Food Poisoning Lawyer & Attorney : Marler Clark : Food Poison Journal

The California Almond Board recently requested an extension on a September 1, 2007 requirement that all California almonds be pasteurized before sale, stating that not all almond growers had the ability to get necessary equipment and processes i place to avoid an interruption in the almond supply.  Monday, USDA denied the request.  In a statement, deputy administrator for USDA's fruit and vegetable programs, Robert Keeney, stated:

While we understand the Board's concerns, USDA also wants to ensure that the quality and safety of almonds and almond products in the marketplace continue to improve.  These goals require measures to help reduce the potential of a third Salmonella outbreak linked to almonds.

As of September 1, USDA will require all almond producers to treat their almonds with a burst of steam, which will kill any pathogens, or to use a sterilization process involving sending almonds into a chamber where they are sprayed with a gas that kills pathogens. 

Read more about the USDA's decision at Businessweek.com.

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California almond growers have asked for an extension on a rule requiring all almonds sold commercially to be pasteurized.  The California Almond Board has asked the USDA to push back the date of required pasteurization to march 1, 2008.  The Board is arguing that almond farmers have not had enough time to validate their processes and update their machinery. 

The San Diego Tribune reported on the Almond Board's request:

The largest organization of almond growers is asking the government for a six-month delay before enforcing a new rule requiring all California almonds to be pasteurized, saying farmers can't adjust in time to meet the original deadline.

In January, the U.S. Department of Agriculture announced it would require virtually all almonds to be pasteurized by Sept. 1, following Salmonella outbreaks in 2001 and 2004 that were traced to raw almonds.

The California Almond Board posted the following on its website:

Why was a food safety plan necessary?

In the past 5 years, the almond industry experienced two food safety incidents in which raw almonds were recalled due to the presence of Salmonella. While contamination in almonds is not common, the industry determined that aggressive measures were necessary to prevent any other occurrences. Research was needed to develop more effective, practical technologies for reducing potential contaminants in almonds. It was also important for the entire industry to adopt these food safety measures in order to provide the safest and highest quality product possible for consumers. The “Action Plan” accomplishes both of these goals.

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According to an article titled, "Move over, milk -- almonds are headed for pasteurization," published in the San Francisco Chronicle, all almonds sold in the United States are to be heat treated or fumigated with chemicals that will kill pathogenic bacteria like Salmonella in the near future. 

The Chronicle's Carol Ness reports:

"Pasteurization" is the California almond industry's response to two salmonella outbreaks, traced to almonds, that sickened a total of about 130 consumers -- and resulted in lawsuits -- in 2001 and 2004.

Starting Sept. 1, under industry-written rules adopted March 30 by the U.S. Department of Agriculture, almost all almonds sold in the United States will have to be treated, either with short blasts of steam or dry heat, or with a carcinogenic chemical that's used to make bowling balls and foam seat cushions as well as insecticide.

Marler Clark represented victims of the 2004 outbreak traced to almonds sold world-wide. 

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