HR 2749: WELCOME TO THE GLOBAL PLANTATION

By Doreen Hannes
August 14, 2009
NewsWithViews.com

HR 2749 Authorizes International Take-Over of Domestic Food Production

HR 2749 AUTHORIZES NAIS and OTHER INTERNATIONAL PROGRAMS

Congressional staffers have been telling people that HR 2749, the Food Safety Enhancement Act of 2009, does not authorize the National Animal Identification System (NAIS). Many organic groups have agreed with them. However, this is misleading. Though HR 2749 does not name "the" National Animal Identification System, it still authorizes the program. It also does not state that it legally authorizes Good Agricultural Practices, or GAP, partially comprising Codex guidelines on traceability and food safety, and the OIE's Guide to Good Farming Practices including auditing, certification and inspections, disincentives for not participating in the form of fines, penalties, and loss of access to market, but it does. Is it possible that Congress was not aware of what it voted on? The bill was changed three times in a 24-hour period before passing the House 283-142 on July 30, 2009.

Are these assertions about HR 2749 wild and unsubstantiated? Proving them is fairly easy—just understand “Good Agricultural Practices” (GAP), how the agencies of the World Trade Organization operate within member countries to achieve them and what comprises the actual jurisdiction of the FDA and USDA. A brief explanation follows, along with substantiating quotes from HR 2749.

First we look to jurisdiction in HR2749….

"Nothing in this Act or any amendment made by this Act shall be construed to alter the jurisdiction between the Secretary of Agriculture and the Secretary of Health and Human Services, under applicable statutes and regulations…" (p.3&4)

Then, tossing our preconceived notions to the wind and looking to law instead, we find that congressional testimony of the FDA on establishing a single food safety agency and a myriad of other sources including the FAO (Food and Ag Organization of the UN), the FDA statements on the Bioterrorism Act of 2002, and many books on food law affirm that FDA has jurisdiction over live food animals:

"FDA is the Federal agency that regulates 80 percent of the nation’s food supply-everything we eat except for meat, poultry, and certain egg products, which are regulated by our partners at USDA. FDA’s responsibility extends to live food animals…"

So then what is the authority of the USDA? It is over agricultural disease, animals in the slaughter channel or transport, marketing (like grading of eggs and certification of processes) and the end product of many (but not all) food animals; meat. This is why NAIS always had to be "about disease" because the USDA couldn't run it otherwise! The exemption section on USDA regulated products is a dust up. Most people think the USDA has authority over live food animals, but it is the FDA after all. They surrender "cow, sheep or goat for milk production", but the FDA retains authority of the fluid milk and when the animal is no longer productive for milking, it's into the slaughter channel (under USDA) or out to pasture (back to FDA) anyway!

"Livestock and poultry that are intended to be presented for slaughter pursuant to the regulations by the Secretary of Agriculture under the Federal Meat Inspection Act or the Poultry Products Inspection Act are exempt from the requirements of this Act. A cow, sheep, or goat that is used for the production of milk is exempt from the requirements of this Act." (p.5 of HR2749)

HR 2749 is 160 pages (July 29 version) and contains the following references to international standards and guidelines (emphasis added for clarity) (all page numbers refer to the PDF file):

"(B) INTERNATIONAL STANDARDS.—In issuing guidance or regulations… the Secretary shall review international hazard analysis and preventive control standards that are in existence on the date of the enactment of this Act and relevant to such guidelines or regulations to ensure that the programs…..are consistent……with such standards." (p. 35)

"CONSISTENCY WITH INTERNATIONAL OBLIGATIONS.—The Secretary shall apply this paragraph consistently with United States obligations under international agreements." (p. 81)

"The Secretary shall issue regulations to ensure that any qualified certifying entity and its auditors are free from conflicts of interest. In issuing these regulations, the Secretary may rely on or incorporate international certification standards." (p. 82)

This means that there will be a layer of auditors, certifiers and inspectors over every aspect of food production in this country and that these inspectors and certifiers will be trained in ISO (International Standards Organization) management program certification. The ISO has been working with Codex Alimentarius on Food Safety Standards and, in particular, a technical standard for Global Food Safety Initiative (GFSI) which is a consortium of the seven largest food retailers in the world, and that is ISO22000:2005. All traceability (read NAIS) falls under the purview of Codex, the OIE (World Animal Health Organization) and the IPPC (International Plant Protection Convention) for global trade agreements. 

The following excerpt from HR 2749 shows the fully interoperable global network already in existence regarding food and its production:

"Development of such guidelines shall take into account the utilization of existing unique identification schemes and compatibility with customs automated systems, such as integration with the Automated Commercial Environment (ACE) and the International Trade Data System (ITDS), and any successor systems." (p. 142)

So it is clear that international standards and guidelines are implicit in this legislation. Note the usage of the command form SHALL. This isn't a 'might', 'may' or in anyway a voluntary issue on the part of the Secretary. Then there is the section on Traceability. This is a code word in the National Animal Identification System and when one reads Sec.107 of this bill, it describes specific components of NAIS down to 48-hour trace-back, which cannot even be fantasized about with out individual animal identification.

"…..the Secretary shall issue regulations establishing a tracing system that enables the Secretary to identify each person who grows, produces, manufactures, processes, packs, transports, holds, or sells such food in as short a timeframe as practicable but no longer than 2 business days." [note that it says "grows"] (p. 70)

and…

"……use a unique identifier for each facility owned or operated by such person for such purpose…" (p. 69)

So we have PIN (Premises Identification Number) and 48-hour traceback harmonizing with international standards and guidelines along with this:

"….‘‘(C) COORDINATION REGARDING FARM IMPACT.—In issuing regulations under this paragraph that will impact farms, the Secretary ‘‘(i) shall coordinate with the Secretary of Agriculture; and ‘‘(ii) take into account the nature of the impact of the regulations on farms." (p. 71)

Now that I've killed you with legalese, it's time to let you find out just what these international standards and guidelines mean to those engaged in agriculture in this country.

“GOOD AGRICULTURAL PRACTICES”

Good Agricultural Practices (GAP) are not a standard in and of themselves. They are a combination of standards and guidelines set forth by the Food and Agriculture Organization of the U.N. (FAO), through both the OIE (World Animal Health Organization) and Codex Alimentarius (Food Code) and IPPC to meet the certification and auditing side of the international trade aspects of the standards set forth. The OIE and Codex are charged with setting global standards and guidelines for the member countries of the WTO to meet and satisfy the SPS (Sanitary and Phyto-Sanitary), TBT (Technical Barriers to Trade) and Equivalency agreements of the WTO for participation in international trade. Both the OIE and CODEX have guidelines for traceability that, with the passage of HR2749 into law, would be written into regulations governing all interstate commerce within the boundaries of the United States. The components of traceability are the pillars of NAIS that many of us have become so familiar with in the course of the battle over the past several years. Those being 

1) Premises Identification 

2) Animal Identification and 

3) Animal Tracking. 

You can't have traceability under international standards without having those three components.

One of the main issues in the implementation of these standards and guidelines within a member nation of the WTO is that they must have a legal framework through which to regulate and enforce these guidelines and standards. HR 2749 would meet the criteria for that legal framework by way of the excerpts from the bill above.

In the OIE's "Guide to Good Farming Practices" the management of a livestock facility are clearly spelled out. Some of these recommendations that would become defacto law in the US under agency rule-making on passage of HR2749 (GGFP delineates international guidelines for food safety at the farm level) are:

- For each animal…Require and keep all commercial and health documents enabling their exact itinerary to be traced from their farm or establishment to their final destination…

- Keep a record of all persons entering the farm…..

- Keep medical certificates of persons working with the animals……

- Keep documents proving the water you give to the animals meets specific criteria

- Keep samples of all feed given to the animals

- Keep all documents from official inspections

- Keep records of treatment and procedures on all animals (castration, disbudding, calving, medications, etc.)

- Prevent domestic animals (cats and dogs) from roaming in and around livestock buildings

- Place all these documents at the disposal of the competent authority (Veterinary Services) when it conducts farm visits.

Some of the other guidelines and standards that would come into play after the implementation of traceability for all agricultural products would be : (from FAO COAG/17 "Development of a Framework for Good Agricultural Practices") "the adoption and implementation of international standards and codes for which Codex food safety standards and guidelines have been designed, and the associated capacity building, training, development and field implementation in the context of the different production systems and agro-ecozones. These include: Enhancing Food Quality and Safety by Strengthening Handling, Processing and Marketing in the Food Chain (214A9); Capacity Building and Risk Analysis Methodologies for Compliance with Food Safety Standards and Pesticide Control (215P1); Food Quality Control and Consumer Protection (221P5); Food Safety Assessment and Rapid Alert System (221P6); and Food Quality and Safety Throughout the Food Chain (221P8)."*

To be certified as meeting the requirements of "GAP", which is synonymous with being in compliance with international standards and guidelines, we can check out GlobalGAP.org. This is "the" certifying methodology for international trade in ag products. Here are a few excerpts from their 122-page general regulations booklet that has links to checklists for those who would be certifiers and auditors under the principles of GAP. This is an organization, not a governing body under WTO agreements, but working with nations and businesses to meet the criteria regarding these GAP practices for international trade. Here is a bare minimum of excerpts from their regulation document:

-(ii) Developing a Good Agricultural Practice (G.A.P.) framework for benchmarking existing assurance schemes and standards including traceability. (iii) Providing guidance for continuous improvement and the development and understanding of best practice. (iv) Establish a single, recognised framework for independent verification.

-Production Location: A production unit or group of production units, covered by the same ownership, operational procedures, farm management, and GLOBALGAP (EUREPGAP) decision-making activities.

-Within the context of GLOBALGAP (EUREPGAP) Integrated Farm Assurance this means tracing product from the producer’s immediate customer back to the producer and certified farm.

-Within the context of GLOBALGAP (EUREPGAP) Integrated Farm Assurance this means tracking product from the producer to his immediate customer.

In simple English, which appears to be highly lacking in all these guidelines, it means NAIS for everything, and for anyone who wishes to be engaged in agriculture….Remember the "grows" phrase from the earlier excerpt from HR2749. Now let's look at some of the 'exception' clauses in HR2749. This bill is a terrifically crafty piece of legislation that is designed to cloud the reader's understanding of the impact of the law being proposed in it. All of the exception clauses give the exception under this Act so long as you are ready to be regulated under a different Act. We'll just look at a couple of these clauses to allow you to get the gist of the lack of exception available through the exceptions….

“EXCEPTIONS”

Farms- A farm is exempt from the requirements of this Act to the extent such farm raises animals from which food is derived that is regulated under the Federal Meat Inspection Act, the Poultry Products Inspection Act, or the Egg Products Inspection Act.

‘‘(I) such an operation that packs or holds food, provided that all food used in such activities is grown, raised, or consumed on such farm or another farm under the same ownership;

‘‘(II) such an operation that manufactures or processes food, provided that all food used in such activities is consumed on such farm or another farm under the same ownership; (pages9 and10)

Thus, if you grow everything you feed and consume everything you grow, and use no minerals or salts that you don't mine yourself, you may be exempt. Or, in plain English, don't even try to make a living in agriculture if you won't comply with these rules.

One more exception to contend with here is:

‘(A) DIRECT SALES BY FARMS- Food is exempt from the requirements of this subsection if such food is--

‘(i) produced on a farm; and

‘(ii) sold by the owner, operator, or agent in charge of such farm directly to a consumer or to a restaurant or grocery store. (page 71)

This sounds good. However, there are several problems with this that are not evident without some knowledge of how things are done in the traditional avenues open for market to growers. First of all, cattle, whom you may recall as the primary target of the NAIS Business Plan, are often sold either at auction barns or via potload to feedlots. It is illegal to sell beef directly from the farm to consumers in every state that I know of. People often will sell a calf ready to butcher in halves or quarters to people and deliver the calf to the slaughter facility for the consumer, but this is far from the normal route of commerce in cattle or other species of meat animal. Even if you can securely wedge your operation into this particular exemption, they get you later via the record keeping section of this bill:

‘(E) RECORDKEEPING REGARDING PREVIOUS SOURCES AND SUBSEQUENT RECIPIENTS- For a food or person covered by a limitation or exemption under subparagraph (B), (C), or (D), the Secretary shall require each person who produces, receives, manufactures, processes, packs, transports, distributes, or holds such food to maintain records to identify the immediate previous sources of such food and its ingredients and the immediate subsequent recipients of such food.

‘(F) RECORDKEEPING BY RESTAURANTS AND GROCERY STORES - For a food covered by an exemption under subparagraph

(A), restaurants and grocery stores shall keep records documenting the farm that was the source of the food.

‘(G) RECORDKEEPING BY FARMS- For a food covered by an exemption under subparagraph (A), farms shall keep records, in electronic or non-electronic format, for at least 6 months documenting the restaurant or grocery store to which the food was sold.’ (pp. 74-75)

So being exempt means you are required to keep records. Keeping required records means you could be required to release those records. So how exempt can a person get under this legislation? Especially when the slughter facilities will all be regulated unless the USDA already regulates them?

PENALTIES AND FINES

Then of course, as with any law, there are the fines and penalties. These are from $20,000 to $1,000,000 per violation. (p. 122)

NO JUDICIAL REVIEW

There is also the change under the seizure section that takes away judicial overview…(double quotations indicate amending language)

…….procedure in cases under this section shall conform, as nearly as may be, to the procedure in admiralty; except that on demand of either party any issue of fact joined in any such case shall be tried by jury, ""and except that, with respect to proceedings relating to food, Rule G of the Supplemental Rules of Admiralty or Maritime Claims and Asset Forfeiture Actions shall not apply in any such case, exigent circumstances shall be deemed to exist for all seizures brought under this section, and the summons and arrest warrant shall be issued by the clerk of the court without court review in any such case""…… (p. 116)

So we can just throw out that pesky Fourth Amendment to the Constitution and while we're at it, let's get rid of probable cause as well via this wording from page 117:

by striking ‘‘credible evidence or information indicating’’ and inserting ‘‘reason to believe’’;

There are many other dangerous aspects to HR 2749, like seizures, quarantines, and licensing and whistle blower provisions, but this should leave no doubt that this bill will indeed affect farms and has the potential to affect even home food production if an agency decides to apply the international risk analysis schemes to that venue. This bill opens a huge regulatory nightmare that is only evident when one knows what the international guidelines and standards consist of in regard to agriculture. Understanding those, it is highly unlikely that they will issue regulations that keep things as they are now.

Now, the questions that everyone involved in agriculture, meaning everyone who eats, must ask themselves are these:

Can regulating, fining and destroying the freedom of people to grow food create food safety?

Have the impacts of so-called “Free Trade” on this nation been beneficial for the citizens of this country?

Have food safety concerns increased or decreased since we have begun to import more food under these trade agreements?

And ultimately, does the US Constitution provide for the voidance of the Bill of Rights to participate in global trade?

My copy of the Constitution clearly does not allow for any law to void the Bill of Rights which is unalienable and Constitutionally guaranteed. It's time to let our Federal representatives know in no uncertain terms, that everything to do with governance ultimately comes down to the consent of the governed, and we will not consent to being run by international agencies.

My deep thanks to Paul Griepentrog, who helped in going through the legislation and many of the ramifications and amendments to current law under this Act.

Related Articles:

1. House Set to Vote on Fast-Tracked "Food-Safety" Bill
2. Will Congress Wipe Out Home Gardens, Growers Markets?

© 2009 Doreen Hannes - All Rights Reserved

Doreen Hannes is a homesteading mom, and a truly grass roots activist for small scale and traditional farming rights. She has thoroughly researched the origins and impacts of "Free Trade" agreements and National Animal Identification System in particular and has been a major force in the anti-NAIS movement both nationally and in Missouri for over a year.

Her mission is to expose the procedures and methods being employed to destroy the God given rights of this once great republic. Doreen is a frequent guest on talk radio programs and has written extensively on the NAIS.

E-Mail: animalwaitress@yahoo.com

http://www.newswithviews.com/Hannes/doreen100.htm

Action Alert: The Gestapo Food Act, H.R. 2749, Must Be Stopped

TAKE ACTION HERE

Here we have yet another phony food safety bill, which does NOTHING but grant the FDA massive new police powers without actual policy oversight. And it would do NOTHING to solve the actual problem, the stinking cesspools which call themselves "modern" factory farms, the SOLE source of whatever filth there is in our food supply. We don't need burdensome new tracing regimes to drive small farmers out of business, we already know exactly where the problem is.

H.R. 2749 [text of bill] would give some FDA administrator (read self-serving corporate lobbyist) the power to dictate what farming practices must and must not be used nationwide (read enforced GMOs, growth hormones, and weird chemicals in our food). How can Congress make sane policy without identifying the specific problem and its source before empowering 10 year criminal sentences and $100,000 fines? It can't. But only if we stop them from doing it, by speaking out now.

The one click form below will send your personal message to all your government representatives selected below, with the subject "Reject HR 2749 and Clean Up Factory Farms Instead." At the same time you can send your personal comments only as a letter to the editor of your nearest local daily newspaper if you like.

http://www.peaceteam.net/action/pnum996.php

Important Information and Action Alert on H.R. 2749:Food Safety Enhancement Act of 2009

Please read the following information on HR 2749. The concern is that the real intent behind the food safety bill is to extend the powers of the government and though representatives in Washington write reassuring emails about the intent, the fact is that the language of the law is interpreted literally and "intent" has no meaning in most courts since the spirit of the law appears to be missing in the psyche of judges.

Alarming Provisions:

* HR 2749 would impose an annual registration fee of $500 on any "facility" that holds, processes, or manufactures food. Although "farms" are exempt, the agency has defined "farm" narrowly. And people making foods such as lacto-fermented vegetables, cheeses, or breads would be required to register and pay the fee, which could drive beginning and small producers out of business during difficult economic times.

* HR 2749 would empower FDA to regulate how crops are raised and harvested. It puts the federal government right on the farm, dictating to our farmers.

* HR 2749 would give FDA the power to order a quarantine of a geographic area, including "prohibiting or restricting the movement of food or of any vehicle being used or that has been used to transport or hold such food within the geographic area." Under this provision, farmers markets and local food sources could be shut down, even if they are not the source of the contamination. The agency can halt all movement of all food in a geographic area.

* HR 2749 would empower FDA to make random warrantless searches of the business records of small farmers and local food producers, without any evidence whatsoever that there has been a violation. Even farmers selling direct to consumers would have to provide the federal government with records on where they buy supplies, how they raise their crops, and a list of customers.

* HR 2749 charges the Secretary of Health and Human Services with establishing a tracing system for food. Each "person who produces, manufactures, processes, packs, transports, or holds such food" would have to "maintain the full pedigree of the origin and previous distribution history of the food," and "establish and maintain a system for tracing the food that is interoperable with the systems established and maintained by other such persons." The bill does not explain how far the traceback will extend or how it will be done for multi-ingredient foods. With all these ambiguities, it's far from clear how much it will cost either the farmers or the taxpayers.

* HR 2749 creates severe criminal and civil penalties, including prison terms of up to 10 years and/or fines of up to $100,000 for each violation for individuals.

5 MINUTE ACTION on HR 2749 FOOD SAFETY on Small Farms

1- Sign the "Oppose HR 2749" petition on the Fund website (www.farmtoconsumer.org) and send messages to your legislators through the petition system.

2- Contact your Representative. Use the finder tool at www.Congress.org

3. Call the Capitol Switchboard at 202-224-3121.

4- Send a message through the petition system at http://www.ftcldf.org/petitions_new.htm.

5- forward this message to your friends. Take my name off the forward, please.

UPDATE: JUNE 17 HEARING

A further amended version of HR 2749 passed out of the Energy and Commerce Committee on June 17. The bill next goes to House floor for a vote. HR 2749 could be amended again before the vote takes place.

The worst provisions of HR 2749 remain in the bill. The latest version does, however, reduce the amount of civil fines that can be assessed against individuals and corporations; but the fines FDA can levy under the latest amendment are still substantial.

The bill has tightened the standards under which the federal government can quarantine food in a geographic area; but the Secretary of Health and Human Services is still given the power to impose a geographic quarantine without a court order.

The latest version of HR 2749 can be found at
http://energycommerce.house.gov/Press_111/20090617/hr2749_ans.pdf

HR 2749 needs to be defeated!! Please take action NOW.

HR 875/S425: Lose your property for growing food?

GROUND CONTROL

Big Brother legislation could mean prosecution, fines up to $1 million

Posted: March 16, 2009
8:56 pm Eastern

By Chelsea Schilling
© 2009 WorldNetDaily

Some small farms and organic food growers could be placed under direct supervision of the federal government under new legislation making its way through Congress.

Food Safety Modernization Act

House Resolution 875, or the Food Safety Modernization Act of 2009, was introduced by Rosa DeLauro, D-Conn., in February. DeLauro's husband, Stanley Greenburg, conducts research for Monsanto – the world's leading producer of herbicides and genetically engineered seed.

DeLauro's act has 39 co-sponsors and was referred to the House Agriculture Committee on Feb. 4. It calls for the creation of a Food Safety Administration to allow the government to regulate food production at all levels – and even mandates property seizure, fines of up to $1 million per offense and criminal prosecution for producers, manufacturers and distributors who fail to comply with regulations.

Michael Olson, host of the Food Chain radio show and author of "Metro Farm," told WND the government should focus on regulating food production in countries such as China and Mexico rather than burdening small and organic farmers in the U.S. with overreaching regulations.

"We need somebody to watch over us when we're eating food that comes from thousands and thousands of miles away. We need some help there," he said. "But when food comes from our neighbors or from farmers who we know, we don't need all of those rules. If your neighbor sells you something that is bad and you get sick, you are going to get your hands on that farmer, and that will be the end of it. It regulates itself."

The legislation would establish the Food Safety Administration within the Department of Health and Human Services "to protect the public health by preventing food-borne illness, ensuring the safety of food, improving research on contaminants leading to food-borne illness, and improving security of food from intentional contamination, and for other purposes."

Federal regulators will be tasked with ensuring that food producers, processors and distributors – both large and small – prevent and minimize food safety hazards such as food-borne illnesses and contaminants such as bacteria, chemicals, natural toxins or manufactured toxicants, viruses, parasites, prions, physical hazards or other human pathogens.

Under the legislation's broad wording, slaughterhouses, seafood processing plants, establishments that process, store, hold or transport all categories of food products prior to delivery for retail sale, farms, ranches, orchards, vineyards, aquaculture facilities and confined animal-feeding operations would be subject to strict government regulation.

Government inspectors would be required to visit and examine food production facilities, including small farms, to ensure compliance. They would review food safety records and conduct surveillance of animals, plants, products or the environment.

"What the government will do is bring in industry experts to tell them how to manage all this stuff," Olson said. "It's industry that's telling government how to set these things up. What it always boils down to is who can afford to have the most influence over the government. It would be those companies that have sufficient economies of scale to be able to afford the influence – which is, of course, industrial agriculture."

Farms and food producers would be forced to submit copies of all records to federal inspectors upon request to determine whether food is contaminated, to ensure they are in compliance with food safety laws and to maintain government tracking records. Refusal to register, permit inspector access or testing of food or equipment would be prohibited.

"What is going to happen is that local agriculture will end up suffering through some onerous protocols designed for international agriculture that they simply don't need," Olson said. "Thus, it will be a way for industrial agriculture to manage local agriculture."

Under the act, every food producer must have a written food safety plan describing likely hazards and preventative controls they have implemented and must abide by "minimum standards related to fertilizer use, nutrients, hygiene, packaging, temperature controls, animal encroachment, and water."

"That opens a whole can of worms," Olson said. "I think that's where people are starting to freak out about losing organic agriculture. Who is going to decide what the minimum standards are for fertilization or anything else? The government is going to bring in big industry and say we are setting up these protocols, so what do you think we should do? Who is it going to bring in to ask? The government will bring in people who have economies of scale who have that kind of influence."

DeLauro's act calls for the Food Safety Administration to create a "national traceability system" to retrieve history, use and location of each food product through all stages of production, processing and distribution.

Olson believes the regulations could create unjustifiable financial hardships for small farmers and run them out of business.

"That is often the purpose of rules and regulations: to get rid of your competition," he said. "Only people who are very, very large can afford to comply. They can hire one person to do paperwork. There's a specialization of labor there, and when you are very small, you can't afford to do all of these things."

Olson said despite good intentions behind the legislation, this act could devastate small U.S. farms.

"Every time we pass a rule or a law or a regulation to make the world a better place, it seems like what we do is subsidize production offshore," he said. "We tell farmers they can no longer drive diesel tractors because they make bad smoke. Well, essentially what we're doing is giving China a subsidy to grow our crops for us, or Mexico or anyone else."

Section 304 of the Food Safety Modernization Act establishes a group of "experts and stakeholders from Federal, State, and local food safety and health agencies, the food industry, consumer organizations, and academia" to make recommendations for improving food-borne illness surveillance.

According to the act, "Any person that commits an act that violates the food safety law … may be assessed a civil penalty by the Administrator of not more than $1,000,000 for each such act."

Each violation and each separate day the producer is in defiance of the law would be considered a separate offense and an additional penalty. The act suggests federal administrators consider the gravity of the violation, the degree of responsibility and the size and type of business when determining penalties.

Criminal sanctions may be imposed if contaminated food causes serious illness or death, and offenders may face fines and imprisonment of up to 10 years.

"It's just frightening what can happen with good intentions," Olson said. "It's probably the most radical notions on the face of this Earth, but local agriculture doesn't need government because it takes care of itself."

Food Safety and Tracking Improvement Act

Another "food safety" bill that has organic and small farmers worried is Senate Bill 425, or the Food Safety and Tracking Improvement Act, sponsored by Sen. Sherrod Brown, D-Ohio.

Brown's bill is backed by lobbyists for Monsanto, Archer Daniels Midland and Tyson. It was introduced in September and has been referred to the Senate Agriculture, Nutrition and Forestry Committee. Some say the legislation could also put small farmers out of business.

Like HR 875, the measure establishes a nationwide "traceability system" monitored by the Food and Drug Administration for all stages of manufacturing, processing, packaging and distribution of food. It would cost $40 million over three years.

"We must ensure that the federal government has the ability and authority to protect the public, given the global nature of the food supply," Brown said when he introduced the bill. He suggested the FDA and USDA have power to declare mandatory recalls.

The government would track food shipped in interstate commerce through a recordkeeping and audit system, a secure, online database or registered identification. Each farmer or producer would be required to maintain records regarding the purchase, sale and identification of their products.

A 13-member advisory committee of food safety and tracking technology experts, representatives of the food industry, consumer advocates and government officials would assist in implementing the traceability system.

The bill calls for the committee to establish a national database or registry operated by the Food and Drug Administration. It also proposes an electronic records database to identify sales of food and its ingredients "establishing that the food and its ingredients were grown, prepared, handled, manufactured, processed, distributed, shipped, warehoused, imported, and conveyed under conditions that ensure the safety of the food."

It states, "The records should include an electronic statement with the date of, and the names and addresses of all parties to, each prior sale, purchase, or trade, and any other information as appropriate."

If government inspectors find that a food item is not in compliance, they may force producers to cease distribution, recall the item or confiscate it.

"If the postal service can track a package from my office in Washington to my office in Cincinnati, we should be able to do the same for food products," Sen. Brown said in a Sept. 4, 2008, statement. "Families that are struggling with the high cost of groceries should not also have to worry about the safety of their food. This legislation gives the government the resources it needs to protect the public."

Recalls of contaminated food are usually voluntary; however, in his weekly radio address on March 15, President Obama announced he's forming a Food Safety Working Group to propose new laws and stop corruption of the nation's food.

The group will review, update and enforce food safety laws, which Obama said "have not been updated since they were written in the time of Teddy Roosevelt."

The president said outbreaks from contaminated foods, such as a recent salmonella outbreak among consumers of peanut products, have occurred more frequently in recent years due to outdated regulations, fewer inspectors, scaled back inspections and a lack of information sharing between government agencies.

"In the end, food safety is something I take seriously, not just as your president but as a parent," Obama said. "No parent should have to worry that their child is going to get sick from their lunch just as no family should have to worry that the medicines they buy will cause them harm."

The blogosphere is buzzing with comments on the legislation, including the following:

• Obama and his cronies or his puppetmasters are trying to take total control – nationalize everything, disarm the populace, control food, etc. We are seeing the formation of a total police state.

• Well ... that's not very " green " of Obama. What's his real agenda?

• This is getting way out of hand! Isn't it enough the FDA already allows poisons in our foods?

• If you're starving, no number of guns will enable you to stay free. That's the whole idea behind this legislation. He who controls the food really makes the rules.

• The government is terrified of the tax loss. Imagine all the tax dollars lost if people actually grew their own vegetables! Imagine if people actually coordinated their efforts with family, friends and neighbors. People could be in no time eating for the price of their own effort. ... Oh the horror of it all! The last thing the government wants is for us to be self-sufficient.

• They want to make you dependent upon government. I say no way! already the government is giving away taxes from my great great grandchildren and now they want to take away my food, my semi-auto rifles, my right to alternative holistic medicine? We need a revolution, sheeple! Wake up! They want fascism ... can you not see that?

•  The screening processes will make it very expensive for smaller farmers, where bigger agriculture corporations can foot the bill.

• If anything it just increases accountability, which is arguably a good thing. It pretty much says they'll only confiscate your property if there are questions of contamination and you don't comply with their inspections. I think the severity of this has been blown out of proportion by a lot of conjecture.

• Don't waste your time calling the criminals in D.C. and begging them to act like humans. This will end with a bloody revolt.

• The more I examine this (on the surface) seemingly innocuous bill the more I hate it. It is a coward's ploy to push out of business small farms and farmers markets without actually making them illegal because many will choose not to operate due to the compliance issue.

http://www.worldnetdaily.com/index.php?fa=PAGE.view&pageId=92002

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