A federal judge Monday upheld requirements that raw California almonds be
treated to protect consumers from salmonella poisoning.

In a blow to organic almond producers and handlers, the Washington,
D.C.-based judge rejected challenges to pasteurization requirements designed
by the Almond Board of California. The Agriculture Department formally
imposed the rules in March 2007, setting off sparks.

The ruling issued by U.S. District Judge Ellen Segal Huvell did not directly
address the merits of the almond pasteurization standards. Instead, Huvell
dismissed largely on technical grounds the complaint filed by Fresno-based
farmer Nick Koretoff, Livington-based farmer Cynthia Lashbrook and others.

Huvell determined the farmers had failed to exhaust potential administrative
remedies. Moreover, the judge said farmers might not have legal recourse
even if they could prove the safety rules would cause economic injury.

“Their fundamental concern is with the impact of the treatment regulation on
their ability to sell their almonds in a niche organic market at a premium,”
Huvelle noted, adding that “the Supreme Court (has) specifically recognized
that not every loss would qualify as a deprivation of a definite personal
right of the producer.”

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