The 100 lb per customer per day "retail at a roadside stand" exemption can be found in the full text of the California almond pasteurization law. This includes grower sales at certified farmers markets --

TITLE 7—AGRICULTURE
DEPARTMENT OF AGRICULTURE
PART 981—ALMONDS GROWN IN CALIFORNIA
Administrative Rules and Regulations
August 2009

"Section 981.413 Roadside stand exemption.
"The term at retail at a roadside stand as used in §981.13 shall be defined to mean sales for home use and not for resale which are not in excess of 100 pounds net kernel weight to any one customer per day. Sales of almonds at certified farmers' markets in compliance with section 1392 of the regulations of the California Department of Food and Agriculture shall be construed as "roadside" sales for the purpose of §981.13 where these conditions are met."

[www.almondboard.com]

Searching almondboard.com for "internet sales" directs to Miscellaneous Provisions --

"Roadside stand regulations
"The term at retail at a roadside stand as used in §981.13 shall be defined to mean sales for home use and not for resale which are not in excess of 100 pounds net kernel weight to any one customer per day. Sales of almonds at certified farmers' markets in compliance with section 1392 of the regulations of the California Department of Food and Agriculture shall be construed as “roadside” sales for the purpose of §981.13 where these conditions are met."

[www.almondboard.com]

.. maybe the next version of the almond law will expressly address internet sales...

Wow, thanks for all this research Loeve!

ha-ha, some like crossword puzzles

Regarding the exemption where growers may sell unpasteurized California almonds to consumers at roadside stands or "certified farmers' markets", the California Code of Regulations defines "certified farmers' market" and also "customer" as an individual "at or near" the market --

§1392.2. Definitions.
Unless the context otherwise requires, the following definitions govern the construction of the language in this article.
(a) Certified Farmers' Market. A location approved by the county agricultural commissioner of that county where agricultural products are sold by producers or certified producers directly to consumers. A certified farmers' market may be operated by one or more certified producers...
(g) Consumer. A person who purchases and receives agricultural products at or near the point of production or at a certified farmers' market. It excludes a person who purchases fresh fruits, nuts, and vegetables for commercial resale unless such products comply with all applicable size, standard pack, containers, and labeling requirements."

[www.cafarmersmarkets.info]

.."at or near" is relative in these days of the internet and fast shipping. Growers selling over the internet do seem to me to be keeping in the spirit of the law as long as within the context of a certified farmers market.

By the way, a "consumer" can also be a commercial retailer as set out in the above section (g).

Maybe this is how a co-op in Tennesee can get unpasteurized almonds shipped to them.



Edited 1 time(s). Last edit at 04/29/2010 11:21AM by loeve.

..wait a minute, under the Certified Farmer's Market regulations "at or near" the point of production (i.e. an almond farm) has been defined --

"27. What is considered “at or near the point of production” when a producer is
direct marketing products?
A point or location which normally does not extend beyond the first paved county or primary road."

[www.cdfa.ca.gov]

..so one has to physically go to the certified farmers' market?, but there *may* be more direct marketing flexability via the web at California "roadside stands", I'm pretty sure...



Edited 1 time(s). Last edit at 04/29/2010 04:42PM by loeve.

..California farm stands seem to have been given a bit more latitute than certified farmer's markets --

"Assembly Bill No. 2168
CHAPTER 447
...
AB 2168, Jones. Farm stands: direct marketing: retail food.
Existing law sets forth various findings and declarations relating to the
direct marketing of agricultural products.
This bill would include certain findings with respect to farm stands and
would state that it is the intent of the state to promote the consumption of
California-grown produce, as specified.
Existing law authorizes the Secretary of Food and Agriculture to adopt
regulations to encourage the direct sale by farmers to consumers of all types
of California agricultural products, as specified.
This bill would, instead, authorize the adoption of those regulations to
encourage the direct sale by farmers to the public of all types of California
agricultural products. The bill would also specify that the regulations may
include provisions to ensure that selling activities are conducted without
fraud, deception, or misrepresentation.
Existing law provides for the direct marketing of agricultural products,
including through certified farmers’ markets or at a retail stand located at
or near the point of production, subject to specified conditions.
This bill would delete language authorizing this direct marketing by retail
stands located at or near the point of production, and would instead authorize
field retail stands, as defined, and farm stands, as defined, to engage in
similar direct marketing, subject to similar conditions. This bill would also
establish farm stands, as defined, subject to certain specified requirements,
as another form of direct marketing outlet. The products available from,
and the restrictions and requirements that apply to, these direct marketing
venues would vary, as specified."

[www.co.lake.ca.us]



Edited 2 time(s). Last edit at 04/29/2010 09:31PM by loeve.

Here in VA our local health food grocer sells truly raw almonds from Spain. They are more expensive, but they are good!!

..nice, LindaLB, I've heard the almonds from Spain are very good.

Regarding California almonds, the USDA is a federal authority overseeing food
and agriculture and is continually updating their guidelines on direct
marketing, this as of 8-18-09 including a mention of roadside stands and
support for "all areas of direct-to-consumer marketing including... Internet
marketing" --
...
"Farmers Markets and Direct-to-Consumer Marketing

"Our Farmers Markets and Direct-to-Consumer Marketing cluster works to improve
market access for operators of small and medium-size farms, helping them to
compete effectively outside the mass supermarket system and other large
wholesale market channels.
We promote and support the development and continued operation of all areas of
direct-to-consumer marketing including:

"Farmers markets, farm stands, and roadside stands
Community-supported agriculture (CSA)
“Pick-your-own” farms
Internet marketing
Niche markets

"We encourage and support development of private direct marketing and farmers
market associations and State-level associations, and we promote collaboration
and coordinate regional networking among private and public organizations.

"In order to help agricultural producers benefit from ongoing consumer interest
in direct-to-consumer marketing and strengthen producer and consumer linkages, we:

"Identify issues and opportunities that affect every area of direct-to-consumer
marketing.

"Conduct timely research and support that of others, providing industry with
information needed to make informed decisions in response to changing marketing
conditions and to guide them to the most promising practices. Our research
yields consumer trends, case studies, successful models, and “how-to” information.

"Disseminate results of research and data collection through our Web sites,
conferences, workshops, training sessions, videos, and publications.

"Collaborate with other agencies involved in direct marketing, including State
departments of agriculture, Extension agents, universities, tribal governments,
and farmer organizations and associations. Partnering with these agencies
enhances direct marketing efforts throughout the industry.

"Maintain a clearinghouse--a central location where our research and
information and that of other agencies, organizations, and associations is
accessible."

[www.ams.usda.gov]



Edited 1 time(s). Last edit at 04/30/2010 11:47AM by loeve.

whew!! I finally ran into a cool couple who sell raw nuts they grow on their farm here in the santa rosa area. They are super yummy, and there ain't no doubt they are super raw as i handed the $$$ directly to the farmers !!!!!!!!

The Raw Lion 440 pounds to 225 pounds!

So, once again, even the almonds in shells are not raw, correct? I mean those that you can buy in the stores.

Hi rab,
Good question. Do you mean the almonds in-shell that are seen around US stores during the holidays? I believe those are customarily roasted. I've seem them both in bags of mixed in-shell nuts and bags of in-shell almonds. My family always puts a bowl of them out for the holidays, probably as much for tradition as for snacking. They can go stale so I see them on sale after the holidays then not again till the next year. In my US store they are now carrying almonds whole, sliced or chipped and make no mention whether raw or roasted on the label; they also have whole almonds labeled "organic raw" that are probably quick steam pasteurized (the almond's outermost surface is pasteurized) though there is no mention of that on the label (none required). If the label says "unpasteurized" they are truly raw, in my opinion.

It seems US distributors don't have to list whether nuts are raw or not, except in the case of unpasteurized almonds which may have to say *unpasteurized* on the label. Most stores and distributors wouldn't want to deal with procuring truly raw unpasteurized almonds in the regulated small quantities then insuring they are properly labeled. Bremner Farms labels their internet shelled almonds "Raw Organic Unpasteurized Almonds".

[www.organicalmondsraw.com]



Edited 1 time(s). Last edit at 05/08/2010 11:34AM by loeve.

"It seems US distributors don't have to list whether nuts are raw or not, except in the case of unpasteurized almonds which may have to say *unpasteurized* on the label."

Of course, we're talking about just California almonds. Almonds grown in other countries are exempt from the California/USDA almond laws so can be sold unpasteurized without restrictions even in North America.

"Do you mean the almonds in-shell that are seen around US stores during the holidays? I believe those are customarily roasted."

Uh, or blanched. Some of the beautiful looking whole, sliced and slivered almonds I see in US stores might very well be blanched.

..though the California Almond Board does not seem to mandate pasteurization of in-shell almonds there's no reason handlers/distributors can't use heat to process them is there? Maybe that's a good source of truly raw almonds depending on the source?

LindaLB Wrote:
-------------------------------------------------------
> Here in VA our local health food grocer sells
> truly raw almonds from Spain. They are more
> expensive, but they are good!!


Where in VA can one purchase raw almonds? Thanks.

Basically if you are buying from the farmer, and the farmer says they are raw, they are raw. its simple. if you are buying from a big company, most likely not raw. I buy my almonds at the farmers market now.

The Raw Lion 440 pounds to 225 pounds!

I buy mine at Good Foods Grocery in Richmond, VA. Sad to say they have stopped carrying things like raw pistachios, but the raw Spanish almonds they have.

If you can sprout them would that mean they are raw? I had some almonds that were claimed raw on the package. I bought them from Ralphs of all places and they sprouted.

If they sprout, they are alive, so yeah, id say they are at least raw enough...

---------------------------------------------------------------------------------------------------------------
Oh, mirror in the sky
What is love?
Can the child within my heart rise above?
Can I sail through the changing ocean tides?
Can I handle the seasons of my life?

The grower can sell direct from farm or from farmers market, it is illegal to ship them. Per USDA, and the California Almond Board. Also you have to watch out for growers that mix their almonds, mixing junk cheap almonds with non pareil, then selling them as non pareil. This is also illegal, and fraud. Bremner farms blends 50/50 and fails to tell the customers anything about it.

The organic coops that sell california almonds as raw ARE LIARS!!!

No study on earth shows pasteurized almonds grow into trees.

This is why I get my almonds from a farm that grows them organically. On general markets they're almost impossible to find.

TinaM Wrote:
-------------------------------------------------------
> This is why I get my almonds from a farm that
> grows them organically. On general markets they're
> almost impossible to find.


What state do you live in and how much do you pay per pound? Organic and raw are different so are they really raw?