In an effort to combat citrus greening, some citrus farmers have reportedly begun spraying antibiotics on their trees, sparking concerns about antibiotic resistance, according to the New York Times. The Environmental Protection Agency (EPA) apparently approved the use of streptomycin and oxytetracycline for emergencies "despite strenuous objections from the Food and Drug Administration and the Centers for Disease Control and Prevention" and the existence of bans on similar uses in Europe and Brazil. The Times calls the growers' current use and the levels that EPA has approved for the future "the largest use of medically important antibiotics in cash crops" and contrasts the decision to the ban on antibiotics used to promote growth in farm animals. One plant pathologist reportedly told the Times that EPA prohibits the application of antibiotics 40 days before harvest, resulting in "little chance consumers would ingest the drugs."
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A New York federal court has dismissed most of the claims in a cold-pressed juice putative class action but will allow to proceed allegations related to heat-processing of citrus juices. Davis v. Hain Celestial Grp., Inc., No. 17-5191 (E.D.N.Y., entered April 3, 2018). The court dismissed the complaint’s allegations involving high-pressure processing, finding that “the label taken as a whole makes clear that the juice was subjected to pressure for food safety purposes.” Even if consumers “are not generally aware of non-thermal processing methods, the Cold-Pressed Line labels clearly indicate that such methods exist,” the court held. “'Cold pressed' does not cease to be a truthful moniker for the juice simply because there were subsequent steps in the juice’s production process.” The court declined to dismiss the plaintiff’s allegations that all citrus juices—including lemon juice, which appears in all of the contested products—must be heat-processed. If true, the court found, the…
After years of litigation over whether Florida should reimburse residents whose healthy citrus trees were cut down in an effort to eradicate citrus canker, the Florida Supreme Court has upheld Gov. Rick Scott's veto of $37.4 million appropriated by the state legislature that would have paid judgments to homeowners in two counties. Bogorff v. Scott, No. 17-1155 (Fla., order entered July 13, 2017). From 2000 to 2006, Florida attempted to eradicate citrus canker in the state, eventually chopping down more than 500,000 orange, grapefruit and key lime trees throughout the state located within 1,900 feet of an infected tree, even if the trees showed no signs of the disease. In May 2017, lawmakers budgeted funds to pay previous judgments awarded to homeowners in Lee and Broward counties, two of the five counties affected. Gov. Scott used a line-item veto to stop the budgeted payments; the Lee county plaintiffs then sought…
A group of California citrus growers has sued the U.S. Department of Agriculture seeking to stop implementation of a new rule that would lift the ban on importation of lemons from Argentina, claiming the rule violates both “sound science and good public policy.” U.S. Citrus Sci. Council v. USDA, No. 17-0680 (E.D. Cal., filed May 17, 2017). The plaintiffs assert that the United States has banned Argentine lemon imports since 1947 because “highly destructive plant pests and diseases plague Argentine citrus” and the Argentine government agency charged with plant protection “has a long and problematic history of failing to report pest and disease outbreaks promptly and of failing to ensure compliance” with basic plant protection measures. The plaintiffs argue that the Animal and Plant Health Inspection Service violated both the Plant Protection Act and the Administrative Procedure Act when it promulgated the new rule relying on conclusions reached during a…
The European Court of Justice (ECJ) has reportedly affirmed a ruling that Spanish citrus growers must label their fruits when they have used chemicals or preservatives in post-harvest processing. Spain challenged the European Commission’s (EC’s) power to enact the rule, arguing the U.N. Economic Commission for Europe had set voluntary standards only. The lower court noted that even though the EC must consider U.N. standards, it is not required to adopt those guidelines, reasoning that the ECJ reportedly echoed in its ruling. Spain also argued that the rule created an unconstitutional distinction between citrus growers and growers of other fruit, but the lower court found that citrus fruit is often subjected to higher levels of chemical processing and that citrus peels are used differently than the peels of other fruits and vegetables because they are often added to food for additional flavor. See Wall Street Journal, March 3, 2016. …
A recent New York Times article highlighting the apparent fragility of the lime harvest has blamed a recent shortage on “weather, disease and even Mexican criminals,” warning that increased wholesale prices have only compounded the problem. According to citrus researcher David Karp, a citrus greening disease known as huanglongbing (HLB) has already infiltrated groves in Mexico, which supplies 95 percent of the limes consumed in the United States. In addition to reducing the Key lime harvest by one-third in the past three years, the presence of HLB in Colima has stoked fears that the disease will spread to Persian limes located in Veracruz and other Mexican states. In addition, as industry leaders told Karp, the current shortfall has not only induced farmers to strip their trees early “to cash in on sky-high prices,” but attracted the attention of criminal cartels that have reportedly started “plundering fruit from groves and hijacking…
