USDA Can't Mandate Almond Processing, Growers Tell DC Circ.

Law360, Washington (December 7, 2012, 2:54 PM EST) -- A group of domestic almond growers told a D.C. Circuit panel on Friday that the U.S. Department of Agriculture can't require them to pasteurize raw almonds to prevent salmonella outbreaks, claiming that mandating treatment falls outside the USDA's quality control authority.

Although the Agriculture Marketing Agreement Act of 1937 allows the USDA to regulate a commodity's inherent attributes and mandate testing or grading standards to maintain quality standards, the growers contend that authority doesn't stretch to setting product processing or treatment programs.

While the agency set...
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