Judge Cuts Off Citrus Imports

Ventura County growers are cheering a federal judge’s decision to suspend the importation of Argentine citrus into the United States, with some predicting Monday it could lead to a permanent ban.

Citing concerns about pests and disease, growers filed suit last year seeking to overturn a decision by the U.S. Department of Agriculture to allow Argentine fruit into the country starting in summer 2000.

A U.S. District Court judge in Fresno blocked the shipments last week, saying agricultural officials failed to adequately assess the risk of disease from the imports to the domestic market. Judge Robert E. Coyle ruled that the USDA would have to conduct a more thorough risk analysis and provide evidence that the importation program would not economically harm the nation’s citrus growers before shipments could continue.

The ruling was welcomed by local farmers, who have spent three years battling the USDA proposal. And some contend the importation program now could be derailed altogether given new demands, stemming from the Sept. 11 terrorist attacks, to tighten the country’s borders.

“We are in a different environment, and our priorities may have changed from a year ago,” said farmer Link Leavens, who manages 700 acres of lemon and avocado orchards around Ventura, Santa Paula and Moorpark.

“The judge nailed it when he said the USDA did not do its due diligence to protect the domestic industry,” Leavens said. “We feel good about that, but the deal is not done.”

About 1.3 million cartons of Argentine lemons, oranges and grapefruits have been shipped into the United States since the USDA approved the importation program in June 2000.

The fruit was immediately allowed into 34 states, and after four years would have been funneled directly to the nation’s five citrus-producing states, including California and Arizona.

That changed after last week’s court ruling, which was spurred by a lawsuit from the Santa Paula-based U.S. Citrus Science Council. The group, which represents more than 5,000 growers, argued that the USDA had not done enough to safeguard the nation’s $2.5-billion citrus industry from crop-destroying pests and diseases.

Coyle agreed, saying the USDA had acted arbitrarily and capriciously in authorizing the Argentine imports. Moreover, the judge expressed concern about the USDA’s reliance on Argentina’s plant protection agency to ensure that imports were pest- and disease-free.

“This has always been about protecting our groves,” said Pierre Tada, co-chairman of the citrus council and president of Limoneira Co., Ventura County’s largest citrus grower. “The judge basically agreed with us that the government didn’t do the work necessary to protect growers’ interests.”

USDA officials could not be reached Monday for comment. The agency has 60 days to decide whether to appeal. It also could choose to abandon the importation program or embark on a second round of studies to assess the risks to domestic groves.

There’s no telling how long such an assessment would take. But growers and their advocates say the USDA should take as long as it needs.

“If we are going to be a country that prides itself on free trade, it should also be fair trade,” said Rep. Elton Gallegly (R-Simi Valley), who spoke on behalf of growers at federal hearings on the issue in 1999.

Some growers say they don’t know if any amount of evidence could convince them that Argentine citrus could be safely imported. Others are willing to let a sound, scientific assessment be the final measure.

“I think if the science is done, if the appropriate risk-analysis steps are taken, then we’d be OK,” said Santa Paula citrus grower Richard Pidduck.