Is this really necessary? S 510 Food Safety Modernization Act

Modelworks

Lifer
Feb 22, 2007
16,240
7
76
I'm starting to wonder about the conspiracy nuts and if they might be right. Food under the department of Homeland Security ? WTF ?
 
Oct 16, 1999
10,490
4
0
This has the sweet, sweet smell of "ode de death panelz" coming off of it.

SEC. 206. FOOD PRODUCTION FACILITIES.

(a) Authorities- In carrying out the duties of the Administrator and the purposes of this Act, the Administrator shall have the authority, with respect to food production facilities, to–

(1) visit and inspect food production facilities in the United States and in foreign countries to determine if they are operating in compliance with the requirements of the food safety law;

(2) review food safety records as required to be kept by the Administrator under section 210 and for other food safety purposes;

(3) set good practice standards to protect the public and animal health and promote food safety;

(4) conduct monitoring and surveillance of animals, plants, products, or the environment, as appropriate;

(5) collect and maintain information relevant to public health and farm practices.

(b) Inspection of Records- A food production facility shall permit the Administrator upon presentation of appropriate credentials and at reasonable times and in a reasonable manner, to have access to and ability to copy all records maintained by or on behalf of such food production establishment in any format (including paper or electronic) and at any location, that are necessary to assist the Administrator–

(1) to determine whether the food is contaminated, adulterated, or otherwise not in compliance with the food safety law; or

(2) to track the food in commerce.

(c) Regulations- Not later than 1 year after the date of the enactment of this Act, the Administrator, in consultation with the Secretary of Agriculture and representatives of State departments of agriculture, shall promulgate regulations to establish science-based minimum standards for the safe production of food by food production facilities. Such regulations shall–

(1) consider all relevant hazards, including those occurring naturally,and those that may be unintentionally or intentionally introduced;

(2) require each food production facility to have a written food safety plan that describes the likely hazards and preventive controls implemented to address those hazards;

(3) include with respect to growing, harvesting, sorting, and storage operations, minimum standards related to fertilizer use, nutrients, hygiene, packaging, temperature controls, animal encroachment… and water…

OMG, think of the seedz!!1!

And here's an opposing opinion from a source a little more legitimate:
http://www.nytimes.com/2010/07/25/opinion/25schlosser.html
 
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Zebo

Elite Member
Jul 29, 2001
39,398
19
81
So what's the point of this? The only thing I can come up with is this bill was completely funded by lobbyists in order to give a middle finger to small growers. I can't believe this kind of shit is even up on the table. Can't save your own seeds? Can't grow in your own garden? Lol @ me for ever thinking we were a free people in my life time.

http://www.naturalnews.com/030418_Food_Safety_Modernization_Act_seeds.html

Big agra already does this civilly to small farmers who own seed strippers by suing them until they buy Monsanto or Cargill seeds. In court, It's not whos right or wrong it's who's got the $ to prove they are right. Monsanto does, in debt farmers don't and quit. Better to have Feds work for these corps though. Better for bottom line.

http://www.google.com/search?q=farm...s=org.mozilla:en-US:official&client=firefox-a
 

Fern

Elite Member
Sep 30, 2003
26,907
173
106
This has the sweet, sweet smell of "ode de death panelz" coming off of it.

OMG, think of the seedz!!1!

I don't think so. I see a lot of people with concerns that may very well be valid.

The bill is very broadly written. This is an opportunity for far reaching gov power depending on how they interpret and enforce it.

I don't think that's ever a good idea.

And here's an opposing opinion from a source a little more legitimate:
http://www.nytimes.com/2010/07/25/opinion/25schlosser.html

I don't see where your source does anything to refute those raising conccerns, the author didn't even try to. In fact, the author notes that the language in the bill can still be corrected.

Fern
 
Oct 16, 1999
10,490
4
0
I posted the language in the bill. It's sourced from the OP's link. It's prefaced by "Let's use our imagination.." before they attribute all the nefariousness to it. And that's exactly what they're doing. If there is something specific in the bill to get riled up over by all means post it. Validate those "valid concerns," don't just perpetuate FUD.
 

Fern

Elite Member
Sep 30, 2003
26,907
173
106
I posted the language in the bill. It's sourced from the OP's link. It's prefaced by "Let's use our imagination.." before they attribute all the nefariousness to it. And that's exactly what they're doing. If there is something specific in the bill to get riled up over by all means post it. Validate those "valid concerns," don't just perpetuate FUD.

The bill, as written, lacks any language whatsoever limiting the scope of the government's authority.

And there is absolutely nothing wrong with "using our imagination" when considering the language in a bill. In fact, that is what should be done. It is a useful/helpful process in identifying when a bill should have more detailed language to ensure it's intent is clearly stated.

Once a (vague) bill likes this passes, and I can guarantee you this, someone (a government employee, or maybe a judge) will be using their imagination in interpreting the meaning (scope) of this thing. There's no way around it, and we see this all time. Take tax law for example, a vague law means different interpretations by different people that results in the courts doing their best to settle it.

But in the case of this bill, there is no expressed limit on the scope of this authority, and I highly doubt a judge would find any given the absense of any expressed by Congress.

So yes, small (organic) farmers should be concerned.

Fern
 

LumbergTech

Diamond Member
Sep 15, 2005
3,622
1
0
The bill, as written, lacks any language whatsoever limiting the scope of the government's authority.

And there is absolutely nothing wrong with "using our imagination" when considering the language in a bill. In fact, that is what should be done. It is a useful/helpful process in identifying when a bill should have more detailed language to ensure it's intent is clearly stated.

Once a (vague) bill likes this passes, and I can guarantee you this, someone (a government employee, or maybe a judge) will be using their imagination in interpreting the meaning (scope) of this thing. There's no way around it, and we see this all time. Take tax law for example, a vague law means different interpretations by different people that results in the courts doing their best to settle it.

But in the case of this bill, there is no expressed limit on the scope of this authority, and I highly doubt a judge would find any given the absense of any expressed by Congress.

So yes, small (organic) farmers should be concerned.

Fern

in other words you got nothin

if you have something meaningful to say then say it
 

sandorski

No Lifer
Oct 10, 1999
70,131
5,658
126
in other words you got nothin

if you have something meaningful to say then say it

Indeed.

I hear they are going to bring a new Bill regarding Murder...

...some Blog on the Internet: OMG People! The Government will beat down your door for killing a House Fly in your own HOME!!!!!! D:
 

ElFenix

Elite Member
Super Moderator
Mar 20, 2000
102,426
8,388
126
Can't grow in your own garden?

that's been subject to congressional oversight since the courts decided that growing corn for your own consumption was interstate commerce, despite being neither interstate nor commerce.

i wonder if this thing could end up being like the toy laws, where small producers were subject to expensive government tests while the people actually importing lead filled toys get to self-police.
 
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sMiLeYz

Platinum Member
Feb 3, 2003
2,696
0
76
All for this bill, i got food poisoning from eating fresh eggs the other month just as I happen to hear about an nationwide egg recall.
 

FuzzyBee

Diamond Member
Jan 22, 2000
5,172
1
81
Wait - are people here really in favor of bills that are so broad-reaching that they're actually undefined?
 

Fern

Elite Member
Sep 30, 2003
26,907
173
106
in other words you got nothin

if you have something meaningful to say then say it

WTF?

You can't read?

Look, I deal professionally with this sort of thing.

1. As has been stated, and demonstrated, there is no limit to the scope of the government's authority in this bill.

2. The detail's (presumably) will be issued in the future in the form of regulations. Because of how this is written it's looks like those regulations will be deemed to be "statutory regulations".

3. Statutory regulations are damned near impossible to fight in court. It requires that one must prove the statutory regulations are in conflict with the intent of Congress. Since there is no intent as regards this bill, so far, expressed by Congress, one cannot prevail in court.

4. On general principle alone we should not support proposed legislation which does not define the scope. Scope creep or mission creep, has proven to be inevitable.

So yes, small farmer should be highly concerned, particulalry given big agribusiness' lobbying influence in Congress.

Fern
 

waggy

No Lifer
Dec 14, 2000
68,145
10
81
all the arguments remind me of something..oh eyah the CPSIA they did. that turned out wonderful..
 

Anarchist420

Diamond Member
Feb 13, 2010
8,645
0
76
www.facebook.com
I already emailed my Democrat Senators about this urging them not to vote for it, with a sliver of hope that they won't vote for it.

This is basically going to criminalize the selling of raw milk and make it so the FDA can raid privately owned farms at any time. It's going to raise the prices of food and cartelize the food industry.

Read this about the fascist S510.
http://www.campaignforliberty.com/blog.php?view=39421
 

Brigandier

Diamond Member
Feb 12, 2008
4,395
2
81
I already emailed my Democrat Senators about this urging them not to vote for it, with a sliver of hope that they won't vote for it.

This is basically going to criminalize the selling of raw milk and make it so the FDA can raid privately owned farms at any time. It's going to raise the prices of food and cartelize the food industry.

Read this about the fascist S510.
http://www.campaignforliberty.com/blog.php?view=39421

Just stop.

No one wants to hear your anti-American spin. The farmers are responsible for the safety of the product, and if more testing, more expensive testing, is required then so be it. If a farmer can't afford it, he shouldn't be in business in the first place.
 

Hayabusa Rider

Admin Emeritus & Elite Member
Jan 26, 2000
50,879
4,266
126
Just stop.

No one wants to hear your anti-American spin. The farmers are responsible for the safety of the product, and if more testing, more expensive testing, is required then so be it. If a farmer can't afford it, he shouldn't be in business in the first place.

And you so love the FDA and their policies don't you?
 

drebo

Diamond Member
Feb 24, 2006
7,035
1
81
God yes, I doubt I would have lived this long if not for them.

Right, because a farmer or supermarket would have gotten REAL far by selling goods that killed people.

THE GUBMENT HAZ TO SAFE ME FRUM TEH EVRYTINGZ!
 

dammitgibs

Senior member
Jan 31, 2009
477
0
0
Relax everyone, it's for your own good, they're from the government and they're here to help us.
 

1prophet

Diamond Member
Aug 17, 2005
5,313
534
126
Just stop.

No one wants to hear your anti-American spin. The farmers are responsible for the safety of the product, and if more testing, more expensive testing, is required then so be it. If a farmer can't afford it, he shouldn't be in business in the first place.


If the testing causes big farmers to lose profit stop the testing.

http://www.msnbc.msn.com/id/18924801/

Corporate farmers with political power and a centralized food supply is what you would have left if the smaller farmers are driven out, the worst thing for food safety.


http://sanfranciscobayareatoday.org/new-study-shows-fda-and-usda-swayed-by-big-business/3505/
New Study Shows FDA and USDA Swayed by Big Business



A new study released last week by the Union of Concerned Scientists (UCS) shows that public health has been imperiled by inappropriate corporate influence on the FDA and USDA.
The report cited the salmonella breakout in August as an example where eggs from two Iowa farms were linked to 1,400 salmonella poisoning cases.
The study findings are the result of a survey done on 1700 FDA (Food and Drug Administration) and USDA (US Department of Agriculture) employees. A survey was sent out to FDA and USDA food safety scientists and investigators. Hundreds of the respondents said that influence from corporations is a major problem.

  • 38% felt that “public health has been harmed by agency practices that defer to business interests.”
  • 27% said that in the past year they had experienced “instances where public health has been harmed by businesses withholding food safety information from agency investigators.”
  • 25% said they personally witnessed agency policies or actions modified or withdrawn due to coercion from corporations.
  • 24% said the same about Congress
The food safety survey – “Driving the Fox from the Henhouse” – was prepared for the UCS by JM Larson and SM Nusser. They are part of the Center for Survey Statistics and Methodology of the Iowa State University.
The UCS is a U.S. science-based nonprofit organization working for a healthy environment and a safer world. It was founded in 1969 and is headquartered in Cambridge, Massachusetts with offices in Berkeley, Chicago and Washington, D.C.
A decentralized local first food supply is far more effective in preventing and stopping health problems than a few centralized businesses that can use their political muscle to override regulations and have the ability to cause mass pandemic.
 
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