Food Safety: The Worst of Both Bills (HR 2749 & S 510)
http://www.farmtoconsumer.org/news/news-foodsafety.htm
Pay special attention to
* Section 3 which is the definitions portion of the bill-read in it’s entirety.
* section 103, 206 and 207- read in it’s entirety.
Red flags I found and I am sure there are more………..
* Legally binds state agriculture depts to enforcing federal guidelines effectively taking away the states power to do anything other than being food police for the federal dept.
* Effectively criminalizes organic farming but doesn’t actually use the word organic.
* Affects anyone growing food even if they are not selling it but consuming it.
* Affects anyone producing meat of any kind including the processing wild game for personal consumption.
* Legislation is so broad based that every aspect of growing or producing food can be made illegal. There are no specifics which is bizarre considering how long the legislation is.
* Section 103 is almost entirely about the administrative aspect of the legislation. It will allow the appointing of officials from the factory farming corporations and lobbyists and classify them as experts and allow them to determine and interpret the legislation. Who do you think they are going to side with?
* Section 206 defines what will be considered a food production facility and what will be enforced up all food production facilities. The wording is so broad based that a backyard gardener could be fined and more.
* Section 207 requires that the state’s agriculture dept act as the food police and enforce the federal requirements. This takes away the states power and is in violation of the 10th amendment.
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The FSA’s (Food Safety Act) mandate would encompass both the responsibility and enforcement power to keep our food supply safe by enforcing rigorous scientific standards on every food production facility, which “means any farm, ranch, orchard, vineyard, aquaculture facility, or confined animal-feeding operation.” (Sec. 3, 14.) Restaurants and other entities directly serving prepared food to consumers are explicitly not covered. (Sec. 3, 13(b).
H.R. 875 is only meant to apply to those engaging in “interstate commerce” that small farmers and organic gardeners will actually fall outside its reach. Remember that the Supreme Court in Wickard v. Filburn (1942) defined growing food on your own land for your own consumption to be regulatable interstate commerce. Similarly, in Section 406, H.R. 875 declares: “In any action to enforce the requirements of the food safety law, the connection with interstate commerce required for jurisdiction shall be presumed to exist.” Rep. Rosa DeLauro’s (D-Conn) office says they are working on language to make the small garden exception more explicit.
Anti-875ers quote chapter and verse, feeling as embattled as some in the organic community do by the specter of agri-business—is this sort of talk from Section 203 (b): “The Administrator shall, upon the basis of best available public health, scientific, and technological data, promulgate regulations to ensure that food establishments carry out their responsibilities under the food safety law….the Administrator shall promulgate regulations that require all food establishments…—(1) to adopt preventive process controls that—(A) reflect the standards and procedures recognized by relevant authoritative bodies; (B) are adequate to protect the public health; ( C) meet relevant regulatory and food safety standards;( D) limit the presence and growth of contaminants in food prepared in a food establishment using the best reasonably available techniques and technologies.”
What if the regulatory bodies—which will be filled, to be sure, with agribiz reps—decide that organic techniques are not the “best reasonably available techniques” that are “adequate to protect the public health” because they don’t use certain pest control techniques?
Section 206 (c) (3), which says that regulations will “include, with respect to growing, harvesting, sorting, and storage operations, minimum standards related to fertilizer use, nutrients, hygiene, packaging, temperature controls, animal encroachment, and water.” It is not inconceivable that the government’s bodies of experts may decide that certain organic practices don’t meet the “minimum standards” they decide are appropriate in things like fertilizer and animal encroachment.
Here is article from ABC News showing Poor Ethics at the CDC (this is just ONE agency; it’s worse at FDA & USDA): http://abcnews.go.com/Health/wireStory?id=9376591
Panel members are supposed to disclose whether they have been paid by — or own stock in — drug companies or other entities that might have an interest in the panel’s decisions.
Almost none of the 250 advisers that year properly or completely filled out forms in which they were required to state potential conflicts of interest, according to the report by the U.S. Department of Health and Human Services’ Office of the Inspector General.
The report concluded that the CDC failed to follow-up with some of the experts who disclosed potential conflicts: 85 because of jobs or grants, 28 with stock ownership and 13 who received consulting fees.
The Office of the Inspector General has been examining conflicts of interest at several federal health agencies, including the National Institutes of Health and the Food and Drug Administration.
Look at Provenge! 82,000 MEN DIED NEEDLESSLY OF PROSTATE CANCER! Once the FDA finally approved Provenge® in April 2010, the news media hailed it as a miracle new cancer therapy. What the media failed to convey was the fact that Provenge® was not new. It had been discovered almost a decade earlier. Despite the impressive study results you are about to read, the FDA denied it for eight long years. http://www.lef.org/magazine/mag2010/nov2010_FDA-Delay-of-One-Drug-Causes-Lost-Life-Years_01.htm
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Look at those FOR the bill and those AGAINST:
SupportConsumers Union
Center for Science in the Public Interest
Food Marketing Institute
Consumer Federation of America
National Restaurant Association
General Mills
National Association of Manufacturers
International Dairy Foods Association
American Public Health Association
Grocery Manufacturers Association
American Bakers Association
International Foodservice Distributors Association
National Consumers League
American Frozen Food Institute
National Confectioners Association
Snack Food Association
Trust for America’s Health
Produce Marketing Association
United Fresh Produce Association
American Beverage Association
American Farm Bureau
American Veterinary Medical Association
Kraft Foods North America
Safe Tables Our Priority (STOP)
Center for Foodborne Illness Research and Prevention
National Fisheries Institute
Pew Charitable Trust
International Bottled Water Association
National Coffee Association
Oppose
American Grassfed Association
National Family Farm Coalition
Farm to Consumer Legal Defense Fund
Weston A. Price Foundation
Raw Milk Association of Colorado
Farm Family Defenders
Small Farms Conservancy
National Independent Consumers and Farmers Association
Carolina Farm Stewardship Association
Just look at the list, HUGE company’s are for the bill, SMALL independent farmers, mostly organic, oppose! WHY? The rules and regs will put them out of business! Then ALL we’ll have to choose from is BIG corporate farms. Only one case (Raw milk made 3 people ill, but MD feels it may be from after it left farm) of Organic Farm foodstuffs. Outbreaks are from corporation farms and their subsidiaries.
Senate bill 510 does not have one provision that would make food safer. To make food safer all you need is to decentralize and localize the crops, herds and processing facilities. Or how about a healthy environment for animals used for food where they do not live in their own feces 24/7. Or how about farming methods that do not include fertilizing with e-coli infected manure and saturating fruits and vegetables with poisonous insecticides.
Every provision of S-510 gives 1 person, the Secretary of Health and Human Services, sole capricious discretionary authority to seize, detain, block imports, destroy crops and herds,shut down business operations, of any person who manufactures, processes, packs, distributes, receives, holds, or imports food based on “Reasonable Probability” that a pathogen may exist OR incomplete, inaccurate documentation OR being 30 days late paying the $500 per year registration fee. Plus that every day they don’t comply is a separate offense subject to more fines of up to $100,000!
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Call you congressman and stop this bill! If big business gets their way, we will have no true organic foodstuffs or farmer’s markets. Think about it, do you want that?