0 votes

S.510 - The Food Safety and Modernization Act - cliff note version - UPDATED

UPDATE: I goofed. Sorry folks I am human. The bill is even MORE narrow than I have been saying in comments on this and other threads. See my update at the bottom of the OP.

Okay folks, after reading both the bill and the section of present law and regulations it amends, I can report what this bill does and does not do. (much to the consternation and chagrin of others here on DP)

Question: Does this bill apply to me?

Answer: are you engaged in interstate commerce? (selling from one state to someone in another) OR are you selling within the District of Columbia or a Territory that does not have a legislature? (any territory other than Puerto Rico, Guam, U.S. Vigin Islands, or N. Mariana Islands)

If no, then it does not. You can stop reading. No further analysis is necessary. This bill and the full Food & Drug Act do not apply to any activity outside of interstate commerce or outside of where Congress has exclusive jurisdiction.

If yes, then this bill might apply to you, keep reading...

Note, the following questions need only be asked IF and ONLY if, you are operating in Interstate Commerce (between TWO different States) OR you are in D.C. or one of the unorganized Territories. (meaning other than Puerto Rico, Guam, U.S. Virigin Islands, or N. Mariana Islands)

Question: I am only concerned with a personal garden or family farm located on my residence, does this bill apply to me?

Answer: no.

Question: I operate a small farm, but everything I make, pack, harvest, produce etc. is consumed entirely on the farm or another farm owned by me, does this bill apply to me?

Answer: no.

Question: I operate a farm, but don't consume everything on this farm or another I own. I sell the rest, but only directly to consumers via an onsite "store" does this bill apply to me?

Answer: no.

Question: I sell some food to business, but the majority of food is sold to consumers, does this bill apply to me?

Answer: no.

Question: I sell food in vending machines, does this bill apply to me?

Answer: no.

Question: I only manufacture, package, pack, store or handle food that is sold for direct consumption on premises, does this bill apply to me?

Answer: no.

Question: I operate a restaurant, does this bill apply to me?

Answer: no.

Question: I operate a non-profit food service establishment or I sell food directly to consumers as a non-profit. Does this bill apply to me?

Answer: no.

Question: I operate a fishing vessel, but I don't process any of the catch on board, does this bill apply to me?

Answer: no.

Question: I operate a food processing or holding facility that is NOT a farm, non-profit for consumption, or a fishing vessel and I do so on property OTHER than my personal residence. I ALSO sell the majority of my product to other businesses and NOT the final consumer. AND I do this across state lines, OR I operate within D.C. or an unorganized Territory, does this bill apply to me?

Answer: yes.

Simple enough?

Any more questions about what this bill does or does not do?

If you want to know where I came up with these answers go to this thread:

http://dailypaul.com/node/149575

or just ask and I'll do my best to get back to you in a reply here.

--------------
Update:

In all the back and forth, I mistakenly admitted that if you are operating a "farm" in interstate commerce, that this bill might apply to you. That is from what I can tell, incorrect. Neither the present law nor this bill apply to "farms" at ALL. The easier way might be to see who this current law, and thus S.510 DOES apply to rather than who it does not affect.

Are you a factory, warehouse, or establishment (including a factory, warehouse, or establishment of an importer)?

Yes? Keep reading...

Do you "manufacture/process" food for consumption in the United States?

Meaning:
making food from one or more ingredients,
or
synthesizing food,
or
preparing food,
or
treating food,
or
modifying food,
or
manipulating food, including food crops or ingredients?

(Examples of manufacturing/processing activities are cutting, peeling, trimming, washing, waxing, eviscerating, rendering, cooking, baking, freezing, cooling, pasteurizing, homogenizing, mixing, formulating, bottling, milling, grinding, extracting juice, distilling, labeling, or packaging.)

Yes? Keep reading...

Are you doing this on your own personal residence?

No? Keep reading...

Is all the food in these activities consumed on the premises?

No? Keep reading...

Are you selling whatever is not consumed on the premises to mostly non-consumers?

Yes? Keep reading...

Are you making these sales across state lines, or do you operate in D.C. or an unorganized Territory?

meaning:
you are selling interstate. (People crossing to buy and then crossing back does not mean YOU are selling interstate.)

Unorganized Territories are all territories other than Guam, Puerto Rico, U.S. Virgin Islands, N. Mariana Islands.

Yes? This bill applies to you. (unless you otherwise fit the definition of 'restaurant', 'non-profit', or 'fishing vessel.')

Do you pack or hold food for consumption in the United States?

meaning:

  • placing food into a container that directly contacts the food and that the consumer receives. (packaging)
  • Placing food into a container other than packaging the food. (packing)
  • storage of food. (holding) Holding facilities include warehouses, cold storage facilities, storage silos, grain elevators, and liquid storage tanks.

Yes? Keep reading...

Are you doing this on your own personal residence?

No? Keep reading...

Is all the food in these activities grown, raised, OR consumed on the premises?

No? Keep Reading...

Are you selling whatever is not consumed on the premises to mostly non-consumers?

Yes? Keep reading...

Are you making these sales across state lines, or do you operate in D.C. or an unorganized Territory?

meaning:
you are selling interstate. (People crossing to buy and then crossing back does not mean YOU are selling interstate.)

Unorganized Territories are all territories other than Guam, Puerto Rico, U.S. Virgin Islands, N. Mariana Islands.

Yes? This bill applies to you. (unless you otherwise fit the definition of 'restaurant', 'non-profit', or 'fishing vessel.')

-----------------
The REALLY short answer, is if you are not ALREADY registered or required to register as a "food facility" with HHS then you still will not be so required under S.510 and this law therefore no more applies to you than the present 21 USC Chapter 9 does, which is - not at all.

Comment viewing options

Select your preferred way to display the comments and click "Save settings" to activate your changes.

This is about siphoning off the "revenue streams"

And subversive control of competition, and a federal layer of Clintonian incremental arrogance.
Heard at the food store:
"Sorry, I cannot purchase your produce because it does not meet my state requirements.
And the banker said:
"Sorry, without certification our insurers forbid us to loan you money.
Heard at the sychphant garden party:
"Sorry, I've already got those farm lands secure with my FEMA fiat game preserve and wind mills."
Heard at the doctors office:
"Sorry, those herbs are not available, but here's some pills."
Regulations are manipulative and invite the federal guns to come in and "check" anywhere, anyway, and anyhow they please. They can just show up, kill your dog and say sorry, nothing here.
Having watched most farms disappear under an artificial duress, all the way back to the annihilation of early indians, I want farm freedoms back, not chased, hounded and grounded.

I agree with you samadamscw and thankyou for your pernacious and astute craving for truth.

“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

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.”

Interesting but very...

scary!

"First they ignore you, then they laugh at you, then they attack you, then you win!"
GANDHI

"The belief is worthless if the fear of social and physical punishment overrides the belief."

So it does apply...

To health food companies...still sounds like they can use this as an excuse to shut them down...

Possibly.

But they can do that now.

True, this makes life harder for them. I think the bill should be defeated.

I just want to make sure we aren't claiming it does something it doesn't or that it applies to people it doesn't.

Someone in the other thread linked to Tom Coburn's site concerning his objections to the bill. Those are good reasons to block it.

I'm concerned with the affect it has on the private farms

who do sell across state lines. I'm from New England, and those states are smaller than some mid west states so more private farms would be affected by this.

RP R3VOLution

Valid concern.

If those farms are selling across state lines, yes this bill will apply. So will current law. That does not change here.

Now, by "selling across state lines" do you mean local farms sell to people locally who then cross back over, or is this stuff shipped over the line? If the latter, it most certainly applies, if the former, I think there is precedent that this does not constitute interstate commerce.

The feds already tried that line of "anything can be carried across state lines" as an excuse to expand intrastate and the SCOTUS already shot them down.

But yes, otherwise it is a valid concern.

I do think the bill should be defeated.

But it simply doesn't apply to everyone, or do what was put out in other threads.

(in no circumstances does it apply to a garden, nor does it prevent you from saving heirloom seed)

Thanks for the clarity

Acting like chicken little (the OTHER thread) makes us look like fools (which the majority are not)... so thanks for this clarity.

Now with that said, I am still suspect of any new law that is passed because it is obvious that congress is bought and paid for, so the overall trend will continue - big business wanting to eliminate competition.

There should be a moratorium on new laws, just like there is with foreclosures, until all the crooks have left DC !

That moratorium idea is excellent. I agree!

We can of course I guess make exceptions for cases of invasion.

Honestly, I'd rather Congress went back to meeting once in DECEMBER like the original Constitution specified.

The less they are there to muck things up the better.

One time self bump for the morning crowd.

Is this useful to anyone?

No it is not

Disinfo

"Reality is merely an illusion, albeit a very persistent one." ~ Albert Einstein

Defining interstate commerce

If you're reading bills with the normal understanding of words, you're misinterpreting what the real effect would be if it passed. Bills are written in legaleze. The definitions of words in law are often different than the common usage.

Interstate commerce as defined by the feds is not what you or I think it is. Sale within a state is defined as interstate commerce. Even growing your own food on your own property for your own family to eat can be defined by the feds as interstate commerce.

Yes, the bill would potentially apply to family farms who sell locally and to home gardens.

ultimatecynic

I don't guess you read my linked thread at the bottom

where I sourced how I came up with those answers.
(I don't blame you, it wasn't short)

I specifically do NOT read law based on common meanings. I always go to the definitions right off so I know what they are really saying.

In this case, the term "interstate commerce" is clearly defined to mean just what you'd expect it to mean.

And in the current regs, which are not changed also, growing on a personal residence (garden and family farm) is specifically NOT part of the scope of the bill.

Please, read my linked thread and you'll see what I'm talking about. The law is surprisingly clear in this case as to where it does or does not apply.

This bill does not apply to home gardens or farms that sell locally.