Could the Food Safety Modernization Act of 2009 be the End to Farmers’ Markets and Organic Farms?
As spring is in the air (when the north wind does not blow), I have begun longing for the good times my children and I have at the local farmers’ market and contemplating our participation as vendors this year. I can’t tell you how much we look forward to our weekly adventures at the farmers’ market, and how excited we are if we happen to visit a neighboring town on the day of their market; however, that could all change.
H.R. 875: Food Safety Modernization Act of 2009 could end farmers’ markets as we know it by requiring growers to register, be subject to inspections of their gardens by federal agents, and maintain safety records related to food production or face large fines.
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The Food Safety Modernization Act of 2009 reminds of the Consumer Product Safety Information Act (CPSIA) in the sense that is responding to recalls (salmonella in peanut butter/lead in toys) that needs addressing; however, the people responsible for providing consumers with safe products are inadvertently targeted. I feel much safer knowing the people and gardens my food comes from rather than some multinational food corporation providing produce in the supermarket.
Under H.R. 875, all participants in farmers’ markets will be forced to register, otherwise the market will be shut down as an illegal operation. Failure to comply with the Food Safety Modernization Act of 2009 would result in a fine of up to $1,000,000 per violation. Specifically, the law would apply to any food establishment, including farmers’ markets, defined as:
(A) IN GENERAL- The term ‘food establishment’ means a slaughterhouse (except those regulated under the Federal Meat Inspection Act or the Poultry Products Inspection Act), factory, warehouse, or facility owned or operated by a person located in any State that processes food or a facility that holds, stores, or transports food or food ingredients.
Just like small family handmade toy companies can’t afford the requirements under CPSIA, the extra requirements and inspections required of small family farms under the Food Safety Modernization Act of 2009 would be a burden. I believe this bill is well intentioned; however, some critics have gone so far as to say the bill criminalizes organic farming. Ironically, or not so ironically, the bill was introduced by Rosa DeLauro whose husband Stanley Greenburg works for Monsanto. OpEdNews explains why this is Monsanto’s dream bill:
The bill is monstrous on level after level - the power it would give to Monsanto, the criminalization of seed banking, the prison terms and confiscatory fines for farmers, the 24 hours GPS tracking of their animals, the easements on their property to allow for warrantless government entry, the stripping away of their property rights, the imposition by the filthy, greedy industrial side of anti-farming international “industrial” standards to independent farms - the only part of our food system that still works, the planned elimination of farmers through all these means.
The full text of the Food Safety Modernization Act of 2009 reveals its well intentions, like protecting us from food grown abroad, and its favoritism towards agribusiness. While Ron Paul is trying to give consumers choice by legalizing interstate raw milk sales, other members of Congress are trying to outlaw small organic farms. We need to stand up for our local family farms!
thanks, Clifton, for clarifying.
I read the sections that Clifton C. Moore posted, albeit from the bill itself not the link he provided, and it only confirms what is being reported. Nice try buddy.
Link to the details of the bill http://www.govtrack.us/congress/billtext.xpd?bill=h111-875
How can we take more chances of slowly boiling to death in the gradually warming pot?? We can not allow Monsanto-driven food legislation to pass into law… Monsanto/huge agri-business corporations/et al, along with the FDA are already filling us up on lead in our lipstick, mercury in our highfructose corn syrup, and irradiation 7 million times higher than is used in a chest x-ray, to kill salmonella on raw chicken… and this lovely strerlization process is now labeled ‘cold pasturization’, so you won’t be afraid to consume it. We must not sit back and say that HR875 is a reasonable bill; write and phone your state representatives and tell them you want HR 875 withdrawn from the floors of Congress. The vague language allows for the criminalization of ANY food grower, at the whim of a corrupt corporate-driven agency. The powermongers are doing every thing they can to ensure we can not support ourselves without their poisonious “foodlike” substances. GET MAD AND TAKE ACTION TO SAVE YOURSELVES!!!! GOING DOWN WITHOUT A FIGHT IS NOT AN OPTION!!!!
There is obfuscating language in this bill designed to confuse and redirect your attention to thinking by implication rather than specification. This is cleverly illustrated using the words “include(s)”, “exclude(s)” and custom definitions. So let’s take a look at an example.
(a) In General- Any food establishment or foreign food establishment engaged in manufacturing, processing, packing, or holding food for consumption in the United States shall register annually with the Administrator.
Notice that annual registration is limited to a Food Establishment or foreign food establishment. One cannot imply that this extends beyond these two entities as defined in the definitions section and only those that engage in manufacturing, processing, packing or holding food for consumption.
Before I get to what is a Food Establishment or foreign food establishment, let me give you an example of the use of include and typical efforts employed to muddy the waters.
To start with we must recognize that if a word is meant to be understood as having its common meaning, there is no need to define it at all. It is axiomatic that if a word is explicitly defined, it has a restricted meaning. If language such as the term “Fruit” is used and defined as “includes, apples, oranges, and pears”, it can only be understood as restricting the definition to those things listed, or no definition would be required; the word “fruit” would be understood to include apples, oranges and pears, as well as all other fruits. If the word “common” is left out of the definition, then the things used in the definition are what establish the class to which belong, and as the word is being deliberately defined, the common meaning of the word must be excluded.
Under the definitions section:
(13) FOOD ESTABLISHMENT-
(A) IN GENERAL- The term ‘food establishment’ means a slaughterhouse (except those regulated under the Federal Meat Inspection Act or the Poultry Products Inspection Act), factory, warehouse, or facility owned or operated by a person located in any State that processes food or a facility that holds, stores, or transports food or food ingredients.
(B) EXCLUSIONS- For the purposes of registration, the term ‘food establishment’ does not include a food production facility as defined in paragraph (14), restaurant, other retail food establishment, nonprofit food establishment in which food is prepared for or served directly to the consumer, or fishing vessel (other than a fishing vessel engaged in processing, as that term is defined in section 123.3 of title 21, Code of Federal Regulations).
(14) FOOD PRODUCTION FACILITY- The term ‘food production facility’ means any farm, ranch, orchard, vineyard, aquaculture facility, or confined animal-feeding operation.
So a Food Establishment is not a farm, ranch, orchard, vineyard, aquaculture facility, confined animal-feeding operation. This is a custom definition, is specific and no other implications can be drawn as meaning something else. Note that farm, ranch …. since not custom defined, have a common definition without exclusion or inclusion. I do not have cites to their common definition.
In addition to the above, a Food Establishment is not a resturant, retail food establishment, nonprofit food establishment or fishing vessel (as limited in definition to section 123.3 of title 21 of CFR). Again, resturant, retail food establishment …. have a common definition without exclusion or inclusion.
There is a specific class of actions as custom defined by ‘Process’, all of them being Commercial.
(19) PROCESS- The term ‘process’ or ‘processing’ means the commercial slaughter, packing, preparation, or manufacture of food.
Note this means Commercial slaughter, commercial packing, commercial preparation, commercial manufacture of food.
There is another specific class of actions not defined but listed as holds, stores, or transports. Common definitions apply here.
Also, there is a geographical constraint that limits this to any State. What is a State?
(20) STATE- The term ‘State’ means–
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico; and
(D) any other territory or possession of the United States.
This is important since we move to the only other entity required to register annually, a foreign food establishment.
(16) FOREIGN FOOD ESTABLISHMENT- The term ‘foreign food establishment’ means any category 1 through 5 food establishment or food production facility located outside the United States that processes or produces food or food ingredients for consumption in the United States.
Look at what has happened here. The Food Establishment custom definition does not apply since the location is specific and “located outside the United States” and does not fall within the confines of a ‘State’. Therefore the exclusions of “(14) Food Production Facility” do not apply.
This makes this particular entity far more reaching than the restrictive entity of a “Food Establishment” located in a ‘State’.
What does all this mean?
If you do not fall under the custom definition of a “Food Establishment” you are not required to register. If you are not required to register then there is no categorization of you as a Category 1 thru 5, you can’t be assigned a registration number, there is no inspection, monitoring, or reporting requirements. This is however not a statement that you are not obligated to practice good health standards.
where is the wording in the bill that requires this?!
has anyone actually seen it? seems like some radical conjectures this hidden agenda and every good intentioned industry supported has taken it as fact.
if it’s really in the bill, you’d think some online posts about it would reference where it is in the bill.
i’m not in favor of industrialized farming in the least, but i’d like some proof before signing a petition or adding my voice to the rabble.
if you’re going to participate, be responsible people!
check out huffingtonpost.com’s address of the concern
[...] of what is happening. Learn more about the “Food Safety and Modernization Act (Bill HR 875) here: Could the Food Safety Modernization Act of 2009 be the End to Farmers’ Markets and Organic Far… This is really important that we care enough to act against this biological and chemical warfare. [...]
You’re an idiot. There is nothing well-intentioned in this bill and you should be ashamed for even implying such a farce. And protecting us from food grown abroad? What the hell? You scared little chicken$hit. Grow up. Protect the farmer? This is about everyone, not the farmer.
I’ve oviously got quite a bit of legalese to wade through before I have my own answers about all of this… But I am wary. Monsanto have NO ONE’s interests at heart but their own. Their involvement, even mercurial, raises the hairs on my neck- And ADM are friggin’ evil. Rule Number One- If big companies say it will help- it will hurt people nine times out of ten.
At the same time I am sanguine. If they ban organic seeds ( I think not) we’ll all buy what’s left before the enforcement begins. Plus, the day someone tries to jail me for growing a pesticide-free onion is going to be a day with much violence and mess. I welcome the Vegetable Police with the same attitude of defiance I would greet the Church Police with.
Outrage sounds exciting and makes you look important, but- I think a lot more READING of WORDS (yes, I know it’s hard but it’s how we learn) and less posturing is a good idea for everyone. Let’s make sure we’re all not just waving frantic hands at a new outrage because we’re bored with Iraq or whatever. Research, Learning, Thinking, Action- It’s a plan that works well for monkeys when they try it.
Finally- What is all this political crap about? Obama this and I told you so and you get what you deserve. IF YOU STILL BELIEVE THAT ONE PARTY IS ‘GOOD’ AND THE OTHER PARTY IS ‘BAD’, YOU’RE ONLY PROVING THAT WE HAVE TOO MANY IDIOTS IN THIS COUNTRY (that’s the REAL conspiracy). Everyone in a position of power dances to the tune of the biggest corporation- Which is why we’re all poor now. Come up with a new model or fight the system as it stands.
Keep focused on the issue.
Write your representatives- A lot.
Remain vigilant and ACT instead of talk when the time is right.
And BEWARE of what you read. There are plenty of ignorant windbags willing to stir up a panic over anything- Example: Rush Limbaugh says backyard gardens are a sign of Socialism! Is he a pill-popping imbecile? Yes. But it does explain my Leon Trotsky scarecrow and my love of RED peppers.
[...] has been a lot of fear and hysteria surrounding the Food Safety Modernization Act (HR 875) coming from small growers, organic gardeners, and organic consumers alike. HR 875 was [...]
[...] could possibly go [...]