Almond Industry Can't Upend Salmonella Rules
Almond Industry Can't Upend Salmonella Rules
WASHINGTON (CN) - Salmonella prevention justifies U.S. Department of Agriculture requirements that all domestic almonds face pasteurization or chemical treatment, a federal judge ruled.
The USDA adopted the rule in 2007 after Salmonella outbreaks in 2001 and 2004 were blamed on raw almonds.
Claiming that the rule destroyed the industry of raw almond production, however, the California almond producers farmers filed suit in federal court. The industry claimed that USDA Secretary Thomas Vilsack exceeded his authority under the Agricultural Marketing Agreement Act (AMAA).
"At root, plaintiffs claim that the Salmonella rule is a food safety measure, as distinguished from a measure to guarantee the quality of almonds such that they may be effectively marketed," U.S. District Judge Ellen Huvelle explained Wednesday. "Plaintiffs argue that such "food safety" measures are the responsibility of the Food and Drug Administration and are clearly not encompassed by the plain meaning of 'quality' in the AMAA."
http://www.courthousenews.com/2012/01/20/43219.htm
