Congress is Moving to Criminalize Home-Grown Food
Submitted by cbourne on Sun, 08/15/2010 - 01:20By: Michael Kwiatkowski Tuesday August 10, 2010 12:14 pm
According to Poor Richard’s Blog, which posts the URL to the legislation, Congress — at the apparent behest of Monsanto — is moving to make it a crime to "grow, own, trade, transport, share, feed and eat" one’s own food. The direct URL may be found here.
http://www.govtrack.us/congress/bill.xpd?bill=s111-510
The bill is sponsored by Richard Durbin, the U.S. senator representing Monsanto in this piece of legislative filth. He is a registered Democrat. Among the seventeen co-sponsors listed are Lamar Alexander, Kirsten Gillibrand, Christopher Dodd, David Vitter, Ben Nelson, Orrin Hatch, and the late Ted Kennedy (what the hell?). It is currently under consideration in the Senate Committee on Health, Education, Labor, and Pensions, and on the House Committee on Homeland Security.
On its face, a reading of the bill appears to give a reasonable concern for food safety. After all, it is important to protect human health from contaminated and other unsafe foodstuffs. But closer reading reveals that the discretion given to inspectors, and the general wording of the bill as a whole, would ensure that the larger producers would never have to face serious inspection — it’s the non-corporate, smaller food growers who stand to be most affected.
I want you to think about this. A recent study has found that girls are reaching puberty as early as age seven because of high-fructose corn syrup. It seems that increasing obesity in younger children is causing hormones associated with metabolic weight gain to kick in earlier, with one result being higher instances of breast cancer for the affected children throughout life. That is bad enough. Now imagine Monsanto, which produces genetically-engineered corn that the Huffington Post reports is linked to organ failure in rats, going virtually exempt from any and all regulation while smaller farmers including organic growers trying to produce healthier stock that could mitigate some of this, are driven out of business.
Worst of all is that the bill places control over U.S. food supplies into the hands of the World Trade Organization and multinational corporations. The Department of Homeland Security would also have jurisdiction to ensure compliance, and even food grown in the United States could be considered smuggling contraband into the country if it does not meet with approval from large corporations.
This is what we’re facing if S510 passes. It must not be allowed to, not without heavy modifications to protect independent growers and strictly regulate corporations.
Derry Brownfield will talk on S510 tomorrow (9-10-10)
I talked to Derry Brownfield today about S510. He said he will having a special speaker named Doreen Hannes on his show tomorrow to speak specifically on the issues of S510. I said great, now I'll be able to get this figured out. He said, in typical derry fashion, "either that, or more confused........."
Anywayz, please get tuned in and let's get what's going on here with S510 figured out.
http://www.derrybrownfield.com/
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As a reminder, H.R.875: Food Safety Modernization Act of 2009 is still in process.
H.R.875 Section 3 (14) defines what type of establishments would be subject to the regulations in this legislation. In that section, a "food production facility" IS defined as:
The term ‘food production facility’ means:
Any farm, ranch, orchard, vineyard, aquaculture facility, or confined animal-feeding operation.
http://www.govtrack.us/congress/billtext.xpd?bill=h111-875
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Because some animals are more equal than others.
But THAT can't happen here! * Because some animals are more equal than others -Animal Farm- * A patriot is someone who supports their country all the time and the government when it deserves it. -Mark Twain-
http://www.youtube.com/watch?v=6MTIwY3_-ks
This Is ONE Reason Why S510 IS Dangerous
It is the foot-in-the-door legislation because it can combine itself with other bills. Right now HR2749 is being considered (which, as of yet I have not had the time to study 2749).
http://www.nonaiswa.org/?s=s510
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Because some animals are more equal than others.
But THAT can't happen here! * Because some animals are more equal than others -Animal Farm- * A patriot is someone who supports their country all the time and the government when it deserves it. -Mark Twain-
http://www.youtube.com/watch?v=6MTIwY3_-ks
I really wish people would read the bill and the law
which it is amending before they spout off.
Present Code - 21 USC Capter 9
http://www.law.cornell.edu/uscode/21/usc_sec_21_00000350---d...
The law as currently before the Senate:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=11...
(in particular, please go to page 123, sec. 102 Registration of Food Facilities)
Here's the deal: this bill is an amendment to the Food and Drug Safety Act.
Therefore, unless this bill changes the scope of the original act, then this bill is limited by the scope of the original act. Furthermore, words in this bill, being in amendment to present law, may not be common words, but specifically defined legal terms, whose definitions, if they exist, will be found in the present law.
And this bill does not change the important limiting sections out lined below.
That means, you can't just read a bill and presume that every word you read is used with only the common everyday contemporary meaning in mind. You HAVE to look in the definitions section of the bill, and the present law, to determine if anything is a specifically defined term. Such a term may not be as broad or as general as the everyday meaning.
This is CRITICAL when determining the scope of a law.
All too often, people fly off at the mere mention of a new law, and how Congress is taking authority it doesn't have, before they even read the damned thing.
So here goes:
The Food and Drug Safety Act, and thus this bill, as well as its House counterpart, are limited by the following sections of the present law:
§ 350d. Registration of food facilities
(a) Registration
(1) In general
The Secretary shall by regulation require that any facility engaged in manufacturing, processing, packing, or holding food for consumption in the United States be registered with the Secretary.
Okay, so far, this does NOT include growing food either by a company, organization, or individual as in a garden or home farm.
Let us look at the next important part:
§ 350d(cont.)
(b) Facility
For purposes of this section:
(1) The term “facility” includes any factory, warehouse, or establishment (including a factory, warehouse, or establishment of an importer) that manufactures, processes, packs, or holds food. Such term does not include farms; restaurants; other retail food establishments; nonprofit food establishments in which food is prepared for or served directly to the consumer; or fishing vessels (except such vessels engaged in processing as defined in section 123.3(k) of title 21, Code of Federal Regulations).
So, this specifically does NOT include "farms; restaurants; other retail food establishments; nonprofit food establishments in which food is prepared for or served directly to the consumer; or fishing vessels..."
Looks to me like the "Facility Registration" process, which is the lynch pin to all the rest of the authorities of the original act, and this bill in amendment thereto, DOES NOT apply to whom the scaremongers say it does. It in fact, specifically says it DOES NOT apply to them. There is no question about it. The law is VERY clear in this case.
Additionally, there is yet another important subsection which drives the nail in the coffin of the idea that this bill will somehow require all farms and gardens to be licensed by the HHS Secretary:
§ 350d(cont.)
(c) Rule of construction
Nothing in this section shall be construed to authorize the Secretary to require an application, review, or licensing process.
Any questions? Is it possible to misunderstand that extremely clear, succinct and to the point sentence?
Finally, the big kicker to all of this, is that the entire original Act is even more limited in scope than what you see here. There are general definitions for the Act as a whole, and in them you will find a definition for "interstate commerce" upon which the power to regulate is found in the Constitution, and thus is the authorization for the original act:
§ 321. Definitions; generally
(b) The term “interstate commerce” means
(1) commerce between any State or Territory and any place outside thereof, and
(2) commerce within the District of Columbia or within any other Territory not organized with a legislative body.
So "interstate commerce" which this entire original act, and this bill amending it are drawing their constitutional legitimacy on, is clearly defined to exclude intrastate commerce except in those areas where Congress has exclusive jurisdiction: D.C. and unorganized Territories. If you grow your own food, even if you sell it, but only within the same State, this act and bill DO NOT APPLY TO YOU.
And finally, we see that "person" is clearly an artificial "legal" person by this definition:
§ 321. Definitions; generally
(e) The term “person” includes individual, partnership, corporation, and association.
Accepted rules of construction used by the Supreme Court, indicates that the use of the term "individual" here is not to mean each and every American, but to mean the actual man or woman who is or may be responsible for, or the one who acts on behalf of other "legal persons" such as an officer of a corporation, or an employee acting in its name or on its behalf. This is done so a real live, flesh and blood man or woman can be held responsible for certain actions, or compelled to comply with certain laws even though the laws work on artificial persons.
This definition really isn't necessary to see how limited this act and thus this bill are because that is taken care of up above, but it is illustrative of what is really the kicker for most laws that people mistakenly believe apply to them, when they are written specifically to regulate artificial entities.
(it would be unconstitutional and a direct violation of your natural and inalienable rights to require you to comply with this act if you were not acting in some legal capacity for an artificial entity. Legal fictions have no natural rights, because they are not natural. You do. So the law only applies to you as a real man or woman, to the extent that you are involved somehow with a covered legal person and only with respect to that involvement)
So the lesson here for today?
Learn to read the law, and don't take what just anyone on the internet says at face value about a law, most especially if they are claiming Congress is usurping authority, or about to pass this or that draconian legislation, ddds are, it either doesn't do what the fear mongers claim it does, or it doesn't apply to the people they claim it applies to.
It is also important to KNOW the law. So when some idiot agent of the government decides he wants to agree with the fear mongers and try to enforce this law on you when it CLEARLY does not apply, you can rake him over the coals in court, if he gets that far after he finds out he is barking up the wrong tree and might think twice about intentionally and willfully violating your inalienable rights.
I think there are going to be
I think there are going to be a great many people who do not follow this law. Too many people grow their own food both for enjoyment as well as for eating it.
...
The day they pass this law
is the day they will start to disappear, believe that.
Those who expect to reap the blessings of freedom must. like men, undergo the fatigue of supporting it.-Thomas Paine
The R3volution requires action, not observation!!!!
They have absolutely NO authority!
If all the people resisted they couldn't begin to enforce something that is so egregiously bogus. It just takes the question, "Where do you derive your authority to do so?"
I will grow my own food if I
I will grow my own food if I want. At the time they come to arrest me it will be a fight.
"Ineptocracy: a system of government where the least capable to lead are elected by the least capable of producing, and where the members of society least likely to sustain themselves or succeed are rewarded with goods and services paid for by the confisc
Im not 100% sure but did bill
Im not 100% sure but did bill gates give monsanto money recently? Remember the seed storage that he built.
Chicken coop. The "p" is silent.
Do they really think they have enough zombies to come after my chickens, let alone my tomatoes?
Truth is, Iceland, that tiny, isolated island with a mere 300,000 souls, told them to get bent and there was no FEMA camp for them. There was no round up. They can write ridiculous laws, but they can't enforce them.
Whatever else I said a minute ago, the last word I want to get in is
LOVE!
Here's links to the bill
Link to summary:
http://www.govtrack.us/congress/bill.xpd?bill=s111-510&tab=s...
Link to current version of bill:
http://www.govtrack.us/congress/billtext.xpd?bill=s111-510
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Please keep in mind that this octopus (i.e. "bill") is confusing because it is big, it is written in legaleese and, from what I hear, it is tied into other "related bills" and parts of codex alimentarius come into play.
It was probably written by a team of minds and because it is so big and confusing, I doubt if even those that had a hand in writing it even agree on what it actually says.
Thus, I think it means what ever BB says it will mean, with regards to the usual: Who, what, when, where and why.....
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Because, some animals are more equal than other animals.
But THAT can't happen here! * Because some animals are more equal than others -Animal Farm- * A patriot is someone who supports their country all the time and the government when it deserves it. -Mark Twain-
http://www.youtube.com/watch?v=6MTIwY3_-ks
Maybe the subject of the next blog will be...
"Home Growers to Criminalize Dick Durbin".
Couldn't happen to a nicer guy.
States can Nullify the entire law.
On basis of it being unconstitutional. However they will have to take the Federal government to court and fight the Feds back again, ensuring there's no trespassing. But that is warranted. Durbin needs an opponent who will call him a fascist.
Not exactly. There is another way.
A governor with some cahoneys could declare that from this day forward, there will be NO unlwaful, unconstitutional enforcement of anything that Congress does not have the express, explicit, power to enact. And that enforcement of laws which are otherwise written as constitutional, in an unconstitutional manner, will not be tolerated.
The governor would have to back this up with arrests and prosecution of any federal or other official attempting to enforce a law that is contrary to the constitution, or a legitimate law in an unconstitutional manner.
That means, in such a case as this, the law "might" be written so narrowly as to be actually within the power of Congress, but is more than likely worded in so vague a manner, redefining common terms that no one will look up the definitions for, that people will comply, and those who don't will be prosecuted, even if the law really doesn't apply to them.
Such a move by a sitting governor will re-establish the States (at least that one) as fulfilling its primary (some would say only) role - securing the rights of the people.
Any trials would not be against the US government but against individual agents of it for direct personal activities that are in violation either of their oath of office, of the law, or as a trespass against the liberties of the people, either in toto, or individually.
And that, would be that.
Sic semper tyrannis
Sic semper tyrannis
“We have allowed our nation to be over taxed and over regulated and overrun by bureaucrats, the founders would be ashamed of us for what we're putting up with.” Ron Paul
La Traitorus
Sieg Heil Hitler?
Has the OP or any of the commentors read the bill?
Do a quick search of the bill for the text "grow" and see if you can find anything that relates to the criminalization of home grown food. It's stuff like this that makes the "truth" / liberty movement look bad.
I'm not supporting the bill by any means, but how about getting the facts straight.
Feel free to correct me if I'm wrong.
Nice try..
Read it and weep. They're going to punish food producers.
" ‘(1) IN GENERAL- Not later than 1 year after the date of enactment of the FDA Food Safety Modernization Act, the Secretary, in coordination with the Secretary of Agriculture and representatives of State departments of agriculture (including with regard to the national organic program established under the Organic Foods Production Act of 1990 (7 U.S.C. 6501 et seq.)), shall publish a notice of proposed rulemaking to establish science-based minimum standards for the safe production and harvesting of those types of fruits and vegetables that are raw agricultural commodities for which the Secretary has determined that such standards minimize the risk of serious adverse health consequences or death.
‘(2) PUBLIC INPUT- During the comment period on the notice of proposed rulemaking under paragraph (1), the Secretary shall conduct not less than 3 public meetings in diverse geographical areas of the United States to provide persons in different regions an opportunity to comment.
‘(3) CONTENT- The proposed rulemaking under paragraph (1) shall--
‘(A) provide sufficient flexibility to be applicable to various types of entities engaged in the production and harvesting of raw agricultural commodities, including small businesses and entities that sell directly to consumers, and be appropriate to the scale and diversity of the production and harvesting of such commodities;
‘(B) include, with respect to growing, harvesting, sorting, packing, and storage operations, minimum standards related to soil amendments, hygiene, packaging, temperature controls, animal encroachment, and water;
‘(C) consider hazards that occur naturally, may be unintentionally introduced, or may be intentionally introduced, including by acts of terrorism;
‘(D) take into consideration, consistent with ensuring enforceable public health protection, conservation and environmental practice standards and policies established by Federal natural resource conservation, wildlife conservation, and environmental agencies; and
‘(E) in the case of production that is certified organic, not include any requirements that conflict with or duplicate the requirements of the national organic program established under the Organic Foods Production Act of 1990 (7 U.S.C. 6501 et seq.), while providing for public health protection consistent with the requirements of this Act.
‘(4) PRIORITIZATION- The Secretary shall prioritize the implementation of the regulations for specific fruits and vegetables that are raw agricultural commodities that have been associated with foodborne illness outbreaks."
http://www.govtrack.us/congress/billtext.xpd?bill=s111-510
That includes hummis, kosher meats and specified rices(except for the types *they* personally like) Absolute travesty..this is America.
This law might be
the best thing Congress ever did. It will annoy so many new people all at once we might just reach critical mass to give Congress a major make-over.
http://www.svpwiki.com/
Never underestimate
The American capacity for apathy.
Defend Liberty!
Word
!
*&^ Constitution --- Constitutional Rationality
Some may
be interested in this recent article at News With Views by Jeffrey Smith:
Anniversary of a Whistleblowing Hero (Dr. PUsztai)
Twelve years ago, a 150-second TV broadcast changed our world; everyone everywhere owes a debt of gratitude to the man whose life it turned upside down—in his effort to protect ours. On August 10, 1998, eminent scientist Dr. Arpad Pusztai (pronounced Poos-tie) dared to speak the truth.
He had been an enthusiastic supporter of genetic engineering working on cutting edge safety research with genetically modified (GM) foods. But to his surprise, his experiments showed that GM foods were inherently dangerous. When he relayed his concerns during a short television interview in the UK, things got ugly. With support from the highest levels of government, biotech defenders quickly mobilized a coordinated attack campaign trying to distort and cover up the evidence.
It worked for a while, but when an order of Parliament lifted Dr. Pusztai’s gag order, the revelations touched off a media firestorm that ultimately kicked GM foods out of European supermarkets, and derailed the industry’s timetable to quickly replace virtually all food with genetically engineered alternatives.
continue:
http://www.newswithviews.com/Smith/jeffrey131.htm
Ron Paul 2012 - The People's Choice
rEVOLution SuperPAC: http://www.revolutionpac.com/
WTP Federal Lawsuit to BAN ALL ELECTRONIC VOTING
Appeal filed 2/13/12: http://www.wethepeoplefoundation.org/PROJECTS/NCEL/PACER2012...
Thank you my friend
so much is wrong on this planet.
Website:
http://www.libertypoet.com/
Twitter:
http://twitter.com/LibertyPoet
“The most important element of a free society, where individual rights are held in the highest esteem, is the rejection of the initiation of violence.” Dr. Ron Paul
The real question Americans
The real question Americans should be asking is, where does the Congress get the authority to regulate the food a person grows, period. Not only does the Congress have NO authority to regulate food grown for personal consumption, it has no authority to regulate agriculture in any way.
Until people understand this concept, our home-grown hitlers will just keep expanding their putative "authority" until everything we do is at their discretion.
It's doesn't surprise me to see names like Ted Kennedy and Chrissy Dodd. They are among the best politicians money can buy.
Guard your garden with a
Rifle.There are pests trying to take it.
"They used to come get you and lock you up because you were insane, Now they come get you and lock you up because you are sane"
Home Grown Food
Legal People,
What does this notation mean ...it is through the whole bill by the looks of it?
Does this mean the bill will be starting from scratch?
donvino
Monsanto is evil
And so many government officials are in bed with them and making merry. Greed, greed, greed is doing terrible things to this country and world. The LOVE of money is the root of all evil. It certainly is being demonstrated today in the way that greed is destroying our world.
Healthnut4freedom
The lip of truth shall be established forever: but a lying tongue is but for a moment...Lying lips are abomination to the LORD: but they that deal truly are His delight. Prov 12:19,22
Monsanto represents land, lots and lots of land. bribery/deciet
Although you are restricted, taxed or terrorized if you persue growing your own, the breaurucrats are bribed with large acerages of land and ownership of plantations, and secured by your local police and foreign para military troops.
Get in line for the slave train leaving from your city to the plantation work camps.
Local jails owned by corporations and local drones owned by FEMA.
And never forget, “Humans, despite our artistic pretensions, our sophistication and many accomplishments, owe the fact of our existence to a six-inch layer of topsoil and the fact that it rains.”
"F" them and this law! But then a gain...
Maybe we need a few more laws like this that the we can all collectively flash the middle finger and ignore.
Many people are still asleep to the fascist, totalitarianism that is crippling this nation so laws like this may in fact help wake our people up.
I for one will not be following this law and probably a whole lot of other unenforceable laws they have and will continue to be passed by these corporate monkeys we still call congressmen.
A man who has hate in his heart is not a free man
Unconstitutional Laws are Void
It's time to start ignoring them.
Of course, that's easier if we come to each others' aid.
You can reach voters in California, here: http://consequeries.com/California-voter-guide.php
According to
Thomas.gov, this is the current standing of this bill:
Latest Major Action: 12/18/2009 Placed on Senate Legislative Calendar under General Orders. Calendar No. 247.
I won't say what I'm really thinking; let's just say I am soooo fed up with government...
Ron Paul 2012 - The People's Choice
rEVOLution SuperPAC: http://www.revolutionpac.com/
WTP Federal Lawsuit to BAN ALL ELECTRONIC VOTING
Appeal filed 2/13/12: http://www.wethepeoplefoundation.org/PROJECTS/NCEL/PACER2012...