HR 875 the Food Safety Modernization Act of 2009

I don’t want to get into this issue. I don’t have the time for it or the desire to bang my head against the wall that comes with such issues. The problem is that it affects all growers in the USA, Puerto Rico, Guam… Anyone that sells or gives away something they grow. Anyone that just grows for his or her own use and even anyone that eats. I hope you will take the time to read this through. It also makes me angry to have to put this up on my site that has always been about providing information on rare plants and fruit.

Some of you have found this page through an on line search, others were invited from various garden / growing list groups. I am reproducing the letter as it has a link where you are invited to comment should you wish to do so.

So, the folks in the White House are planting a garden. Good, too bad their 'friends' in the US House of Representatives are stabbing us in the back with a new Bill to protect us and our food. If you garden for fun or profit or eat you need to take a look at HR 875 Food Safety Modernization Act of 2009. Besides our own gardens and groves it might even make the one at the White House too costly to maintain or illegal.

While some might argue that discussion of this is OK here I am requesting that comments be sent instead to the political group as I don't see how the one issue (HR 875) can be easily kept from other issues that are more Off Topic.

Take a look at the information I posted at:
http://www.quisqualis.com/FarmAttack875.html

There are only 15 members currently in the political group and not much traffic at all. Join here:
http://groups.yahoo.com/group/RarefruitPol/

Stay as long as you wish. Even if you don't join I urge you to read the information I have posted about HR 875 the Food Safety Modernization Act of 2009 and follow some of the links there to be able to decide for yourself if this is the danger it seems to be to all growers in the USA.

Please only discuss ideas and political actions and not people - the group is not for attacking each other but an attempt at a reasoned discussion of some issues.

Bob
SW Florida USA




I also don’t like on line petitions – most don’t influence anything. There is one for this but I don’t have a link for you to follow. I suggest you call 202-224-3121 and speak with your member in the US House of Representatives. Most of us can make domestic calls fairly cheaply. Ask your Representative not only to read this but also to oppose it. If they are on the co-sponsor list ask them to remove their name.


Farm policy is being made by people who have never even set foot on a farm and have no idea what actually takes to run a farm.


So, what is it? What takes me away from trying to recover from this flu and get my own DVD and other projects moving? HR 875 Food Safety Modernization Act of 2009. You can read the entire thing here:

http://thomas.loc.gov/cgi-bin/query/z?c111:H.R.875:

Although if you read slowly you get a message:
“Please resubmit your search. Search results are only retained for a limited amount of time. Your search results have either been deleted, or the file has been updated with new information.” that forces you to re-follow the original link so you can see the rest of the text. Perhaps the sponsor’s hope that many won’t bother to do so as it is a tedious read and having to repeat the Library of Congress search several times is annoying at the least.

Even if you ignore the unjust burden this places on those who produce our food and the fact that most of it is unconstitutional this will cause more costs and expenses and is against what is currently being done in the name of recovery from our economic problems.

Please, try to read through this and pay special attention to Section 3 (which is the definitions portion of the bill, read this all, slowly) and sections 103, 206 and 207. Read those sections in their entirety if you are only scanning over the rest.

This is a big document that is poorly written at best, vague in areas where it needs to be clear and in direct opposition to the Tenth Amendment of the US Constitution (Amendment X The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.).

Think for a moment how much difficulty some have in interpreting this simple sentence above, or the difficulty some have interpreting the Second amendment and then look at the way H.R.875 reads. If can be defined to mean almost anything the reader wants. I serously doubt that most of the people who will vote on this will even read it through, they will listen to what their fellow Representatives may say and to you IF YOU CALL and make your feelings known. The number is (202) 224-3121

What would this Bill do to a small grower? Suppose I have a large lot, about a half acre. I have 4 fruiting mangosteens, half dozen lychees and a pergola covered with passionfruit and grapes. I am easily defined as a ‘food production facility’ or farm under H.R.875. I don’t even have to sell or give away my fruit to get this designation. I planted these to eat and sell any surplus and now, if H.R.875 is made law. I have to:

Have and maintain food traceability records.
I may also need a HACCP plan (Hazard Analysis Critical Control Point), farmers will be required to do the following in developing a plan for their farming operation:
1. Conduct a hazard analysis (e.g., list the pathogens that could be present in the farming operation);
2. Determine the critical control points (e.g., identify points in the operation where pathogens would most likely be present or could be introduced);
3. Establish critical limits;
4. Establish monitoring procedures;
5. Establish corrective actions;
6. Establish verification procedures;
7. Establish record-keeping and documentation procedures;
8. I give up my right to unreasonable search and seizure; and
9. I will be visited by officials without notice to see that I comply with these provisions.

There is more – it is so vague that you can make almost anything out of it. Even reading it strictly there is a huge burden placed on a ‘food production facility’. This costs and will force me to charge more for my product.

Penalties are provided too, for non-compliance and on the chance someone becomes ill from anything I grow. So, I bow to the requirements of the bill and sell several people lychees. One, a rather dim witted fellow, does not bother to wash his fruit, just puts them against his teeth and cracks the shell while sucking out the insides. (Many eat lychee this way). But he did not wash his fruits and a bird that flew over the trees left a deposit containing Salmonella. I rinsed them off, but there is a sign that clearly says you need to wash and make sure all fruit is clean. He gets ill – my product was adulterated  and contained a “contaminant”. I can be fined up to a million dollars and might spend 5 years in prison. What if Mr. Dimwit dies? Not a pretty prospect, “if the same results in death, the penalty can be up to ten years [Section 401(b)(2)]. In addition, the FSA has expanded authority to seize, detain and condemn food [Section 402(A)(1) & (C)(1)]. Under the FFDCA, FDA could only condemn food pursuant to a court order [21 USC 334(a)]; the bill gives FSA the power to condemn food without having to resort to the judicial process.”

What is wrong with this Bill? It seems that most subjects are addressed well on the Internet and the people at The Farm-to-Consumer legal Defense Fund cover the negative affects of this proposed legislation at:
http://www.ftcldf.org/news/news-02mar2009.htm

This blog is also worth reading:
http://aaaletawomanlearn.blogspot.com/2009/03/criminalization-of-organic-farms-hr875.html

The worst points of HR 875 may be summed up as follows: HR 875

Legally binds state agriculture departments to enforcing federal guidelines effectively taking away the states power to do anything other than being food police for the federal dept.

Effectively criminalizes organic farming but doesn’t actually use the word organic.

Affects anyone growing food even if they are not selling it but consuming it.

Affects anyone producing meat of any kind including wild game.

If they don’t have to resort to the judicial process then you are not protected by it.

Legislation is so broad based that every aspect of growing or producing food can be made illegal. There are no specifics, which is bizarre considering how long the legislation is.

Since the Federal authorities have already decided that GMO is perfectly safe - Expect to see labels and PL codes that designate GMO foods removed - you will never know what might have been done to your foods. No more choice for you.


Section 103 is almost entirely about the administrative aspect of the legislation. It will allow the appointing of officials from the factory farming corporations and lobbyists and classify them as experts and allow them to determine and interpret the legislation. Who do you think they are going to side with?

Section 206 defines what will be considered a food production facility and what will be enforced up all food production facilities. The wording is so broad based that a backyard gardener could be fined, even jailed.

Sections 207 requires that the state’s agriculture dept act as the food police and enforce the federal requirements. This takes away the states power and is clearly in violation of the 10th amendment of the US Constitution.

As of this writing the following Representatives are signed onto HR 875 (and I am saddened to see names from my home State of Florida):

Sponsor: Rep DeLauro, Rosa L. CT {DEM} Look her up - See the connection she has to Monsanto!


39 cosponsors –
Rep Berkley, Shelley NV {DEM}
Rep Bishop, Sanford D., Jr. GA {DEM}
Rep Bishop, Timothy H. NY {DEM}
Rep Carson, Andre IN {DEM}
Rep Castor, Kathy FL {DEM}
Rep Courtney, Joe CT {DEM}
Rep DeFazio, Peter A. OR {DEM}
Rep DeGette, Diana CO {DEM}
Rep Engel, Eliot L. NY {DEM}
Rep Eshoo, Anna G. CA {DEM}
Rep Farr, Sam CA {DEM}
Rep Filner, Bob CA {DEM}
Rep Giffords, Gabrielle AZ {DEM}
Rep Grijalva, Raul M. AZ {DEM}
Rep Hall, John J. NY {DEM}
Rep Hinchey, Maurice D. NY {DEM}
Rep Hirono, Mazie K. HI {DEM}
Rep Johnson, Eddie Bernice TX {DEM}
Rep Kaptur, Marcy OH {DEM}
Rep Lee, Barbara CA {DEM}
Rep Lowey, Nita M. NY {DEM}
Rep McCollum, Betty MN {DEM}
Rep McDermott, Jim WA {DEM}
Rep McGovern, James P. MA {DEM}
Rep Moore, Gwen WI {DEM}
Rep Murphy, Christopher S. CT {DEM}
Rep Nadler, Jerrold NY {DEM}
Rep Norton, Eleanor Holmes DC {DEM}
Rep Pingree, Chellie ME {DEM}
Rep Ryan, Tim OH {DEM}
Rep Sanchez, Linda T. CA {DEM}
Rep Schakowsky, Janice D. IL {DEM}
Rep Schauer, Mark H. MI {DEM}
Rep Slaughter, Louise McIntosh NY {DEM}
Rep Stark, Fortney Pete CA {DEM}
Rep Sutton, Betty OH {DEM}
Rep Tierney, John F. MA {DEM}
Rep Wasserman Schultz, Debbie FL {DEM}
Rep Wexler, Robert FL {DEM}

You don’t have to take my word that this is against the Constitution, read it yourself:

http://64.203.107.114/histdocs/constitution/

http://64.203.107.114/histdocs/constitution/bill_of_rights.asp

http://64.203.107.114/histdocs/constitution/amendments.asp

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