not include an additional
amount required for analytical testing. Therefore, after further
review 500 ml is determined to be needed to properly retest a sample
for any reason.
Editorial Comments
AMS agreed with many of the following suggestions and comments as
having merit. The following reflects such suggestions and comments.
(27) Comment: Section 52.1538 Definition should read
``Desmethylsterol'' not ``Dimethylsterol''.
AMS agrees and corrected the typographical error.
(28) Comment: ``Ordinary olive'' oil was removed from the
standard but reference is made to it in Section 52.1542 and should
be removed.
AMS agrees and removed references to ordinary olive oil from the
section because ordinary olive oil is not a part of the standard.
This product was an olive oil of lower quality than virgin olive oil
but of slightly better quality than lampante oil. AMS decided in the
proposed grade standards that because this product is not often used
in trade, is considered fairly unpalatable, that it would be
considered as lampante oil and removed from the grade standards.
(29) Comment: Moisture and insoluble impurities for lampante
olive oil are not defined in the IOC trade standard or Codex
standard because the product will be refined.
AMS agrees that the IOC and Codex standards do not set limits
for moisture or
[[Page 22368]]
insoluble impurities for lampante oil. Because this was an
oversight, Table III is revised to show that these analyses are
``Not Applicable'' for ``moisture and volatile matter'' and
``insoluble impurities in light petroleum.''
(30) Comment: A method of analysis for preparation of methyl
esters should accompany the methods of analysis for fatty acid
composition.
AMS agrees and added the suggested method to the list of methods
of analysis. AMS also found that pesticide residue tests were
included in the revised 2006 IOC trade standards so this test was
added to the U.S. grade standards.
(31) Comment: For future consideration:
i. Consider defining limits for premium extra virgin olive oil.
ii. Set new limits for fatty acid composition, desmethylsterol,
total sterol, saturated fatty acid in the two position in
triglycerides and unsaponifiable matter.
iii. Set stricter limits for free fatty acid as oleic, peroxide
value, absorbency in UV.
iv. Research future analysis for inclusion in the standard.
AMS continually reviews its grade standards. AMS facilitates the
fair and efficient marketing of agricultural products by
promulgating voluntary official grade standards. AMS develops,
revises, suspends, or terminates the official grade standards under
procedures that allow for input by interested parties. As new
science becomes available or the IOC and Codex standards are
revised, AMS will consider updating the grade standards as
appropriate.
AMS believes that the revised grade standards would facilitate the
marketing of olive oil and olive-pomace oil, better reflect terms that
are currently in use in the marketplace, provide definitions for olive
oil and olive-pomace oil, promote truth in labeling, and provide a
basis for enforcement by State and Federal agencies if these products
are mislabeled.
The official grades of olive oil and olive-pomace oil in these
standards are covered by the procedures set forth in the Regulations
Governing the Inspection and Certification for Processed Fruits and
Vegetables, Processed Products Thereof and Certain Other Processed Food
Products (7 CFR 52.1-52.83).
The revised U.S. Standards for Grades of Olive Oil and Olive-Pomace
Oil will become effective 180 days after publication of this notice in
the Federal Register to allow sufficient time to implement the
standards.
Authority: 7 U.S.C. 1621-1627.
Dated: April 22, 2010.
David R. Shipman,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 2010-9866 Filed 4-27-10; 8:45 am]
BILLING CODE 3410-02-P