Food System

Marketing of olive oils, reg. EU 2022/2104

November 20, 2022

708

Reg. EU 2022/2104 supplements EU Regulation 1308/2013 (Single CMO) with regard to marketing standards, or standard marketing, of olive oils.

The new regulations apply to oils sold to the final consumer, presented as such or in a food product. In repeal of reg. EEC 2568/91 and reg. EU 29/2012.

1) Classification of olive oils

Regulation (EU) no. 1308/2013 already defines and distinguishes olive and olive-pomace oils in the following terms.

1.1) Olive oils

Virgin olive oils are those ‘obtained from the fruit of the olive tree only by mechanical or other physical processes […]‘. They are divided into extra virgin (free acidity <0.8%) and virgin (acidity <2%). Flashing, if the acidity exceeds 2%.
Refined olive oil. Obtained by refining virgin olive oil, it has an acidity <0.3%,
Olive oil. Composed of refined olive oils and virgin olive oils other than lampante oil, has acidity <1% (EU reg. 2022/2104, art. 2).

1.2) Olive-pomace oils

Crude olive pomace oil. Extracted from the pomace by physical processes and/or solvents, or oil corresponding to lampante olive oil, excluding cases of re-esterification and mixtures with oils of other nature.
Refined olive pomace oil. Obtained by refining crude olive pomace oil, it has a free acidity content <0.3 percent.
Olive pomace oil. Blend of refined olive-pomace oil and virgin olive oil other than lampante, with acidity <1% (EU reg. 2022/2104, art. 2).

1.3) Purity, quality, organoleptic characteristics

Tables A and B, in Annex I to reg. EU 2022/2104, establish for each category of oil the requirements of:

– Purity (fatty acid profiles, sterols),

– quality (acidity, peroxide index, absorption in the UV),

– organoleptic characteristics (defect median, fruitiness median and fatty acid ethyl esters).

2) Mixtures with other vegetable oils, food ingredients

Only virgin olive oils (virgin and extra virgin), olive oils (composed of refined and virgin oils) and olive-pomace oils can be used in blends with other vegetable oils and in other food products.

Member States:

– may prohibit the production, within their territory and for domestic consumption only, of mixtures of olive oils with other vegetable oils,

– may not prohibit the marketing or production on their territory of blends of oils from other countries for the purpose of sale abroad (EU Reg. 2022/2104, Art. 3).

3) Conditioning

Virgin olive oils (virgin and extra virgin), olive oils (composed of refined and virgin oils) and olive-pomace oils must be presented to the final consumer pre-packed, in packaging with:

maximum capacity of five liters,
locking system that loses its integrity after the first use,
labeled in accordance with the provisions of reg. EU 2022/2104.

Each member state may establish a maximum packaging capacity of more than five liters, for these categories of oils, where they are intended for communities(food service, canteens, catering, etc.). V. reg. EU 2022/2104, Art. 4).

4) Mandatory label information

The labeling of virgin and extra virgin oils, olive oils (composed of refined and virgin oils) and olive-pomace oils must contain a number of additional mandatory information than those required for general foodstuffs (under EU Reg. 1169/11, Article 10).

This information-along with that of origin, where prescribed (see Sec. 4.3)-must be displayed with the appropriate markings below, in the main field of view or otherwise in the same field of view. In both cases of a single label or several labels affixed to the same container (EU Reg. 2022/2104, Art. 5).

4.1) Legal sales names

The legal sales designations of the following categories olive oils include the information below:

extra virgin oliveoil, “superior category olive oil obtained directly from olives and solely by mechanical processes.”
virgin, “olive oil obtained directly from olives and solely by mechanical processes.”
olive oil composed of refined olive oils and virgin olive oils, “oil containing only olive oils that have undergone a refining process and oils obtained directly from olives.”
olive pomace oil, “oil containing only oils derived from the processing of the product obtained after the extraction of olive oil and oils obtained directly from olives.” Or “oil containing only oils from olive pomace processing and oils obtained directly from olives” (EU reg. 2022/2104. Art. 5,6).

4.2) Special storage conditions

‘For foods requiring special conditions of storage and/or use, these conditions must be indicated‘ (EU reg. 1169/11, Art. 25.1).

Shelter from light and heat sources is essential to preserve the quality of olive oil. Such ‘specific storage conditions‘ must therefore be indicated on the label of virgin olive oils, olive oils composed of refined and virgin oils, and olive-pomace oils (EU Reg. 2022/2104, Art. 7).

4.3) Origin

The place of origin of oils-as an exception to the general notion of country of origin of food provided for in Reg. EU 1169/11 (art. 2.2.g, recalling the Single Customs Code, now EU reg. 952/2013) – corresponds to the territory where the olives were harvested and pressed.

The indication of origin on the label is:

mandatory for virgin oils,
prohibited for olive oils composed of refined olive oils and virgin olive oils, as well as olive-pomace oils (EU Reg. 2022/2104, Art. 8).

If the olives were harvested in a country other than the country where the mill is located, the label must instead read “(extra) virgin olive oil obtained in (EU or member state) from olives harvested in (EU or member state).”

4.4) Origin, mode of indication

Several hypotheses are configured:

(a) in the case of olive oils originating in a Member State or a third country, the Member State, the Union or the third country, as the case may be, is indicated,

(b) in the case of mixtures of olive oils originating in more than one country, the following may be reported as appropriate

– “blend of olive oils originating in the European Union,” meaning a reference to EU origin,

– “blend of olive oils not originating in the European Union,” or a reference to origin outside the EU,

– “blend of olive oils originating in the European Union and non-EUorigin,” or a reference to EU and non-EU origin.

4.5) Regional references, trademarks, non-EU import products

Regional references are reserved exclusively for products registered as PDO or PGI, according to Reg. 1151/2012. (2)

Names of trademarks or enterprises whose applications for registration were filed by Dec. 31, 98 are not considered ‘place of origin‘ (and are therefore exempt from the prohibitions on regional references).

Products imported from third countries report to the country of origin-meaning the place of last substantial processing, according to Reg. EU 952/2013 (Articles 59-63) – and not to the ‘place of origin‘ referred to in this regulation.

4.5) Air conditioning system identification code.

The alphanumeric code identifying the packaging plant (Reg. 2022/2105, Art. 6) must be given on the label-‘where applicable‘-of extra virgin and virgin olive oils, olive oils composed of refined and virgin oils, olive-pomace oils

Conversely, it is optional, even for such oils (and indeed not even considered, in the regulation under consideration) to indicate the location of the establishment on the label (reg. EU 2022/2104, Art. 9). (3)

5) Optional label information

Only virgin olive oil labels (virgin and extra virgin) may carry the voluntary information integrated as follows (EU Reg. 2022/2104, Article 10).

5.1) Confidential Mentions

The words “first cold pressing” are ‘reserved for extra virgin or virgin olive oils obtained at less than 27 °C by the first mechanical pressing of the olive paste, using a traditional type of extraction system with hydraulic presses.’

The term “cold extracted“ is ‘reserved for extra virgin or virgin olive oils obtained at less than 27 °C by a process of percolation or centrifugation of the olive paste.’

5.2) Organoleptic characteristics

The organoleptic characteristics related to taste or smell set forth in Annex IX to reg. EU 1308/13 (single CMO) may be listed on the label ‘only if based on an assessment carried out following the method in Annex I(5) of Reg. EU 2022/2105 of the Commission.

The definitions and ranges of results, which allow the indication of these organoleptic characteristics, are defined in Annex II of this Regulation’.

5.3) Maximum acidity

The maximum acidity reported on the label–for virgin oils but also olive and olive-pomace oils–must be able to be found ‘as of the date of minimum storage life.’ It ‘may appear only if accompanied by the mention, in characters of the same size and in the same field of view,’ of:

Maximum values of the peroxide index,
wax content and
absorption in the ultraviolet, determined in accordance with reg. EU 2022/2105, ‘expected on the same date‘.

5.4) Collection campaign

If 100 percent of the container contents of virgin and extra virgin olive oils come from a single harvest year, this can be indicated on the label (EU Reg. 2022/2104, Article 11). (4)

The harvest date appears on the label ‘in the form of the relevant marketing year‘ (EU reg. 1308/2013, Article 6(f), ‘or in the form of the month and year of harvest, in that order. The month corresponds to the month of oil extraction from olives‘.

The requirement to label the date of harvest can only be established by member states at the national level. That is, on virgin olive oils only, from olives harvested and pressed in the national territory, intended exclusively for the national market.

6) Recall of olive oil in vegetable oil blends.

The reference to olive oils on the label of vegetable oil blends-when outside the list of ingredients, even with images or symbols-is only allowed if:

– permitted olive oils (see supra, para. 2) exceed 50 percent of the mixture,

– the product bears the trade name “blend of vegetable oils (or specific names of vegetable oils) and olive oil.”

– this name is followed by an indication of the percentage of such oils in the mixture.

7) Recall of olive oil in other foods.

Highlighting olive oil on the label of other foods-beyond the list of ingredients, through terms, pictures or graphic symbols-implies the obligation to indicate its QUID(Quantitative Ingredient Declaration) in the name of the food product. Except for solid food products preserved exclusively in olive oil (e.g., canned fish and vegetables).

It is possible to distinguish the percentage of added olive oils relative to the total weight of fats (rather than relative to the weight of the product) by specifying that it is “percentage of fats.” (5). The name of individual oils, in these cases, does not include the descriptions in paragraph 4.1 (EU Reg. 2022/2104, Article 12).

8) Entry into force

It is theoretically scheduled to come into force on 24.11.22, although the legitimacy of a consumer information measure of significant impact on the supply chain, with no transition period, may be questioned.

In fact, the Food Information Regulation established some general principles on the transitional period to be applied to this type of rules, (6) precisely as a result of the writer’s (Dongo’s) initiative at the European Commission, which was initiated in 2004. (7)

Dario Dongo and Giulia Pietrollini

Notes

(1) Regulation (EU) no. 2022/2104, Supplementing Regulation (EU) no. 1308/2013 of the European Parliament and of the Council on marketing standards for olive oil and repealing Regulation (EEC) No. 2568/91 and Commission Implementing Regulation (EU) No. 29/2012 of the Commission https://eur-lex.europa.eu/legal-content/IT/TXT/?qid=1669053671060&uri=CELEX%3A32022R2104

(2) Location of the mill on the label? Lawyer Dario Dongo answers.. FARE (Food and Agriculture Requirements). 8.8.20

(3) 100% Sicilian extra virgin olive oil? Lawyer Dario Dongo answers.. FARE (Food and Agriculture Requirements). 6.1.18

(4) Dario Dongo, Giulia Torre. Olive oil, EU follows Italy on optional indications. GIFT (Great Italian Food Trade). 1.9.2018

(5) Unfortunate translation of the Italian version of the regulation from the original English text. Where it correctly refers to ‘percentage byfats,’ that is, the percentage of olive oils to total fats in the product

(6) Reg. EU 1169/11, Article 47

(7) Added to this is the possible violation of the principle of legitimate expectation, which has been dealt with extensively in ECJ(European Court of Justice) jurisprudence