Posts Tagged Farmer’s Market

S.510 Does NOT Protect Local, Natural Food

NATURAL SOLUTIONS FOUNDATION
Your Global Voice of Health & Food Freedom™
www.HealthFreedomPortal.org
<blockquote>Health Freedom USA is pleased to re-post this article by Ms. Hannes which was originally circulated by our friends at NAIS Stinks.com … NAIS is the National Animal Identification System which wants to “chip” all farm animals, “voluntarily” — and, for many reasons we agree with them, NAIS stinks! Both Codex and S.510 are very NAIS friendly, and thus not friendly to farmers, consumer or environment – see: www.FriendlyFoodCertification.org.</blockquote>
Why S.510 Does NOT Protect Local, Natural Food… or Freedom!
S. 510 Hits A Snag
by: Doreen Hannes Dec. 4, 2010
Reprinted with permission from www.naisstinks.com

Senate Bill S 510, the Food Safety Modernization Act, passed the Senate on November 30th, 74-23. Not a single Democrat crossed party lines. This bill is the coup on food in the US. Even though the Tester Amendment was included to dupe those who think it will stop small farmers and processors from being put right out of business, it will only slow down the demise of some small farms.

Then it came to light that a Constitutional issue that had been staring all of us in the face was present. The Senate did not pick up HR2749, which passed the House in July of 2009; instead they took up their own monster in S 510. They also began revenue generation in the Senate (Section 107 of the bill), which is expressly forbidden by the Constitution.

Faced with a patently un-Constitutional bill, that violates Constitutional process, we have to remain vigilant until BOTH houses have adjourned for the winter recess prior to the next session of Congress. Talk about roller coasters.

If the Constitution means anything at all, the House should blue slip S. 510, which would preclude them from taking the bill up and very likely run out the clock for passage in this session.

However, there are four choices available for the legislation to move forward before they adjourn on December 24th. The first is for the Senate to bring it back and get unanimous consent to remove the offending section. Since Senator Coburn of Oklahoma will not consent, that avenue is cut off.

Second is for the Senate to bust S. 510 down to the original a compromise amendment, remove the funding section and the Tester amendment and try to ram it through the entire senate process again before the 24th. This seems unlikely, but do not trust them as far as you can throw a semi trailer loaded with lead.

Third, the Senate could take HR2749, which has already passed the House, and rush it through the Senate, and it would go straight to the Presidents desk with no process with the House necessary. This also seems rather unlikely. The bills are very similar and would have the same detrimental effects for everyone, but the Senators are not familiar with the bill, so it could be really tough.

Fourth, the House Ways and Means committee could pass the bill through and forgive the Constitutional infraction and refuse to blue slip the bill, then vote on it before the 24th and we would have the bill albeit there would be legal issues brought forth that could possibly ensnare the regulations they want to write under this bill. This appears to be the most likely potential for S. 510.

Make no mistake about this, SB 510, or HR 2749 are worse than the Patriot Act, the Health Care bill, and the Federal Reserve Act combined. We can all live without little pieces of paper, and many of us can live without doctors, and we have been living with the increasing police state since 911, but none of us can live without food and water. If we lose food and water, we will not be able to fight anything else.

The Tester-Hagan Amendment Lipstick on a Pig

The largest deception played on the public in S. 510 is the inclusion of the Tester Amendment. This amendment was sold as the complete exemption for all small farms grossing less than $500,000 per year. But if one reads the actual amendment, it is evident that it will not do what it is purported to do for the vast majority of small producers.

The Tester Amendment has strident restrictions on those who may be exempted from HACCP (Hazard and Critical Control Point) implementations. HACCP is 50 pages of instructions that require a certifier to sign off on the plan, and a team to be trained in ensuring the plan is followed on the farm. The requirement of this plan put about 40% of small meat processors out of business several years ago. If you fall under the protection of the Tester amendment, you will not have to do it….but let us see how protective the Tester Amendment really is.

First, the Tester Amendment purports to exempt farms with less than $500,000 in sales from the requirements of S.510. However, to be exempt one must sell more than 50% of their products directly to consumers or restaurants within a 275-mile radius from production, and keep records substantiating those sales. The records are open for inspection and verification of the exemption. In other words, you have to prove you are playing by their rules through record keeping and approval of those records, or meet the more onerous requirements of S.510.

You must apply to be included in the protections of the Tester amendment. You must substantiate through your records for three years that you fit the category of selling more than 50% of average annual monetary value within this 275-mile radius. So, if you sell on the roadside or at a farmers market, you must have a map handy and ask for ID from everyone who purchases from you or lose your exemption. Nice, huh?

Proof of Residence for Food? Really?

I can see it now….A lovely early June day, with the birds singing and the smell of freshly mown hay hanging in the air like the best memory from childhood. A young mother pulls into the Farmers Market and readies herself for a wonderful shopping experience.

She approaches the first stand with her mouth nearly watering at the bright display of fresh produce. I would like 3 cucumbers, please, says the lady with her 3 kids and cloth grocery bag.

Great! Can I see your ID? replies the guy in bibs.

Oh, I am paying with cash she replies with a smile.

No matter, says the farmer, We have to make sure you are within a 275 mile radius of our farm in order to sell to you.

She looks perplexed and says, Well, we are not. We are on our way to visit my parents and I wanted to make a special dinner for all of us, using their locally produced foods so they could remember how good home grown veggies are….So I can not buy from you without an ID?

The farmer scratches his head and says, Now see, I have to be very careful. I belong to a CSA that sells to a Chipotle that is 276 miles from us, so all of my sales at market have to be local or I lose my exemption and will have to hire 5 people to take care of the paper work and then I just go out of business. So no, I can not sell to you. What is more, all the vendors here are part of the CSA, so no one here can sell to you. You have a nice day now!

No Surprises-It is Locally — Global

What we have in Tester is local Agenda 21 Sustainable Development. In sum, control over all human impact on the environment. Everything will need to be within the food shed, and if you are outside of the food shed, too bad for you. It is a great way to surveille and monitor food production and distribution. And you still fall under the broad based reason to believe of the Secretary with the Tester amendment. If the Secretary, meaning the head of the FDA or HHS thinks you may have a problem, or deems what you produce to be high risk, you will be shut down until they say you can begin again. All of your product is subject to mandatory recall; that is why you have to keep records of everyone you sell to. And you will have to register as a facility under the Bioterrorism Act of 2002, referred to as Sec 415 throughout the bill. (Knock knock—this is premises identification as in NAIS)

So please, do not tell me how great the Tester Amendment is, and that the expansive powers being granted to the DoD, DHS, HHS, FDA and USDA in this bill will be helpful to small farmers and local food production and make my food safe. Wake up and smell the coffee!!! Oh, wait. The only state that could produce coffee within 275 miles of itself, is Hawaii. Never mind. Wake up, and smell the tyranny, please.

(The best thing to do right now is to call the members of the House Ways and Means Committee as well as your own Representative and tell them they MUST blue slip S. 510. While I know it gets frustrating to call the Congress critters, the more they know that we know, the better the chance at slowing down the destruction they have planned for us. The switchboard number for Congress is 202-224-3121.)

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Food & the Interstate Commerce Clause

05-24-2010 6:40 pm – Derry Brownfield

Derry Brownfield, legendary cattleman, rancher and talk radio host, is heard daily across America bringing his common sense approach to listeners. The farmers' champion and a passionate constitutionalist, Derry takes on big government, mega-corporations, and environmental extremists. From the stock market to the stock yards, from greedy oil companies to the everyday concerns of his loyal audience, no topic is too hot to handle for Derry, who is called "the voice of the heartland". Born during the Great Depression, Derry says we would all be better off if we applied what he learned at a tender age: The best place to find a helping hand is at the end of your own arm!

The United States Department of Agriculture (USDA) says it plans to drop the program called the National Animal Identification System (NAIS). I’ve been studying the antics of Washington bureaucrats for 50 years and I know this is just another ploy to give farmers and ranchers a feeling of security, when all the while they are in the process of coming back with a much more draconian plan. The name has been changed and descriptive words have been eliminated and replaced with other objectives, but government continues to push towards turning the control of our livestock industry over to the multinational meat packers. The coyotes howl along the trail but the wagons keep rolling along.

The USDA has only put a new saddle on the same old horse. The program is no longer called NAIS, the new name is “ANIMAL DISEASE TRACEABILITY FRAMEWORK.”

The original document explaining NAIS consisted of 1200 pages, while this new version on traceability is only 7 pages of questions and answers. Our government is doing everything within its power to force this plan upon us in order to be in compliance with the World Organization for Animal Health (OIE). We are being told this new plan will be a kinder, gentler state-run program; however we will still have premise registration, although the word PREMISE has been changed to “UNIQUE LOCATION IDENTIFIER.”

The government is also trying to force sale-barns to tag all cows with the “840” tags. “840” indicates the animal originated in the United States. This is to keep us in compliance with the OIE. The United States is no longer in charge of its own policies, rather we are obliged to follow directives of the World Trade Organization (WTO), the Food & Agricultural Organization (FAO), the World Health Organization (WHO), including the Codex Alimentarius and the International Plant Protection Convention. These are all agencies of the United Nations.

I have not researched other states, but in Missouri the State Veterinarian’s office began coercing sale-barn owners to attach “840” tags in all cows going through their facilities. Russell Wood states: “This is nothing but a back door approach to NAIS PREMISE registration. This sale-barn approach was an obvious attempt to assign PREMISE numbers to unsuspecting sellers and buyers whether they wanted to join the “VOLUNTARY” program or not. Missouri has a law stating: “The State Department of Agriculture is prohibited from mandating NAIS PREMISE registration on Missouri livestock producers.” By changing the name of the program from NAIS to “ANIMAL DISEASE TRACEABILITY FRAMEWORK” and changing “PREMISES” to “UNIQUE LOCATION IDENTIFIER” the law apparently becomes void.”

In December, some Missouri sale-barns began using the NAIS tags. The barn owners said they had been instructed by the Missouri Department of Agriculture to apply these “840” tags to every cow unloaded at the sale barn. After showing them the law prohibiting the state from doing what they had enticed the barn owners to do, a hearing was held in the State Capital to see if the State Veterinarian was abiding by Missouri law. The Missouri State Veterinarian, Taylor Woods, testified that they had no official written policy on the use of the “840” tags. The state officials had no jurisdiction over the barn owners and was pushing the United Nation’s agenda through intimidation.

We have been told by government officials that this new approach is going to eliminate any producer that does not have livestock going into interstate commerce. Except for Kansas, Nebraska, and perhaps Colorado, practically all cattle born in the state move across state lines. Missouri for example has one of the largest mother cow herds in the nation – but has no feedlot or slaughter facilities, so about 100% of the calves born in Missouri eventually cross state lines.

To understand why the USDA is pushing the “Interstate Commerce Clause” let’s understand the 1942 U.S. Supreme Court decision in Wickard vs Filburn. Claude Wickard was the Secretary of Agriculture at that time and Roscoe Filburn was a wheat grower. Under FDR’s NEW DEAL farmers were allowed to sell a certain amount of wheat. Filburn grew more wheat than he was allowed to market in Interstate Commerce, so the wheat produced in excess of his quota he fed to his livestock. Filburn was found guilty of violating the Interstate Commerce Clause because he fed the wheat to his own livestock; wheat that he had produced on his own land.

Wickard assessed a penalty against him but Filburn refused to pay. The Supreme Court ruled against Filburn saying: “If he had not fed the wheat to his livestock he would have been forced to purchase wheat for livestock feed, and that wheat would have crossed state lines, therefore he was involved in Interstate Commerce.” Based upon these facts, if this new “DISEASE TRACEABILITY” plan goes into effect and a farmer butchers his own calf, he is in violation of the Interstate Commerce Clause. Had he not butchered his own calf, he would have been forced to go to the market and buy beef which has crossed state lines.

Do you see the restraints big government is trying to place on animal agriculture? Even a local organic farmer, selling produce at a local Farmer’s Market, would be in violation of the Interstate Commerce Clause.

Big Agribusiness has taken control of the poultry and egg industry, the pork and milk industries; and if this new and improved DISEASE TRACEABILITY plan becomes law, everything a consumer purchases at the meat and dairy counter will be controlled by no more than a half-dozen large Agribusiness corporations. Our food supply, as we know it, will be a thing of the past.

(c) 2010 Derry Brownfield – All Rights Reserved

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