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Almond Growers Sue USDA

by: Jill Richardson

Wed Sep 10, 2008 at 09:29:10 AM PDT


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In the last year, a new rule has come down the pike for raw almonds: they must be pasteurized with either steam or toxic gas. Apparently the steam method is prohibitively expensive, making toxic gas the most feasible method available to most growers. Those of us who enjoy eating raw almonds as a delicious source of protein are very frustrated about this.

Today, the Cornuocopia Institute put out a press release about a lawsuit against the USDA over this (and they quoted me as an angry consumer!!!)

WASHINGTON, D.C. - A group of fifteen American almond growers and wholesale nut handlers filed a lawsuit in the Washington, D.C. federal court on Tuesday, September 9 seeking to repeal a controversial USDA-mandated treatment program for California-grown raw almonds.

The almond farmers and handlers contend that their businesses have been seriously damaged and their futures jeopardized by a requirement that raw almonds be treated with propylene oxide (a toxic fumigant recognized as a carcinogen by the EPA) or steam-heated before they can be sold to American consumers.  Foreign-grown almonds are exempt from the treatment scheme and are rapidly displacing raw domestic nuts in the marketplace.

Tens of thousands of angry consumers have contacted the USDA to protest the compulsory almond treatment since the agency's new regulation went into effect one year ago.  Some have expressed outrage that even though the nuts have been processed with a fumigant, or heat, they will still be labeled as "raw."

I love the Cornucopia Institute. If you're ever looking for a good place to donate, please consider them. They do amazing work. Also, if you're looking for truly raw almonds, they can be attained by buying direct from a farmer. I've got a few at my farmers' market and I think the going rate is $10/lb. Email me if you want me to send you some.

Jill Richardson :: Almond Growers Sue USDA
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Query (4.00 / 1)
Since this was "merely" a Final Rule adopted by the Secretary of Agriculture, how difficult would it be for Schaefer's successor in slightly over four months to simply void the rule or issue a superceding one that effectively nullifies it?  While I applaud the lawsuit, I just wonder whether it will be necessary to see it all the way through to a conclusion if the right guy wins in November.

For now, there's no indication from the docket that the plaintiffs immediately plan to file for a preliminary injunction preventing enforcement of the rule -- the complaint seeks a declaratory judgment and permanent injunction, but that would only be at the back end of the lawsuit.  Admittedly, the lawsuit was only filed yesterday, and to be granted a preliminary injunction, the plaintiffs would need to show not only a substantial likelihood of ultimate success on the merits of the suit, but also that they would be irreparably harmed by enforcement.  In my very cynical view, that latter part might be the sticking point because the short-term harm could potentially be cured by the rule's removal and/or monetary compensation.  We'll have to see how Judge Ellen Huvelle of the D.C. District Court approaches matters if the plaintiffs seek early relief.


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