Food Police truth about S.510 (Food Safety and Modernization Act)


UPDATE:

The Senate passed S.510 at 10am on 11/30/10.  But this bill must go through the same torture of reconciliation as Obamacare.  We have another opportunity to stop it then.  KEEP CALLING!!! 202 224 3121

Those 15 Senators that voted to support such a overreaching bill will be gone at their next election!!  NAMES: Lamar Alexander, Scott Brown, Richard Burr, Michael Enzi, Charles Grassley, Judd Gregg, Mike Johanns, Mike Kirk, George LeMieux, Richard Lugar, Lisa Markowski, Olympia Snowe, David Vitter, George Voinovich – (R) done at the end of their terms!

Outrage against the bill:

http://www.cato-at-liberty.org/lame-ducks-and-locavores-on-food-safety/

http://michellemalkin.com/2010/11/30/senate-passes-new-food-police-bill-roll-call-vote-73-25/

 

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STOP THIS BILL FROM PASSING!  Call the Senate switchboard 202-224-3121.

All that you’ve read about the WTO, vitamins, farms, and unbridled federal control over food, seems to be true.  I have looked at both the Senate bill (not passed yet) and the House bill (passed) to find the controversial passages.  I found them.  I will continue to add more details and page numbers. Please come back later.

===================================Senate bill ——————–

As the bill refers throughout “The Secretary” is the Secretary of Health and Human Services, Kathleen Sebelius.

The most offensive parts  (S.510):

page 121  – “Sec. 404 Compliance with international agreements.”

page 136 – “Review” …. “internationally-recognized standards….”

page 137 – “Nothing… limits the authority of the Secretary…to revise, issue, and enforce product and category-specific regulations….”  And “(f) DIETARY SUPPLEMENTS – Nothing in the amendment made by this section shall apply to any dietary supplement that is in compliance with the requirements of sections 402(g)(2) and 761 of the Federal Food, Drug, and Cosmetic Act (21 USC 342(g)(2), 379aa-1).”

page 170 – “(H) The impact of requirements … on certified organic farms….” then it refers to 415 (21 USC 350d), but I haven’t found any reference to organic farms in that current law.  This may be one of those laws that hasn’t been written yet and is buried somewhere else, either in another bill or the Secretary will make it up.

page 195 – “No limit on Secretarial Authority” What??!!!!  No limit?

page 212 – “(c) Civil Penality – inserts “or any person who does not comply with a recall order under 423….”  (see also page 137)

page 213 – exchanges reasonable language to seemingly arbitrary language – “‘1) striking ‘credible evidence or information indicating’ and inserting ‘reason to believe’ and (2) striking ‘presents a threat of serious adverse health consequences or death to humans and animals’ and inserting ‘is adulterated or misbranded.'”  Misbranded = produced in an unregistered facility.  Adulterated = intentional or unintentional contamination or poisoning.

page 234 – “(5) Recommendations on whether and how to harmonize requirements under the Codex Alimentarius.”  [According to the link “Codex Alimentarius” (meaning food code) — a set of regulations that aim to outlaw any health information in connection with vitamins and limit free access to natural therapies on a worldwide scale.]  And Dietary Supplements “(d) RULE OF CONSTRUCTION.—Nothing in this section shall be construed to affect the regulation of dietary supplements under the Dietary Supplement Health and Education Act of 1994 (Public Law 103–417).”  hmmm, nothing in this section…

page 263-264 – “SEC. 403. JURISDICTION; AUTHORITIES.  Nothing in this Act … shall be construed to… limit authority of the Secretary of HHS is issue regulations related to the safety of food under” with the “the FDA” and “Public Health Service Act…” or  “impede, minimize, or affect the authority of the Secretary of Agriculture….”  That’s how kings rule.

page 265 – “SEC. 404. COMPLIANCE WITH INTERNATIONAL AGREEMENTS. Nothing in this Act shall be construed in a manner inconsistent with the agreement establishing the World Trade Organization, or any other treaty or international agreement to which the United States is a party.”  This is just plain wrong!!

HACCP  (Hazardous Analysis Critical Control Program) mentioned on page 36, 52.

Senate bill (S.510)

==================================== HOUSE bill ——————–

The most offensive parts of this already passed bill (H.R.2749):

page 3-4 – “(a) Nothing in this Act or the amendments made by this Act shall be construed to prohibit or limit”…. “(b) Nothing in this Act or any amendment made by this Act shall be construed to – (1) alter jurisdiction between” Sec. of Ag. and Sec. of HHS, “(2) limit the authority of the Secretary of HHS to the issue regulations related safety of food with the “the FDA” and “Public Health Service Act…” or  “impede, minimize, or affect the authority of the Secretary of Agriculture….”  (same as S.510 page 263-264)

page 4-5 USDA EXEMPTIONS.  Basically, food manufacturers, producers, harvesters, etc… are exempt if they are already be regulated by USDA, Federal Meat Inspection Act, Poultry Products Inspections Act, USDA regulated facilities, and farms.  Everyone else is now regulated. 🙂  Welcome!

page 8 – “facility” defined.

page 9 – “farm” defined.  An operation in one location where growing and harvesting of crops and the raising of animals, or both.  Where food is also consumed. That sounds like my farm house.

page 10 – Profit and monetary values of sales compared to “all other buyers”.  I don’t know exactly what that legal double talk means, but I think it is a new way of saying re-distribution of wealth.

page 11 – “Harvesting” defined. “Consumer” is defined.

page 17-18 – The registration fee is $500, with a maximum of $175,000 per year.  Inflation adjustment is linked to the higher of three things: CPI, percent change of basic pay for federal employees in the DC area, or the average change in cost, per full-time equivalent position of the FDA.

page 35 – The Secretary of HHS will issue guidelines to establish science-based standards for conducting for the determination of regulations and implementation of controls.

page 35 – (B) INTERNATIONAL STANDARD – …The Secretary shall review international hazard analysis and preventive control standards.

page 36 – “The Secretary may, by regulation, exempt or modify the requirements for compaliance under this section…”  Arbitrary law?

page 47 – Lines 6-8

page 49 – “SAFETY STANDARDS FOR PRODUCE AND CERTAIN OTHER RAW AGRICULTURAL, COMMODITIES.”  Where fruit, vegetables, nuts, and fungus are regulated.

page 88 – “(7) NO LIMIT N AUTHORITY”  More arbitrary law.  This type of legislation becomes arbitrary law enforcement, ripe for abuse of power, extortion, extortion, and targeted government harassment.

page 92 – “(j) NO LIMIT ON AUTHORITY. Nothing in this section shall be construed to limit… the ability of the Secretary to review and act upon information… to conduct, require, or consider the results…” of what ever they deem necessary.

page 115 – “The Secretary shall conduct research to assist in the implementation of the Act, including” “practices”, “improved techniques”, “methods”, ” develop consumption data”(???), DNA work, and genetic alterations for antibiotic resistance in humans.

page 117 – The Secretary’s level of suspicion is lowered to detain food.  Now they only have to have a “reason to believe” there is problem to shut production down, instead of “credible evidence or information indicating.”

HACCP mentioned on page 132, 137, 147, 225.

House bill, already passed, waiting for Senate vote, and then reconciliation battle  (H.R.2749)

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blogs articles regarding the bill S.510:

Current law:

FDA Law outline.

FDA Vitamins and Minerals Sec. 411 (21 USC 350)

415 (21 U.S.C. 350d) Registration of Food Facilities, supposed to deal with organic farms.

………..

NOTE: “The Secretary” is the Secretary of Health and Human Services, Kathleen Sebelius.  A vile woman who, until she was appointed to this position, was the governor of Kansas. One of the only states that allowed deliveries for partial-birth abortions where aboritionists stab the partially delivered baby in the skull and suck its brains out.  Kansas was special in that they didn’t just do the induced, in utero deaths from injection like NY “humanely” allows.  Anyway, my hatred for this woman is deep and goes back a long way.  Read about her here, here, here, here, here.  I can’t believe any human being can be in charge of America’s “Health and Human Services” and be such a depraved accomplice in the murders innocent babies in the name of “choice”.   It’s not a choice, it’s a baby.

~~~ by Christine Gates, Novemeber 23, 2010 ~~~

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Forgive errors, I’ll correct them in the morning.  It’s 2:33am and I’m getting really sleepy.

About Christine

I believe in the CONSERVATIVE principles and values of the Republican Party as they are written, and not how they are currently practiced by today's RINO's. Smaller government, lower taxes, more personal responsibility, states' rights, free market capitalism, and less government intrusion in our lives!
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2 Responses to Food Police truth about S.510 (Food Safety and Modernization Act)

  1. Gail C. - NC USA says:

    I am not sure but I think the section that says:

    page 10 – Profit and monetary values of sales compared to “all other buyers”. I don’t know exactly what that legal double talk means…..

    Is similar to the logic behind the Supreme Courts interpretation of the Commerce Clause

    ” ….Wickard v. Filburn got to the Supreme Court, and in 1942, the justices unanimously ruled against the farmer. The government claimed that if Mr. Filburn grew wheat for his own use, he would not be buying it — and that affected interstate commerce. It also argued that if the price of wheat rose, which is what the government wanted, Mr. Filburn might be tempted to sell his surplus wheat in the interstate market, thwarting the government’s objective. The Supreme Court bought it.

    The Court’s opinion must be quoted to be believed:

    [The wheat] supplies a need of the man who grew it which would otherwise be reflected by purchases in the open market. Home-grown wheat in this sense competes with wheat in commerce.

    As Epstein commented, “Could anyone say with a straight face that the consumption of home-grown wheat is ‘commerce among the several states?'”

    Thus home-grown AND consumed food is equated to that bought in interstate commerce so the VALUE of that food could be considered to come under the jurisdiction of the Federal government and therefore be considered INCOME TO BE TAXED!!!!

    • Christine says:

      Bravo! Your logic is outstanding. Thank you for commenting!

      Words have been perverted and ideas twisted in such a way that we can no longer communicate with “them” in our own English language.

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