Immediate Action Needed NOW to Oppose S510 AND S3767!

Immediate Action Needed NOW to Oppose S510 AND S3767!

Click Here to write directly to your Senator and Congressman


DEFEAT BOTH : S510 (The Food Safety Bill), and S3767, (The Food Safety Accountability Act). Act now , because there is a motion pending to move S510 forward after session reconvenes November 12 th.

MORE police power over small business is NOT THE ANSWER to making the American food supply safe. WE NEED TO ADDRESS THE REAL PROBLEM of the dangerous consolidation of the food supply in order to keep Americans SAFE!

Click Here to write directly to your Senator and Congressman

S510 greatly expands FDA authority introducing huge and burdensome regulations on all persons who manufacture, process, pack, distribute, receive, hold or import food in the U.S. S510’s burdensome regulations could virtually eliminate competition in the food market-place, especially imperiling small food producers, and only allow for the existence of large food producers. Click here to read current version of S510.

S3767 puts new and criminal enforcement provisions into FDA law,mandating that if a person knowingly violates specific food laws with conscious or reckless disregard of a risk of death or serious bodily injury, they will be fined under title 18, United States Code, imprisoned for not more than 10 years, or both. Click here to read current version of S3767.

S510 will mandate Hazard Analysis and Risk-based Assessment Controls for all “facilities”, and a farm will be considered a “facility” if it sells anything processed like sun-dried tomatoes, jams from their own fruits, or fermented vegetables! (See Fall 2010 Wise Traditions article Chameleon Politics by Judith McGeaery, Esq.)

S510 gives the FDA power to set “safety standards” which will govern how farmers can grow and harvest their crops! This gives FDA expansive rulemaking capability over the way food is produced and creates a great compliance burden for small farmers. Even the exempted certified organic farmers could find additional standards forced upon them.

S510 uses “reasonable probability” instead of necessary “credible evidence”! S510 has sections where the FDA can go into action simply if the “Secretary believes that there is a reasonable probability” that the use of or exposure to an article of food, will cause serious adverse health consequences or death. Why haven’t they chosen the higher level of proof needed for agency action used in the Bioterrorism law demanding if the officer or qualified employee “has credible evidence or information” indicating that such article presents a threat of serious adverse health consequences or death?

And putting this bill in context…. The USDA and the FDA already have expansive food regulating powers, including powers given to them by the 2002 Bioterrorism Act which mandates registration of all food facilities in the United States and foreign importers that are not specifically exempted, and FDA authority to investigate and enforce.

There are already fifteen U.S. agencies and thirty main U.S. statutesinvolved in Food regulation, not to mention over 3000 state and local agencies overseeing the food supply, with jurisdiction over retail food establishments including supermarkets and restaurants. (See cite to GAO (General Accounting Office) 120 Harvard Law Review 1345).

USDA already has the resources and authority to ensure the quality of meat and poultry through the inspection of carcasses and processing plants, as well as grading eggs, dairy, meat, and poultry products.

FDA already has the authority to inspect and ensure the quality of all foodstuffs, as well as animal drugs and animal feed.

The Department of Health and Human Services houses the Center for Disease Control and Prevention and they already have the authority to investigate food borne illnesses.

THE REAL NEED is to stop multinational corporations from producing dangerous and non-sustainable food products that contribute to the economic and health ruin of the people and dominate the marketplace.

THE REAL NEED is to promote the sources of real, healthy food in our country, and we have lots of it!

THE REAL NEED is to stop regulating out of business small farms and operations that are providing essential nutrients to local people.

Take Action NOW! Demand that Senators and Congressman stop these bills and go to the real source of dangers in the Food Supply! Stop caged animals in overcrowded filthy environments, force-fed with genetically modified grains, loaded with antibiotics, hormones and other medications, creating dangerous products for American consumption, contaminating our water supply, and monopolizing the food markets with industrialized products.

If the bill moves forward and is not stopped, SUPPORT THE TESTER-HAGEN AMENDMENT . The very fact that the Tester-Hagen Amendment is not on the final bill tells us the whole truth. Click here to read the Tester-Hagen Amendment.

The Tester –Hagen amendment exempts producers who gross under $500,000 and who sell more than half of their products to consumers (with no restriction on location) or to restaurants or retailers who are either in-state or within 400 miles. 

Click Here to write directly to your Senator and Congressman

Diane M. Miller J.D.
Director of Law and Public Policy
National Health Freedom Action
PMB 218, 2136 Ford Parkway
St. Paul, MN 55116-1863
Phone: 507-663-9018
Fax: 507-663-9013
Alt: 651-470-7367

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