Almond pasteurization requirements upheld

A federal judge this week upheld requirements that raw California almonds be treated to protect consumers from salmonella poisoning.

In a blow to organic almond producers and handlers, the Washington, D.C.-based judge rejected challenges to pasteurization requirements designed by the Almond Board of California. The Agriculture Department formally imposed the rules in March 2007, setting off sparks.

The ruling issued by U.S. District Judge Ellen Segal Huvelle on Monday did not directly address the merits of the almond pasteurization standards. Instead, Huvelle dismissed largely on technical grounds the complaint filed by Fresno-based farmer Nick Koretoff, Livington-based farmer Cynthia Lashbrook and others.

Huvelle determined the farmers had failed to exhaust potential administrative remedies. Moreover, the judge said farmers might not have legal recourse even if they could prove the safety rules would cause economic injury.

Almond Board and Agriculture Department officials were unfamiliar with the judge's decision and offered no comment on it.

The 10-member almond board, based in Modesto, administers the federal marketing order by which the $2.5 billion-a-year industry regulates quality control, research and advertising. The board recommended new safety rules in 2006 after incidents of salmonella contamination in 2001 and 2004, and the Agriculture Department subsequently put them in place.

The new rules required almond handlers to achieve a stricter reduction in salmonella bacteria count by pasteurizing the nuts before shipping. Pasteurization methods range from blanching and steam treatments to use of chemicals.

Organic almond growers said in their lawsuit filed in September that the new rules "functionally shut them out of the organic market." The growers stated that "substantial amounts" of their almonds could not be sold in the past two years.

The 2001 salmonella outbreak first identified in Canada was traced back to bulk raw almonds. A second salmonella outbreak in 2004 resulted in the recall of 15 million pounds of almonds. Consumer confidence falls with every food scare, industry leaders note.

Bee Washington Bureau reporter Michael Doyle can be reached at mdoyle @mcclatchydc.com or 202-383-0006.

This story was originally published March 13, 2009 at 9:15 PM with the headline "Almond pasteurization requirements upheld."