Organic Almond Growers Lose in D.C. Circuit

Organic Almond Growers Lose in D.C. Circuit

(CN) - Organic growers cannot challenge a rule requiring almonds to be treated with heat or chemicals because they did not object during the notice period, the D.C. Circuit ruled.

After two salmonella outbreaks were linked to almonds grown in California, the Secretary of Agriculture proposed a pasteurization rule requiring domestic almond growers to treat the nuts with heat or chemicals to kill bacteria.

California grows 100 percent of the U.S. commercial almond supply and harvests more than 80 percent of the world's crop, exporting 637,000 metric tons in 2011, according to industry publications.

But when the rule took effect in 2007, raw domestic almonds became unavailable in the U.S.

Several organic almond growers challenged the rule in Federal Court, claiming the Secretary exceeded his authority by requiring all
almonds to be treated regardless of whether they are contaminated.

But the district court sided with the Secretary, finding that the producers waived their claims by not objecting during the rule's notice period, and the D.C. Circuit affirmed on appeal.

http://www.courthousenews.com/2013/02/28/55267.htm#sthash.FPwqyg8J.dpuf