Congressional Bill Would Require Federal Definition for Olive Oil Labels

A bipartisan bill in Congress would require the FDA to establish a national standard of identity for olive oil, a move supporters say would strengthen enforcement and protect consumers.

Lawmakers in the U.S. Congress are pushing a bipartisan bill that would require federal standards for what can be labeled as olive oil, a move supporters say would strengthen consumer protection and industry oversight.

The proposed Olive Oil Standards Act, introduced by Representatives David Valadao and Josh Harder, would require the U.S. Food and Drug Administration to establish a national standard of identity for olive oil and olive pomace oil. According to the bill’s promoters, the measure would move the United States closer to regulatory frameworks already in place in most major olive oil-producing and consuming countries.

Without a federal standard of identity, supporters argue, the FDA has limited tools to pursue enforcement actions related to mislabeling or misleading quality claims.

“This stems from the petition for a standard of identity that was filed in 2022,” Joseph Profaci, chief executive officer of the North American Olive Oil Association, told Olive Oil Times. “We have been active in trying to persuade FDA to act on the petition, and each year we have worked with Congress to include language in appropriations that would encourage FDA to move forward. Each year, it hasn’t happened.”

The new bill takes a different approach. Rather than urging or encouraging regulatory action, it would legally require the FDA to establish a standard.

“This is effectively a way to increase the pressure and, by law, require it to be established,” Profaci said.

The 2022 petition to FDA, available in .pdf format, was filed jointly by the North American Olive Oil Association, the American Olive Oil Producers Association and the Deoleo company.

“We have been working on this both individually and collectively,” Profaci said. “Not always together, but sometimes together.”

The American Olive Oil Producers Association cited transparency and fairness as key goals of the proposed legislation.

“When enacted, it will ensure that what is on the label is in the bottle and that the health benefits and value of extra virgin olive oil are preserved for all,” said AOPA president and chief executive officer Kimberly Houlding in a statement.

Unlike many other food products, olive oil in the United States does not have a nationally enforceable definition covering quality grades, labeling terms or compositional parameters. A small number of states, including California, have adopted their own standards, but these apply only within state borders.

The absence of a national framework has had practical consequences.

“As an association, we brought a legal action against a company that our testing program found to be in violation of standards,” Profaci said. “But because there was no national standard, we were constrained to file the lawsuit in one of the four states that currently have an olive oil standard.”

According to Profaci, a federal standard would not only facilitate enforcement by FDA but would also strengthen the industry’s ability to address unfair practices.

The proposed legislation also refers to analytical parameters beyond those currently required by the International Olive Council, whose standards form a global framework for olive oil production and trade.

The bill explicitly references pyropheophytins and diacylglycerols, commonly known as PPP and DAGs.

“These are parameters not currently in the IOC standard but which are included in the California standard for oils produced in California,” Profaci said.

PPP levels can indicate heat damage, aging or deodorization, while DAG ratios can reveal improper storage or processing. Supporters argue that incorporating these measures would improve the ability to distinguish fresh extra virgin olive oil from products that have deteriorated or been manipulated.

Profaci noted that the proposed federal standard draws directly from California’s experience, adapting it to a national context.

The goal, supporters say, is not to create new burdens but to formalize practices already followed by most responsible operators.

“Our testing program from 2024 found greater than 99 percent compliance with standards on adulteration,” Profaci said. “By and large, the industry is already complying with the key elements of that standard.”

AOPA framed the legislation as a consumer-focused measure rather than a trade protection tool.

“Standards of identity are promulgated by the FDA in the interest of consumers and our growers and producers across the U.S.,” Houlding said.

The large volume of olive oil imports into the United States has also heightened attention to the need for tighter controls to address mislabeling, adulteration, and quality degradation during shipping and storage.

“In the past, most of the enforcement effort to protect the market from fraud or unfair business practices has been undertaken by the industry itself,” Profaci said. “We were hindered by the lack of a national standard.”

Supporters say some labeling concerns would also be resolved. “There continue to be some labeling concerns,” Profaci added. “This would help bring people in line, to the benefit of the consumer.”

The bill could also influence discussions at the Codex Alimentarius Commission, which is considering whether to incorporate PPP and DAGs into global olive oil norms.

“The Codex determination could be a year, even two years from now,” Profaci said. “This bill could speed up the timeline.”

The legislation would direct the FDA to base its standard on the existing petition rather than waiting for international consensus.

“I think more than the bipartisan backing, what matters is what’s happening in connection with the Make America Healthy Again agenda,” Profaci said, referring to broader political attention on diet-related health outcomes.

For both NAOOA and AOPA, the bill represents the culmination of years of advocacy.

“We’ll see consumption growth, and in turn, we’ll see additional investments and growth in the domestic olive oil industry,” Houlding said.

Profaci described the legislation as a structural correction rather than a dramatic overhaul.

“This is really the next step that’s needed,” he said. “To protect the consumer and bring clarity to the market.”