The HR 875 Food Safety Modernization Act Scare

(Cross-posted at Growing the Garden)

You may have heard the scare stories about the bill before Congress: HR 875, the Food Safety Modernization Act. I came across a good post at the Secret Farm blog, Secret Farm: A garden blog: HR 875 the Food Safety Modernization Act of 2009

As many of you out there are aware by now, there is a bill that has been introduced to Congress called HR 875 Food Safety Modernization Act of 2009 . I have seen a number of twitters and blog posts about it, as well as articles and discussions. I was all set to write a very different post about this issue until I came across this post at Crooks and Liars.com in my search:

http://crooksandliars.com/nonny-mouse/monsanto-and-hr-875-take-two

Read the post at Secret Farm.

So I followed the link to Crooks & Liars for more information. From the post there:

To set the record straight:

There is no language in HR 875 that would regulate, penalize, or shut down backyard gardens or 'criminalize' gardeners; the bill focuses on ensuring the safety of food in interstate commerce.

Farmer's markets would not be regulated, fined, or shut down, and would, in fact, benefit from strict safety standards applied to imported food to ensure that unsafe imported food doesn't compete with locally grown produce.

The bill would not prohibit or interfere with organic farming, or mandate the use of any chemicals or types of seeds. The National Organic Program (NOP) is under the jurisdiction of the USDA. HR 875 addresses food safety issues and falls under the jurisdiction of the FDA.

Monsanto and any other large agribusiness company had no part whatsoever in drafting this bill, and Rep. DeLauro's husband and his company do no lobbying on this issue.

HR 875 has nothing to do with any national animal ID system, which would fall under the jurisdiction of the USDA, and not the FDA.

So I looked around the web and found some other sources, explaining that the hysteria is unwarranted.

Food and Water Watch, Background on H.R. 875

Here are a few things that H.R. 875 does NOT do:

* It does not cover foods regulated by the USDA (beef, pork, poultry, lamb, catfish.)
* It does not establish a mandatory animal identification system.
* It does not regulate backyard gardens.
* It does not regulate seed.
* It does not call for new regulations for farmers markets or direct marketing arrangements.
* It does not apply to food that does not enter interstate commerce (food that is sold across state lines).
* It does not mandate any specific type of traceability for FDA-regulated foods (the bill does instruct a new food safety agency to improve traceability of foods, but specifically says that recordkeeping can be done electronically or on paper).

The Slow Food USA Blog, in H.R. 875 links to a few trusted sources saying this bill does not do the scary things that the emails and blogs claim.

So don't be afraid. Don't be very afraid.

(Original is at Growing the Garden)

Comments

[dmay]

Read the bill - THINK for yourself.

[Theyrelyingagain]

Papa Smuref,
I couldn't have said it better myself. It's obvious what they are trying to do. I have bought seeds thinking that food prices especially vegegables and staples are going to skyrocket in price or buying unmodified foods will become scarce. They are steps ahead of us on that one. Their aim is total food control. And they can't have that if we become self sufficient.

[PapaSmurerf]

(continued)

This is how private gardens can get roped into being subject under FSA purview. By the above interpretation, since you're growing more of your own food in a garden for yourself, you're affecting 'interstate commerce' by not buying as much food from your 'interstate' supplied grocer, lowering demand and thereby depressing 'interstate' prices. Multiply that by a million people, and golly gee, big agriculture could whine to government about lost market share!

Raising a garden in this environment, you risk being at fault for having overtly done nothing but try to feed yourself by growing your own food!

These bills (hr-845 & s-425) are not so benign in their reach as you might think, especially in light of this dark spirit of judicial interpretation.

So now we know the real reason why the shoemaker's kids went barefoot, the government made it illegal for them to wear shoes their father made.
-----

"What, you're against food safety?"

Not at all. I sell at farmers markets but at the rate NAIS is going and if FSA becomes law, I might not be able to eventually. Only big ag could afford the lawyers or the fines that would be imposed.

But I am quite opposed to tyranny in all its guises.
-----

"Control oil and you control nations; control food and you control the people."
~ Henry Kissinger, 1970

[PapaSmurerf]

ReadTheAct you make a good point re: interstate commerce as there is precedent concerning it.

Will this bill (HR-875) regulate private gardens?

Not explicitly but review & consider Wickard v. Filburn, 317 U.S. 111 (1942), a United States Supreme Court decision interpreting the Commerce Clause. Under this decision a farmer growing wheat for himself with no intention to sell it at market was deemed in violation under this interpretation.

wiki - "Farmer Roscoe Filburn argued that since the excess wheat he produced was intended solely for home consumption it could not be regulated through the interstate Commerce Clause. The Supreme Court rejected this argument, reasoning that if Filburn had not used home-grown wheat he would have had to buy wheat on the open market. This effect on interstate commerce, the Court reasoned, may not be substantial from the actions of Filburn alone but through the cumulative actions of thousands of other farmers just like Filburn its effect would certainly become substantial. Therefore Congress could regulate wholly intrastate, non-commercial activity if such activity, viewed in the aggregate, would have a substantial effect on interstate commerce, even if the individual effects are trivial."

Therefore, according to SCOTUS, Roscoe Filburn was not at liberty to freely provide for himself at his own discretion, but to be 'legal' as regards interstate commerce, had to go to the 'open market' and purchase what he was entirely capable of growing for himself more cheaply.

(tbc)

[Theyrelyingagain]

Wait!
Are you asking me to believe that although Cheney and the head of the FDA under Bush were both hi ups in Monsanto (yeah, they resigned those dollars alright) and that the author of this bill Rep. Rosa DeLauro (D –CT), husband once had dealings with Monsanto I don't care how remote you try to make it or how a decade passed. That I should ignore all of this and go with the "they aren't trying to hurt you" flow?

Break it to me, play it again Sam, only this time try to make me believe it. There have been stranger bedfellows yanno. Congress is sleeping with the bankers aren't they? And did that work out well for us? This isn't going to either.

Of course they are going to deny it. What...Did we think they were going to come out with a "The gig is up statement!?

[Glenn Grossman]

There may be many folks out there who are screaming bloody murder from an extreme point of view, but it always takes the radicals to stir up enough controversy about an issue for that issue to get the sort of attention and interest that it deserves. The legislation as written is insufficient and ambiguous. People should be suspicious and upset about this legislation as it is currently written. It would be unfortunate if no one paid any attention to the potentially dangerous and destructive wording of SR 725, HR 758, HR 814, and HR 875.

The fact that Rep. DeLauro is “shocked” that people have taken notice of her piece of ambiguous and questionable legislation should be a wake up for our nation that our politicrats are expecting us to continue being sheep. There is nothing wrong with the American public demanding greater transparency and a much more well-defined bill to be set on Obama’s desk once the legislative process is complete. When politician’s don’t hear from anyone but corporate lobbyists, lawyers, and special interest groups is when the legislative process goes awry. Kudos to the radicals and the misinformed public for asking questions and demanding clarification...if even they are “inflammatory” or “hysterical”.

Here’s an aspect of HR 875 not mentioned by the brain trusts calling for more orderly conduct.

http://www.opednews.com/articles/Seeds--How-to-criminalize-by-Linn-Cohen-Cole-090319-579.html

Be afraid, but don't be afraid to do something about it...

[quiviran]

but it's the Gummint! They must be lying!!

[Imabachi]

Why would anyone knowledgeable of corporate practices believe that they and their ilk won't do everything possible to stifle, destroy, gut, annihilate, organic farms, seed savers, and farmers markets is living in fantasy land. Google Percy Schmeiser and read about what Monsanto did to him. They are absolutely ruthless.
I witnessed their ruthlessness in 2004 when, on the occasion of their first World Food Forum, they caused to be arrested those who'd gathered in St. Louis to protest. The St. Louis police, obviously at Monsanto's behest, raided the Green Party headquarters, then being rehabilitated, and found "weapons" (nails, screws, hammers, saws, screwdrivers) they claimed the Greens were stockpiling for the protest. The Greens, at the time, were in fact hosting a an opposition Biodevastation /GMO forum at Forest Park Community College, St Louis.

[James Cook]

Part #2:

Ask yourself this spooky question why was this raid not reported all over the news and only bloggers have really picked up the story and helped to get the word out????? Because by in large the major news media only tells you the things it wants you to know about they will help pump fear all day but when it comes to a story like this which might just ignite a movement they will stay clear away from this...Since I am a student of manifestation and believe we create our own reality literally I will not say to be afraid but I will say pay attention and question everything and lastly get involved in anyway you can.

[citizen442]

Oh yes and here is where you can read the act:
http://www.govtrack.us/congress/billtext.xpd?bill=h111-875

It does in fact propose to take all power over food production or sale from the FDA and give it to the new Food Safety. it also puts the USDA under this new agency. It also cover the growth, slaughter, and sale of beef, pork, and poultry. In fact at least 75% of the text of the act deals with these animals.

If you are interested in this issue I recommend reading it yourself, although the legal language use is often misleading and confusing at fist.

[citizen442]

I would like to comment on this issue. I did write another post which was not shown, but I would like to add some things that are not in this bill which have been rumored. There is no mention of seeds or the home gardener in this act. The definitions section does clearly state that production and processing refers to only commercial organizations. If you are growing food or animals for yourself this act will not effect you in any way.

[Snowpath]

"the Pennsylvania Association for Sustainable Agriculture (PASA) offered their analyses. They believe this and companion bills are vehicles to let agribusiness control the entire US food supply, destroy independent local farming, and end the production of healthy organic food. ".....

"Linn Cohen-Cole calls HR 875 "monstrous on level after level - the power it would give to Monsanto (and other Ag giants), the criminalization of seed banking, the prison terms and confiscatory fines for farmers, the 24 hour GPS tracking of animals, the easement on their property to allow for warrantless government entry, the stripping away of their property rights, the imposition (of) "industrial" standards, (and) planned elimination of (independent) farmers through all (the above) means."

"PASA says don't be fooled by the bill's deceptive language that hides its true intentions. Code words like "traceability, source verification, and best farming practices with proven scientific results" will force farmers to tag every animal (the requirement for industrial farms is one per 800,000) and use drugs, pesticides and GM seeds."

http://rense.com/general85/gmo.htm

[ReadTheAct]

I am confused. Your article states with respect to HR 875 that, "It does not call for new regulations for farmers markets or direct marketing arrangements," and, "It does not apply to food that does not enter interstate commerce (food that is sold across state lines)." If this the case, then why does the Act contain Section 406. Presumption, which states, "In any action to enforce the requirements of the food safety law, the connection with interstate commerce required for jurisdiction shall be presumed to exist." Does this mean that all commerce is presumed to be under the jurisdiction of this Act even if it is only intrastate commerce?

[clevelandchick]

Thank you for this post. I am a community garderner and have received several of the scare-type e-mails you mention from friends & fellow gardeners: the government isn't going to let us buy seeds, save or swap seeds, we have to buy 'franken-seed' from Monsanto etc.

I really didn't trust that we were getting the whole truth but had it in the back of my mind to buy out all of the seeds at the garden store when they went on sale in June.....just in case;) You saved me some money.