Page 57 - Summer2009

conclusions. One, the nation’s corporate agri- community has a secret weapon: consumers like yourself who are will-
businesses are out of control and we obviously ing to go out of their way to procure superior quality, nutrient-dense food
need our government to provide strict oversight. for your families. And you have proven time and time again that you are
Two, as a community we need to be on guard willing to stand, shoulder to shoulder, with the best farmers in this na-
so that new regulations, which are needed for tion, protecting their ability to produce environmentally responsible, truly
industrial-scale farming, do not place the true humane, and nutritionally superior food. This is a powerful alliance to be
heroes in agriculture—local family farmers—at reckoned with in the marketplace and in Washington.
a competitive disadvantage.
Mark Kastel is co-founder of The Cornucopia Institute, a progressive
NATIONAL ANIMAL farm policy research group based in Wisconsin and director of its Organic
IDENTIFICATION SYSTEM (NAIS) Integrity Project. For almost 20 years prior to its launch he was president
The USDA has taken their show-and-tell on of M. A. Kastel and Associates, Inc. His professional practice included
NAIS on the road, visiting farm communities political consulting, lobbying work on behalf of family farm groups and
around the country. The recent release of their EXVLQHVV GHYHORSPHQW ZRUN EHQH¿WLQJ IDPLO\ VFDOH IDUPHUV 0U .DVWHO
cost analysis, on initial review, appears to be has played a key role in a number of cooperative ventures designed to
wholly inadequate in addressing disproportion- empower farmers in the marketplace. His development work has focused
ally higher costs that smaller, direct livestock on creating sustainable farmer-owned businesses with an emphasis on
marketers would face. For a more complete dairy production and marketing. Kastel played a key role in the farm
DQDO\VLV SOHDVH ¿QG DQ DUWLFOH E\ RXU UHVSHFWHG community’s response to the introduction of rBGH. Kastel lives on a 160-
FROOHDJXH -XGLWK 0F*HDU\ RQ SDJH acre organic farm in the rugged hills of southwestern Wisconsin, near the
Although this report certainly contains some tiny burg of Rockton. Visit his website at www.cornucopia.org.
dark clouds on the horizon, the organic farming

RAW ALMOND FIGHT TWISTING THROUGH COURTS

Lawyers for almond farmers challenging the USDA’s raw almond pasteurization mandate have filed motions asking the
judge to reconsider several key points in her decision on March 9, which dismissed their lawsuit on procedural grounds.
Washington, D.C. Federal District Court judge Ellen Segal Huvelle ruled that the almond farmers have no right to have
their concerns about the alleged illegal nature of the almond treatment scheme heard in court.
But lawyers representing the farmers say that the judge’s ruling was erroneous. In particular, they note that one key
area where the judge mistakenly asserts that the interests of the almond farmers are adequately represented by almond

handlers in the regulatory process. Handlers buy almonds from farmers, process them and ship the nuts to market. One
can see that the interests of the buyer (handler) are not necessarily always the same as those of the seller (farmer).
The judge also mistakenly concluded that several of the farmer plaintiffs, who sell their own raw almonds, are han-
dlers. In fact, they are not handlers, nor have they ever claimed to be handlers—a classification which would require a
license from the state of California.
Most importantly, Judge Huvelle’s decision sidestepped the merits and substance of the lawsuit contesting the legality,
efficacy and impacts of the raw almond pasteurization mandate. These arguments have yet to be debated in court.
New legal motions were filed with the judge asking her to reconsider her ruling. A decision can be expected by mid-
June. Should Judge Huvelle refuse to change her ruling, an appeal will be pursued at the next judicial level in an effort to
win for farmers their right to be heard in court. Cornucopia Institute is continuing to help coordinate the farmers’ legal
strategy and has been raising funds for legal costs associated with that effort.
It has also been learned that the Almond Board of California has decided to establish a subcommittee of organic
almond handlers. While this development is certainly welcome, it would have helped if this had been done several years
ago so that the organic sector could have weighed in on the controversial raw almond pasteurization plan.
This year’s almond harvest is forecast to total around 1.45 billion pounds, marking another bumper crop. Conventional
prices have plummeted in the last couple of years and price pressure is also impacting organic almonds, although not as
severely. Meanwhile, imports—especially untreated and unpasteurized raw imports—are booming and have displaced
California raw almonds in many retail stores. This is a most unfortunate and distressing situation for those almond farmers
who had been supplying a growing and vibrant raw niche market.
Cornucopia is committed to fighting for the return to grocers’ shelves of an American-grown, highly nutritional raw
food that’s been eaten with confidence and enjoyment for decades. To stay abreast of the Institute’s activities, watch the
Authentic Raw Almond Project page on Cornucopia’s website, www.cornucopia.org.

SUMMER 2009 Wise Traditions 55