Senior Farm Policy Analyst, The Cornucopia Institute
Oddly, imports into the U.S. of foreign nuts are exempt from the rule, as are exports shipped from the U.S. to other countries.
Wednesday, March 11, 2009--The dismissal, on technical grounds, by a federal court judge on Monday of a lawsuit challenging the USDA’s raw almond pasteurization mandate will likely not end the controversy.
“The court’s decision sidestepped the merits and substance of the lawsuit,” said Will Fantle of The Cornucopia Institute, a Wisconsin-based family farm research group and organizer of the almond lawsuit.
The USDA’s lack of legal authority to enact the controversial raw almond regulation and its fumbling of the rule’s implementation were among major substantive claims detailed in the lawsuit—none of which the court has yet to rule on. Eighteen California almond farmers and wholesale nut handlers had filed the suit against the USDA last September.
“Instead,” said Fantle, “the judge decided on procedural grounds that almond farmers, just like consumers and retailers, have no right to have their concerns about the illegal nature of the almond treatment scheme heard in court.”
Almond farmers and handlers engaged in the sale of raw and/or organic almonds have watched their operations disintegrate as a result of the treatment mandate. Consumers and retailers have turned to foreign suppliers, taking advantage of the regulatory loophole, for untreated raw and organic almonds.
When the almond pasteurization mandate was first proposed, the USDA notified 200 industry representatives who submitted, nationally, a total of only 18 formal responses during the legally mandated public comment period.
When The Cornucopia Institute alerted almond growers, consumers, and retailers, well over 10,000 comments came into the USDA, asking the department to re-open comments and take their concerns into consideration.What many consumers and retailers found most repugnant was that despite the mandated fumigation or steam treatment, almonds would still be labeled in the marketplace as "raw."
Bush administration officials, who first entertained the idea of a "compromise" whereby organic and other high-quality smaller growers could continue to sell truly raw almonds, including a notice telling consumers that they had not been pasteurized, later informed Cornucopia that they had rejected the alternative proposal and decided to "side with the industry."
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