DC Circ. Upholds USDA Almond Treatment Rule

Law360, New York (February 22, 2013, 2:35 PM EST) -- The D.C. Circuit on Friday upheld a U.S. Department of Agriculture rule requiring domestic almond growers to pasteurize raw almonds to reduce the threat of salmonella outbreaks, finding that the plaintiffs waived their claims by not participating during the public comment period when the rule was proposed.

The growers, who claim that mandating treatment falls outside the USDA's quality control authority, argued that they have the authority to challenge the rule in court because other commenters brought up the same issues as part of the rulemaking...
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