Labeling of olive oils. Rules and controls in the EU

Olive oils, the EU rules

The European Union has profoundly renewed the discipline oflabeling and of controls on olive oils with the adoption of two complementary regulations that came into force on November 24, 2022. Delegated Regulation (EU) 2022/2104 establishes marketing standards, while Implementing Regulation (EU) 2022/2105 defines compliance controls and methods of analysis.

These acts have repealed the previous legislation dating back to 1991 (Regulation EEC No 2568/91) and 2012 (Regulation EU No 29/2012), marking the definitive transition from the old Regulation No 136/66/EEC and Regulation EC No 1234/2007 to the current EU Regulation No 1308/2013 on the common organization of agricultural markets. The stated objective is to simplify, clarify, and ensure greater transparency in the European olive oil market.

The scope of the new regulation covers all olive oils sold to the final consumer, whether marketed as such or used as ingredients in other food products.

Olive oils, the categories

The classification of olive oils is defined in Annex VII, part VIII, of Regulation (EU) No 1308/2013, which distinguishes various categories based on production processes and chemical and organoleptic parameters.

Virgin olive oils

The Virgin olive oils are defined as oils obtained from the olive fruit exclusively by mechanical processes or other physical processes, under conditions that do not cause alterations to the oil. They must not have undergone any treatment other than washing, decantation, centrifugation, and filtration. Oils obtained by solvents or with aids having chemical or biochemical action, with re-esterification processes or blends with oils of other kinds are excluded.

Within this category are distinguished:

• extra virgin olive oil: has a maximum free acidity of 0.8 g per 100 g, expressed as oleic acid, in addition to other characteristics conforming to the parameters established by the European Commission;

• virgin olive oil: maximum free acidity of 2 g per 100 g of oleic acid and characteristics conforming to the category;

• lampante olive oil: free acidity higher than 2 g per 100 g of oleic acid and/or other characteristics not conforming to the previous categories. It is not intended for direct consumption but for refining.

Refined oils and blends

• Refined olive oil: obtained by refining virgin olive oil, with free acidity not exceeding 0.3 g per 100 g;

• olive oil – blend of refined olive oils and virgin olive oils: obtained by blending refined oil with virgin oil (other than lampante), with a maximum acidity of 1 g per 100 g.

Pomace oils

• Crude olive pomace oil: obtained from olive pomace by treatment with solvents or physical processes, with characteristics corresponding to lampante oil;

• Refined olive pomace oil: derived from refining crude pomace oil, with a maximum acidity of 0.3 g per 100 g;

• Olive pomace oil: obtained by blending refined pomace oil with virgin oil (other than lampante), with a maximum acidity of 1 g per 100 g.

Quality and purity characteristics

European regulations define analytical parameters precise to ensure the quality and authenticity of olive oils. The quality characteristics include free acidity, peroxide number, ultraviolet absorbance (K232, K270, ΔK), and organoleptic examination.

I purity parameters include the composition of fatty acids, the content of saturated fatty acids in position 2 of triglycerides, the total sterol content and sterol composition, triterpenic dialcohols, wax composition, stigmastadienes, and other specific chemical markers.

New parameters for Δ-7-stigmastenol

Since June 10, 2024, important modifications regarding the Δ-7-stigmastenol parameter have come into effect. The general limit is set at ≤ 0.5% of total sterols. For extra virgin and virgin oils with values between 0.5% and 0.8%, further checks are required: the apparent β-sitosterol/campesterol ratio must be ≥ 28, ΔΕCN42 must be ≤ |0.10|, and all other parameters must be within limits.

For lampante oil with Δ-7-stigmastenol between 0.5% and 0.8%, the requirements include apparent β-sitosterol/campesterol ≥ 28, ΔΕCN42 ≤ |0.15| and stigmastadienes ≤ 0.30 mg/kg.

Legal denominations and mandatory information

The mandatory legal denominations, to be displayed in the main visual field of the label, are specifically defined:

• extra virgin olive oil: ‘superior category olive oil obtained directly from olives and solely by mechanical means’;

• virgin olive oil: ‘olive oil obtained directly from olives and solely by mechanical means’;

• Olive oil: ‘oil containing exclusively olive oils that have undergone a refining process and oils obtained directly from olives’;

• Olive pomace oil: ‘oil containing exclusively oils derived from the processing of the product obtained after the extraction of olive oil and oils obtained directly from olives’.

Indication of origin

For the oils extra virgin and virgin the indication of the place of origin is mandatory, specifying where the olives were grown and where the oil was extracted. If these places are different, both must be clearly indicated on the label.

Other mandatory requirements

The maximum capacity of containers intended for the final consumer is set at 5 liters. Packaging must be equipped with a closing system that loses its integrity after first opening, to guarantee the authenticity of the product. When applicable, the alphanumeric code of the packaging plant must be reported.

Regulated optional indications

Exclusively for virgin and extra virgin oils, the regulation provides some optional indications, but strictly regulated:

• ‘first cold pressing’, only if extraction took place at a temperature below 27°C by traditional system with hydraulic presses;

• ‘cold extracted’, if extraction took place at a temperature below 27°C by percolation or centrifugation process.

• organoleptic characteristics related to taste or smell may be declared in compliance with the precise conditions set by the regulation (see next paragraph);

• maximum acidity may be indicated only if accompanied by other chemical parameters (peroxides, waxes, UV absorption), all measured in the same way;

• harvest campaign. The indication of the vintage is allowed only if 100% of the content comes from a single olive growing campaign.

Organoleptic characteristics on the label

The regulation establishes precise criteria for the declaration of organoleptic attributes, based on the evaluation of Panel of tasters qualified. Positive attributes include fruity (green or ripe), bitterness, and spiciness.

The intensity of the ‘fruity‘ is classified into:

• intense: when the panel median is greater than 6.0;

• medium: median greater than 3.0 and less than or equal to 6.0;

• light: median less than or equal to 3.0.

An oil can be defined as ‘balanced‘ when it does not present an imbalance between the attributes, that is, when bitterness or spiciness do not exceed fruity by more than 2.0 points. The attribute ‘sweet‘ can be used when bitterness and spiciness are both less than or equal to 2.0.

The certification of organoleptic characteristics is the responsibility of the panel leader, who can certify the conformity of the oil to the established definitions. It is essential to underline that only the characteristics explicitly defined in Annex IX of the regulation can be reported on the label.

System of controls and compliance

The Implementing Regulation (EU) 2022/2105 has established an organic system of compliance controls, entrusting Member States with specific responsibilities.

Organization of controls

Member States must carry out selective controls based onrisk analysis, with an adequate frequency to verify the conformity of the oil to the declared category. In case of substantial irregularities, the frequency of controls must be increased.

A close cooperation among Member States for cross-border checks is foreseen. Timelines are precisely defined: sample collection must take place by the end of the month following the request, while the response with analytical results is due within 3 months.

Analysis and sampling methods

I analysis methods are based on recognized international standards:

• EN ISO 661 standard for sample preparation;

• EN ISO 5555 standard for sampling;

• methods of the International Olive Council (IOC) for alignment with international standards.

Panel of tasters

Panels of tasters must obtain recognition from Member States. The panel leader must receive training at recognized organizations and the recognition is subject to annual review to verify its validity.

Documentary obligations

The regulation imposes precise documentary obligations both on sector operators and on control authorities:

• The operators of the oil sector must keep an entry and exit register documenting every movement of oil from the mill to bottling. Detailed documentation must be maintained for each category of olive oil held, to be provided upon request by the Member State;

• The Member States must submit to the European Commission, by May 31 of each year, an annual report containing the results of compliance checks carried out in the previous year and the sanctions measures adopted.

Sanctions and management of non-compliance

The sanctions system provides that the measures adopted by the Member States are effective, proportionate and dissuasive, calibrated on the seriousness of the detected irregularity.

Notification system

The IMSOC system (Information Management System for Official Controls) is operational for communication between Member States. In particular, for extra virgin oils that present organoleptic defects, mandatory notification between States is required, with a response due within 3 months.

The 2024 updates introduced new provisions for the notification of organoleptic defects and more rigorous sampling methodologies.

Conclusions

The new EU rules on olive oil labeling represent a significant step forward in consumer protection and fraud prevention. The simplification of rules, accompanied by greater transparency and more effective controls, helps to ensure the quality and authenticity of European oil products.

Key elements of the system include clear and precise labeling, mandatory indication of origin for virgin oils, controls based on risk analysis, cooperation among Member States, and continuous scientific updates of analytical parameters.

A modern and dynamic regulatory framework, capable of adapting to scientific developments and market needs, while keeping consumer protection at its core.

Dario Dongo

Image by Leopictures from Pixabay

References

• Delegated Regulation (EU) 2022/2104 of the Commission of 29 July 2022 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards marketing standards for olive oil, and repealing Commission Regulation (EEC) No 2568/91 and Commission Implementing Regulation (EU) No 29/2012 https://eur-lex.europa.eu/legal-content/IT/TXT/?uri=CELEX:32022R2104

• Commission Implementing Regulation (EU) 2022/2105 of 29 July 2022 laying down rules on compliance checks applicable to the olive oil sector and repealing Regulation (EEC) No 2568/91 https://eur-lex.europa.eu/legal-content/IT/TXT/?uri=CELEX:32022R2105

• Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products https://eur-lex.europa.eu/legal-content/IT/TXT/?uri=CELEX:32013R1308