Judge Rules Almonds Must Be Pasteurized

A federal judge dismissed a lawsuit challenging USDA requirements that almonds sold domestically be pasteurized, a rule implemented in 2007 after salmonella outbreaks traced to almonds in 2001 and 2004 sickened consumers. U.S. District Court Judge Ellen Segal Huvelle ruled on technical grounds that almond growers have no right to judicial review and handlers must seek administrative remedy before coming to court. The regulation has devastated some organic almond growers. Nick Koretoff of Nick Koretoff Ranches in Fresno says retail accounts dried up because consumers preferring raw products won't buy treated almonds. "They took that whole market from us," he states. His son Steven notes their price dropped from $6.25 per pound in 2006 to around $3.25 after the September 2007 rule took effect, with the company losing $3 million annually for three consecutive years. "It's been a perfect storm, financially." The family contends the rule is unfair because it's not imposed on European suppliers—California produces 80 percent of the world's almonds and almost 100 percent sold in the U.S., but some retailers now turn to Europe for untreated nuts. Marler, who represented plaintiffs in the 2004 salmonella cases traced to almonds, supports pasteurization: "I can understand from dealing with the raw juice and raw milk and raw food people that they are very adamant that their products are better than pasteurized products. But in this instance, the evidence is very clear that this is the type of product that needs to be pasteurized." Even organic growers who protest the rule kill bacteria through steam processing, illustrating that some form of treatment is necessary.