Almond Growers Suing to Ease Regulations that Reduce Food Value of Their Product


California almond growers and handlers have banned together to sue the United States Department of Agri­culture (USDA) over the mandated treatment program of raw almonds. The order to pasteurize or fumigate all California almonds went into effect last September and the 15 parties to the suit say this decision is sending them toward financial ruin.

The order they are disputing is one that many raw and natural food experts agree is greatly reducing the food and nutritional value of almonds. It is now law that all California almonds be steam heated or treated with the agent propylene oxide – a product the Environmental Protection Agency recognizes as a carcinogenic – before being sold to American consumers. Interestingly, these treated almonds can still legally be sold as “raw” even though they have been subjected to one of these nutrition altering measures.

The reason for the fumigation has to do with two known outbreaks of salmonella poisoning in the past decade that appear to be traceable to almonds. As a result, the USDA in conjunction with the California Almond Board invoked a plan that began on Sept. 1, 2007, to treat almonds as a necessary food safety requirement. This was done even though the USDA investigators were never able to pinpoint how salmonella bacteria somehow con­taminated raw almonds. Their investigation did center around one large “factory farm” almond and pistachio grower who raised over 9,000 acres of product.

This order by the USDA virtually wiped out much of the business for the 15 smaller almond growers and han­dlers as much of their product was destined for the health food market where people value the nutritional quali­ties of raw or organically grown almonds. Now the market for raw almonds is being filled by product coming into the U.S. from outside the country where the same treatment laws do not apply to imported almonds.

According to the suit, tens of thousands of angry consumers have contacted the USDA to protest this new regulation. Many have expressed outrage that almonds that have been fumigated or heated can still be sold as “raw.” While this consumer voice has been heard in Washington, it does not appear likely the USDA is much concerned. The following comment is from Bruce Knight, Under Secretary of the USDA for Marketing and Reg­ulatory Programs while speaking at an Almond Industry Conference in California in December 2007: “I want you to know that the USDA is continuing to receive letters from raw food advocates and their Congressional repre­sentatives opposing the salmonella treatment rule. However, we are not planning to reconsider this rule.”

Regardless of this deaf ear presented by an official of the USDA, persons interested in preserving the natural quality of their food would be well-advised to continue to write to their elected representatives to get these regu­lations changed. In the meantime, a health conscious person who wants “raw” almonds will have to be very cer­tain of the source before making a purchase. Remember, the word “raw” on the label is no guarantee of a non-pasteurized or fumigated product.

Source: The Cornucopia Institute. “Almond Growers and Handlers File Federal Lawsuit Seeking to End ‘Adulteration’ of Raw Nuts.” September 2008.
http://www.comucopia.org/index.php/almond-growers-and-handlers-file-federal-lawsuit-seeking-to-end-adulteration-of-raw-nuts/frmore-494 and the USDA. “A
Strong Outlook for US Agriculture.” December 2007. http://www.aphis.usda.govinewsroom/speeches/content/2007/12/Almonds%20final%2012-6-07.doc
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