USDA

US almond growers achieve court victory in fight against mandatory fumigation

Wednesday, August 11, 2010
by Mike Adams, the Health Ranger
Editor of NaturalNews.com (See all articles...)
Tags: almonds, USDA, health news

eTrust Pro Certified

Delicious Pin It
(NaturalNews) Three years after the USDA destroyed the U.S. raw almond business by forcing almond producers to fumigate or pasteurize their nuts, a significant victory has been achieved that could overturn that onerous regulation. A federal appeals court has ruled that California almond farmers may now challenge the USDA regulation in the courts.

Why is this a victory? Because for years, a federal district court has ruled that almond growers could not even challenge the rule. The USDA's power over farmers was absolutely, the court seemed to say, and no mere peasants can challenge the King.

But today that has all changed. A Cornucopia Institute press release announces the details of this court decision:

From the Cornucopia Institute...

See original release at http://www.cornucopia.org/2010/08/federal-co...

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.

The USDA and the Almond Board of California imposed the treatment scheme to minimize the risk of salmonella contamination outbreaks like those that had occurred with almonds in 2001 and 2004. USDA investigators were never able to determine how salmonella bacteria somehow contaminated the raw almonds that caused the food illnesses but they were able to trace back one of the outbreaks, in part, to the country's largest "factory farm," growing almonds and pistachios on over 9000 acres.

Family-scale growers have argued that the onerous and expensive mandated treatment regime is only needed by the giant industrial producers, who have less control over the quality of their nuts, and has hurt their market because it consumer resistance.

Many in the industry have questioned the logic exempting foreign-grown almonds from the treatment scheme. Imports have displaced raw domestic nuts in many major markets and retail locations across the U.S. This regulatory loophole is part of what has been crushing California producers.

"I am very happy with this first step in overturning this destructive regulation," said Nick Koretoff, an almond farmer and plaintiff in the lawsuit. "The treatment mandate has been a financial catastrophe for me. My consumers want raw, untreated healthy almonds and I have been denied the opportunity to sell them what they want."

Attorney John Vetne, who has been representing the almond farmers, said the Appeals Court made a "very strong decision affirming farmers' rights." The USDA had been arguing that farmers did not even have the right to legally challenge the USDA regulation. "We are pleased that the Appeals Court rejected USDA's argument that courthouse doors are closed to farmers. We now intend to demonstrate to the federal district court that USDA acted outside of authority granted by Congress when it denied California almond growers a consumer market for raw almonds," Vetne added.

Tens of thousands of consumers have expressed their discontent with the raw almond treatment rule in comments to the USDA. Organic and raw foods enthusiasts were particularly incensed that the nuts, despite being processed with propylene oxide (identified as a carcinogen by the federal EPA) or steam-heat, were still allowed to be labeled as "raw" -- many believe that essential nutrients in food can be destroyed by heat, radiation and toxic chemicals.

The Cornucopia Institute, an organization known for its research and defense of family farmers involved in organics, artisan and local food production, was impressed with how many consumers have a real passion for maintaining the availability of raw food and nuts, including almonds, and have been willing to financially support the farmers in their legal challenge. "Contributions continue to flow in supporting this effort," Fantle noted.

"I and many of my friends look forward to the day when we will once again be able to easily purchase truly raw, authentic almonds from California in my local store," said Joan Levin, a Chicago resident and raw foods consumer. "We hope this Appeals Court ruling brings that day closer," she said.

Learn more at:
http://www.cornucopia.org/almonds/

Get breaking news alerts on GMOs, fluoride, superfoods, natural cures and more...
Join over four million monthly readers. Email privacy 100% protected. Unsubscribe at any time.




About the author: Mike Adams (aka the "Health Ranger") is the founding editor of NaturalNews.com, the internet's No. 1 natural health news website, now reaching 7 million unique readers a month.

With a background in science and software technology, Adams is the original founder of the email newsletter technology company known as Arial Software. Using his technical experience combined with his love for natural health, Adams developed and deployed the content management system currently driving NaturalNews.com. He also engineered the high-level statistical algorithms that power SCIENCE.naturalnews.com, a massive research resource now featuring over 10 million scientific studies.

In addition to being the co-star of the popular GAIAM TV series called Secrets to Health, Adams is also the (non-paid) executive director of the non-profit Consumer Wellness Center (CWC), an organization that redirects 100% of its donations receipts to grant programs that teach children and women how to grow their own food or vastly improve their nutrition. Click here to see some of the CWC success stories.

In 2013, Adams created the Natural News Forensic Food Laboratory, a research lab that analyzes common foods and supplements, reporting the results to the public. He is well known for his incredibly popular consumer activism video blowing the lid on fake blueberries used throughout the food supply. He has also exposed "strange fibers" found in Chicken McNuggets, fake academic credentials of so-called health "gurus," dangerous "detox" products imported as battery acid and sold for oral consumption, fake acai berry scams, the California raw milk raids, the vaccine research fraud revealed by industry whistleblowers and many other topics.

Adams has also helped defend the rights of home gardeners and protect the medical freedom rights of parents. Adams is widely recognized to have made a remarkable global impact on issues like GMOs, vaccines, nutrition therapies, human consciousness.

In addition to his activism, Adams is an accomplished musician who has released ten popular songs covering a variety of activism topics.

Click here to read a more detailed bio on Mike Adams, the Health Ranger, at HealthRanger.com.

Have comments on this article? Post them here:

comments powered by Disqus

Take Action: Support NaturalNews.com

Email this article to a friend

Permalink to this article:

Reprinting this article: Non-commercial use OK, cite NaturalNews.com with clickable link.

Embed article link: (copy HTML code below):
Most Popular
Today | Week | Month | Year

See all Top Headlines...



GET SHOW DETAILS
+ a FREE GIFT

Now Available at ShopNaturalNews.com

O3 Essentials OraJuvenate™
A powerful, cleansing dental cream for maximum oral/dental health.
New Cancer Solutions
Over 3 hours of content covering today’s best cancer tests, how to kill cancer cells and the best diets and exercise routines.
Freeze-Dried 100% Organic Whole Corn
Our freeze-drying method preserves taste, texture and nutrients better than any other food preservation method ever invented.
Fenix TK35 Flashlight
Tough, waterproof, extremely bright and it’s touted to throw an 800+ lumen beam more than 1,000 feet into the night.
Inca Treasure Smoothie Pack
This pack of our four most popular superfoods from South America is the perfect combo pack for smoothie lovers.
Pink Himalayan Salt
This salt delivers significant levels of magnesium, zinc and selenium, with trace levels of dozens of other elements.
Pinhole Glasses - Aviator Style
Pinhole glasses are becoming famous for helping people improve their vision without the risks of laser surgery.
Oxy-Rich Facial Serum
O3 Essentials Jojoba Oxy-Rich Facial Serum is cellular nourishment for your skin. Helps smooth fine lines while enhancing tissue elasticity.
Freeze-Dried 100% Blackberry Halves
Our freeze-dried blackberry halves are grown in Serbia under strict organic standards.

Also on NaturalNews:

Health Ranger Videos
Activist music
CounterThink Cartoons
Food documentaries
FREE Special Reports
Podcasts
Colloidal Silver

Advertise with NaturalNews...

Support NaturalNews Sponsors:

Advertise with NaturalNews...

Most Popular Stories

Flu shot kills 19-year-old, but vaccine industry still has total immunity against lawsuits
Here's a nutty fact: Eating more tree nuts lowers the risk of all-cause death by up to 20 percent
Six important facts you're not being told about lost Malaysia Airlines Flight 370
Malaysia Airlines Flight 370 now clearly a government cover-up: All evidence contradicts official story
10 other companies that use the same Subway yoga mat chemical in their buns
BLM fracking racket exposed! Armed siege and cattle theft from Bundy ranch really about fracking leases
High-dose vitamin C injections shown to annihilate cancer
U.S. treating meat with ammonia, bleach and antibiotics to kill the '24-hour sickness'
USDA to allow U.S. to be overrun with contaminated chicken from China
Vaccine fraud exposed: Measles and mumps making a huge comeback because vaccines are designed to fail, say Merck virologists
Battle for humanity nearly lost: global food supply deliberately engineered to end life, not nourish it
Diet soda, aspartame linked to premature deaths in women

25 Amazing Facts About Food

This FREE downloadable report unveils a collection of astonishing and little-known facts about the food we eat very day. Click here to read it now...

 

Resveratrol and its Effects on Human Health and Longevity - Myth or Miracle.

Unlock the secrets of cellular health with the "miracle" nutrient Resveratrol Click here to read it now...

 

Nutrition Can Save America

FREE online report shows how we can save America through a nutrition health care revolution. "Eating healthy is patriotic!" Click here to read it now...

The Healing Power of Sunlight and Vitamin D

In this exclusive interview, Dr. Michael Holick reveals fascinating facts on how vitamin D is created and used in the human body to ward off chronic diseases like cancer, osteoporosis, mental disorders and more. Click here to read it now...

Vaccines: Get the Full Story

The International Medical Council on Vaccination has released, exclusively through NaturalNews.com, a groundbreaking document containing the signatures of physicians, brain surgeons and professors, all of which have signed on to a document stating that vaccines pose a significant risk of harm to the health of children. Click here to read it now...

Health Ranger Storable Organics

GMO-free, chemical-free foods and superfoods for long-term storage and preparedness. See selection at www.StorableOrganics.com



Recommended Resources On:

Natural News trends
Health Ranger news
Natural News GMOs
Mike Adams tracker
Natural News photos
Natural News Global
Natural News in focus
Natural News connect
Natural News shocking stories
Natural News radar
GMOs
Quackwatch
Vaccines
Health freedom
Dr. Paul Offit

This site is part of the Natural News Network © 2014 All Rights Reserved. Privacy | Terms All content posted on this site is commentary or opinion and is protected under Free Speech. Truth Publishing International, LTD. is not responsible for content written by contributing authors. The information on this site is provided for educational and entertainment purposes only. It is not intended as a substitute for professional advice of any kind. Truth Publishing assumes no responsibility for the use or misuse of this material. Your use of this website indicates your agreement to these terms and those published here. All trademarks, registered trademarks and servicemarks mentioned on this site are the property of their respective owners.

eTrust Pro Certified Android app on Google Play

Sign up for the FREE Natural News Email Newsletter

Receive breaking news on GMOs, vaccines, fluoride, radiation protection, natural cures, food safety alerts and interviews with the world's top experts on natural health and more.

Join over 7 million monthly readers of NaturalNews.com, the internet's No. 1 natural health news site. (Source: Alexa.com)

Your email address *

Please enter the code you see above*

No Thanks

Already have it and love it!

Natural News supports and helps fund these organizations:

* Required. Once you click submit, we will send you an email asking you to confirm your free registration. Your privacy is assured and your information is kept confidential. You may unsubscribe at anytime.