The existing United States standards for grades of olive oil, while appropriate in 1948, no longer reflect the terminology and criteria commonly accepted in today's olive oil industry. The 1948 standards established grades of "fancy," "choice," "standard" and "substandard," terms not currently employed in connection with olive oil.

The grades defined in the proposed new standards, such as "extra virgin olive oil" and "virgin olive oil," are those universally accepted today throughout the olive oil industry and among consumers. Virtually every other olive oil producing country in the world has adopted standards consistent with the proposed new U.S. standards.

Olive oil sold to consumers in the United States, whether imported or domestic, is labeled with terms set forth in the proposed new U.S. standards. In particular, the term "extra virgin olive oil" is used to designate the highest grade of olive oil. But because these terms have not been adopted by the USDA, they are widely misused, to the detriment of the industry and consumers alike.

It is therefore critical that the USDA standards recognize the terminology currently in use to define the grades of olive oil. The proposed standards include objective criteria to determine the authenticity, purity and quality of each grade of olive oil, to ensure truthful labeling.

Most of the olive oil produced in the United States comes from California, due to its special climate, although some other states such as Arizona and Texas produce relatively small amounts. The production of olive oil has grown steadily in California over the past few years, and promises continued expansion. Many years ago, the California Olive Oil Council was formed to support the domestic olive oil industry. We have approximately four hundred members, including most of the major United States olive growers and producers of olive oil, as well as others who share our commitment to enhancing the domestic olive oil industry. The California Olive Oil Council has already adopted voluntary standards for its own members consistent with the proposed new U.S. standards. It is important, however, that these standards be applied to all producers of olive oil who sell in the United States, whether the source of the oil is local or imported.

Furthermore, a United States standard that conforms to internationally accepted standards will enhance the ability of United States producers to compete with imported oils and to compete in the international market. Currently, producers in the United States are subject to a contention by our foreign competitors that the United States has no appropriate standards to ensure the quality of its olive oil. Adoption of the proposed standards would eliminate this contention, and thereby promote our ability to compete with foreign oil.

Currently there is widespread concern about the mislabeling of olive oil sold in the United States, especially with respect to the grade. In particular, the use of the term "extra virgin," indicating the highest and therefore most expensive grade, has been widely applied to oils that are in fact not "extra virgin." Cheaper oils masquerading as extra virgin olive oil are not only a fraud on consumers but are also the source of unfair competition among producers and sellers.

The proposed new standards will allow inspectors to determine objectively whether a container of olive oil is in fact labeled in conformance with the standards. Monitoring and enforcement of these standards will promote truthful labeling. This will be of obvious benefit to consumers, who can purchase olive oil with some confidence that the label accurately describes the contents, and to producers and sellers, who will be able to compete fairly and honestly.

Over the past several decades, olive oil has been the subject of extensive scientific studies which have generated a large body of scientific literature. The physical and chemical properties of olive oil are well understood. A variety of chemical tests can determine whether olive oil is 100% pure and free from adulteration by other cheaper oils, or whether it has undergone chemical refinement or degradation due to improper processing, packaging and storage. In addition, the olive oil industry has developed teams of trained tasters who employ objective organoleptic standards to detect defects in olive oil as well as positive attributes that might escape chemical analysis.

In almost every respect, there is a consensus among olive oil producing countries regarding the appropriate definitions of grades and the criteria by which they should be analyzed. The proposed standards reflect that consensus. Pending the outcome of a review of the correct fatty acid limits for linolenic acid, in which the USDA is participating, no limits have been proposed for that value.

The proposed standards were specifically developed to allow practical and objective enforcement. Both the chemical and organoleptic testing criteria have been designed to eliminate subjectivity, and to permit only consistent and verifiable results. Other countries with similar standards have successfully enforced these standards.

The California Olive Oil Council has consulted with a leading olive oil chemist to confirm that the attached proposed standards are consistent with international standards, and that the chemical testing required can be efficiently and economically conducted in United States laboratories. In addition, the California Olive Oil Council and its members have developed teams of tasters to perform the required organoleptic testing. These teams could provide training to others as necessary.

The majority of domestic producers of olive oil are members of the California Olive Oil Council, and strongly support the proposed revisions. The North American Olive Oil Association, which represents producers of imported oil, has also stated a need for United States standards that conform to commonly accepted international standards in order to promote truth in labeling.