USDA Lacked Power To Make Almond Rule, DC Circ. Hears

Law360, New York (July 9, 2012, 7:50 PM EDT) -- A group of domestic almond growers urged the D.C. Circuit on Friday to overturn a lower court's decision and find that the U.S. Department of Agriculture overstepped its authority by requiring them — but not foreign growers — to treat almonds to prevent salmonella outbreaks.

The growers argued in a brief that under the Agricultural Marketing Agreement Act of 1937, the USDA is allowed to regulate only the so-called quality of a commodity's inherent attributes, not impose processing requirements on companies. The agency issued a final...
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