Federal Court Victory: Almond Farmers Can Challenge USDA Pasteurization Rule

WASHINGTON, DC – A federal appeals court ruled today, overturning a lower court decision, that a group of California almond farmers have the right to challenge a USDA regulation requiring the treatment of their raw almonds with a toxic fumigant or steam heat prior to sale to consumers. For the past three years, the U.S. Department of Agriculture has denied American consumers the right to buy raw almonds, grown in the USA, when they shop in grocery and natural food stores.

A group of almond growers sued the government to challenge USDA’s rule, but the federal district court ruled that courtroom doors were closed to the growers’ claims. The controversial rule has cost individual farmers millions of dollars in lost sales since it was enacted in September 2007.

“We are delighted by the court’s decision,” said Will Fantle, Cornucopia’s Research Director. Cornucopia has been coordinating the legal strategy for the farmers’ lawsuit. “At long last the farmers who have been injured by this rule will have the opportunity to stand in court and state why this poorly thought out regulation should be thrown out,” Fantle added.