What We Have to Look Forward to under S510

The following article illustrates what will be happening at an ever more alarming rate with food as the Food Destruction Agency (FDA) receives more authority under Senate Bill 510 which passed today in a slam dunk fashion......These are real people with real lives, not some Hollywood screenplay. The destruction of livelihood has serious effects. Don't delude yourself. This can happen to you, too. Especially if you have products that actually are healthful. We cannot prosper under this regime.

Daniel Chapter One Bound and Gagged

By: Tricia Feijo

Source: Liberty News Radio

11/29/2010


We cannot believe that the Federal judges who ordered Daniel Chapter One to comply with the FTC Order have read it, let alone studied the case. The FTC Order is an egregious afront to our unalienable rights under God as protected by the U.S. Constitution.

The Order goes way beyond advertising/marketing, and infringes on our right to free speech in any realm. THIS IS HIGHLY UN-NATURAL. Imagine a friend asks a question of you, to which you have the answer, but you must say "I am not allowed to tell you." (What country are we in?!) The Lord gave us a healing ministry which we have devoted ourselves to for 27 years, and the U.S. Federal government has recently ordered us to stop.

Daniel Chapter One has never been charged with or found guilty of lying or harming anyone. We have helped thousands. All our information is true. The FTC does not contest that.

BUT THE FTC LIE, CHEAT, and STEAL! These are the facts:

1. LIES: The FTC made up statements and placed them in quotation marks, for example "7 Herb Formula cXXXX cXXXXX" (we are forbidden to use those last 2 words). Then they charged Daniel Chapter One with making the statements.

When we explained that we never said such a thing, the FTC said we "implied" it. All because of true testimonies, and structure/function information truthfully shared. (Jesus tells an account of a blind man healed after mud was applied to his eyes. The FTC would charge Jesus with implying "mud cures blindness." Come to think of it, they did order Jesus to stop.)

The FTC said in a legal brief to the judges that Daniel Chapter One had "11 witnesses testify" at the hearing. A bold lie. They blocked all but a few of the people who came to Washington DC to testify. After the first day declaring that Daniel Chapter One is indeed a ministry, besides Jim and Tricia, Daniel Chapter One had only 3 witnesses (ARN general manager and 2 experts).

The FTC said "all" Daniel Chapter One had to do was state that we had not done clinical trials on our products and use stronger disclaimers. Judge Ginsburg asked, "Is that all?" FTC lawyer Daly then replied, "it would be a start." Then that is not "all", is it. . .

2. CHEAT: The FTC design things so that they cannot lose, no matter how unjust. First they held a hearing in a mock-court, a Star Chamber, with FTC lawyers, an FTC judge, and FTC Commissioners.

The FTC held Daniel Chapter One dietary supplements to the FDA standard for chemical drugs, demanding double-blind placebo-controlled studies. This is an impossible obstacle, an unfair advantage they are fully aware of. One such study can cost $100 million dollars.

The FTC pretend that "reasonable consumers" think a dietary supplement has been put through such clinical trials. They protest testimonials, although there is NO LAW against true testimonials, nor is there any law saying that an herbal or nutritional supplement or food must go through double-blind placebo-controlled studies.

3. STEAL: Under the false pretense of protecting you, the FTC says that "consumers" cannot know the difference between placebo or a product that "really works". Thus they take it upon themselves to rob you of your right to information, your right to choice, your right to decide for yourself what you take in times of sickness and in health.

And with that the FTC and the Pharmaceutical companies are laughing all the way to the bank.

S 510 --- Call Senators!!!

I realize everyone is likely sick of calling Congress and being ignored, but if we can move 10 Senators to halt S510, we will have defeated a major issue in establishing statute for international food control. Harry said last week, "We've got everything in place except for the Food Safety Act". Granted, he didn't say what "everything" he was referring to, but it's one of the last areas necessary to get statute for to enforce global standards in this nation....Please act. The economic effects of this bill will seriously harm independent agriculture.


Cloture Vote on S 510 Monday, November 29-


On Monday, November 29, a cloture vote on Senate Bill 510 will determine if the bill then goes immediately to the Senate floor for a final vote. Cloture requires 60 votes. If there are fewer than 60, the bill will not go forward. Let's make sure the cloture vote fails.

PLEASE CALL ALL THE SENATORS IN THE LIST LINKED BELOW AND ASK THEM TO OPPOSE CLOTURE AND OPPOSE S 510.

The votes of these "targeted" Senators could make all the difference. Even if they are not your Senators, please call them at their District Offices and, using the Talking Points below, ask them to oppose cloture and oppose S 510.

Why Senators Should Oppose S 510

S 510 threatens the existence of small, independent farms and will limit the food choices of consumers. As written - even with the proposed amendments - the bill is fundamentally flawed. S 510 will not improve food safety. Instead it will bury farmers in regulations and paperwork and consolidate agricultural production into fewer, larger industrial facilities.

The FDA has authority to inspect processing plants and imports, yet it inspects less than 1% of imports and less than 25% of the processing facilities it is authorized to. FDA claims it does not have the resources to carry out these inspections, yet it has the time and personnel to harass Amish farmers, raid food clubs, and pull over individuals who are transporting privately purchased fresh milk and make them dump it on the roadside.

S 510 would increase the cost of U.S. grown and produced food and extend the authority of international trade agreements onto small farms. Inspections and audits of farming and harvesting processes will cost farmers in upfront expenses just to exist. Even if they are not participating in direct or local sales, they will have to assume the audit and inspection costs as well as develop HACCP type plans. Larger corporations will not need to buy from domestic growers - they can import from countries with lower infrastructure costs to offset the expenses S 510 regulations will force on U.S. producers.

There are many reasons to oppose S510, but the fact that the FDA has stated in court that you have no right to consume any particular food, no right to bodily or physical health, and no right to contract is sufficient reason to not give it any more authority over your food than it already has.

Please call your Senators and the other Senators listed below and tell them you are smart enough to decide what you want to eat:

Talking Points
• S 510 will eliminate the only productive sector of our economy - small farms and local food. The Tester amendment still puts additional paperwork, record keeping and scrutiny onto direct marketers.
• The FDA fails to do the job it is charged with doing. Tell FDA to inspect the imports and the plants it has the authority to inspect and stay out of farming.
• The rules and regulations the FDA will promulgate under S510 will harm our ability to get food that we want to eat. Tell FDA instead to require truthful labeling and disclose genetically modified products on labels. This would create a safer food supply and not harm the small family farmer.
• S 510 will create even larger governmental bureaucracy, and the estimated costs don't include costs to individuals who actually produce food.
• S 510 opens the door to violations of due process including illegal search and seizure and suspension of judicial review.


ACTION:

Please call the Senators in this list - at their District offices - as well as you own two Senators, and tell them to oppose cloture and oppose S 510.


Lamar Alexander - cosponsor R-TN - 202-224-4944 (423) 752-5337 (731) 423-9344 (865) 545-4253 (901) 544-4224
Judd Gregg - co sponsor R-NH- 202-224-3324 (603) 225-7115 (603) 622-7979 (603) 431-2171 (603) 752-2604
Mike Johanns - didn't vote R-NE- 202-224-4224 (308) 236-7602 (402) 476-1400 (308) 632-6032 (402) 758-8981
Lisa Murkowski R-AK - 202-224-6665 907-456-0233 907-271-3735 907-376-7665 907-225-6880
David Vitter -cosponsor R-LA- 202-224-4623 (318) 448-0169 (318) 325-8120 (318) 861-0437 (504) 589-2753
George V. Voinovich R-OH- 202-224-3353 (216) 522-7095 (740) 441-6410 (513) 684-3265 (216) 522-7095
Scott Brown - not reliable R-MA- 202-224-4543 (617) 565-3170
Susan Collins R-ME- 202-224-2523 (207) 622-8414 (207) 945-0417 (207) 283-1101 (207) 493-7873
Olympia J. Snowe - up for reelection in 2012 R-ME- 202-224-5344 (207) 622-8292 (207) 945-0432 (207) 282-4144 (207) 874-0883
Jim Webb - up in 2012 D-VA- 202-224-4024 434-792-0976 757-518-1674 703-573-7090 804-771-2221
Jon Tester - up in 2012 D-MT- 202-224-2644 (406) 252-0550 (406) 586-4450 (406) 452-9585 (406) 723-3277
Ben Nelson D-NE- h202-224-6551 (402) 391-3411 (402) 441-4600 (308) 631-7614 (308) 293-5818
Herb Kohl D-WI- 202-224-5653 (715) 832-8424 (920) 738-1640 (414) 297-4451 (608) 264-5338
Bill Nelson cosponsor, switched from yea to nay, up for reelection 2012 D-FL 202-224-5274 407-872-7161 305-536-5999 813-225-7040 561-514-0189
Kent Conrad D-ND - 202-224-2043 (701) 852-0703 (701) 258-4648 (701) 775-9601 (701) 746-1990
Tom Carper D-DE- 202-224-2441 (302) 573-6291 (302) 674-3308 (302) 856-7690
Claire McCaskill D-MO - 202-224-6154 314-367-1364 816-421-1639 417-868-8745 573-442-7130
Robert P. Casey, Jr. - cosponsor D-PA 202-224-6324 (215) 405-9660 (412) 803-7370 (866) 461-9159 (814) 357-0314
Sherrod Brown D-OH -202-224-2315 (216) 522-7272 (513) 684-1021 (614) 469-2083 (440) 242-4100

Please join: National Independent Consumer and Farmers Association (NICFA), Campaign for Liberty (John Tate – President), Kristin Canty - Director of "Farmegeddon" the movie, and David Gumpert - author of "The Raw Milk Revolution" and www.TheCompletePatient.com, in OPPOSING cloture and OPPOSING S 510.

S 510 for Cloture

Today's the Day...

As those who are aware in the food movement know, S 510 is up for a cloture vote today. Senator Coburn of Oklahoma has stated that he would filibuster on the bill. I hope he does, and I hope that other Senators give him support. In the 'politics as usual realm', Senator Coburn has come up with a amendment in the form of a substitute for 510. I read it late last night, and while it is better, it is still not good.

You can read the bill at Coburn's site, although I am uncertain that they will post the entire thing.

Here are the issues as I see them based upon a one time read through of the substitute...First off, he still allows the Secretary to operate off of a "reason to believe" instead of credible evidence. It can't surprise many that a "reason to believe" is not a sound basis to use to recall products or to shut down businesses. The FDA believes all raw dairy is inherently dangerous and may cause death. So will air or water if there is too much or too little of it, so....It's arbitrary, and allows too much room for abuse. You can't rule a nation off of 'feelings'.

Secondly, and this is my most recent pet peeve, this bill allows for "science-based" standards. Well whose science? And what is the basis? If you read studies, they usually come to the desired conclusion of the entity paying for the study, or 'science' in this case. It's completely open ended. If it were scientifically proven, or scientifically accurate, it would be less questionable as a criteria to be applied to food 'science'.

Thirdly, the substitute bill still mentions "good agricultural practices"....Insert a heavy sigh.

And finally, while I understand that the phrase regarding "nothing in this bill is to interfere with trade agreements under the WTO" applies to the scope of the legislation, with the three things I mentioned, 'reason to believe', science based, and 'good' agricultural practices, this is as dangerous as it is in the other versions of 510, 2749, 875, etc. If the three things I mentioned were changed in the substitute bill, it actually wouldn't be something I would work really hard against....but as it stands, I cannot support the substitute.

However, we must realize if ANYTHING passes out of the Senate under the guise of "food safety" it will be thrown into the sausage grinder with HR 2749 which passed the House last July and any gains made on less tyrannical verbiage in the Senate version will likely be entirely lost in Conference with the House version. So....the grinder turns, and those who want to avoid eating whatever Soylent Green pablum the FDA decides fits their 'science based' ideologies for 'food' need to continue to tell their Senators NO on any food safety bill.

This bill is worse than the Health Care Bill and the Financial Stabilization bill and everything else other than the Clean Water Restoration Act. We have to be able to eat and drink water to survive, going to the doctor is largely optional, and fiat scrip is fiat scrip no matter who issues it. Food and water have inherent and intrinsic value. We just can't live without it.

Call the Senate, please....202 224 3121.

Be blessed!

Can Properly Done Tests Clear Dairy to Sell?

Missouri Milk Board Agrees to Allow Morningland Dairy to Test



11/10/10.... Morningland Dairy of Missouri, the farmstead cheese operation that has been shut down and under investigation by the FDA and Missouri Milk Board since August 26th finally obtained agreement from the Milk Board to properly test their cheese. Morningland, a farmstead raw cheese company, was shut down over concern by the Missouri Milk Board and the FDA that their cheese may harbor harmful bacteria.

On Monday November 8th, Morningland Dairy attorney Gary Cox, of Farm to Consumer Legal Defense Fund, informed Morningland that an agreement had been reached with the Missouri Attorney General’s office which will allow Morningland to test batches of their cheese that have been under embargo since August by the Missouri Milk Board.

The Missouri Attorney General’s office, representing the Missouri Milk Board in legal action against Morningland Dairy, offered eight stipulations under which they would not object to the dairy testing their cheese. After negotiations, Morningland Dairy and the Missouri Milk Board settled on six requirements to be followed. The stipulations agreed to are that the Milk Board be present, have three representatives observing, receive split samples of the cheese, approve the sampling and analysis process, receive results after testing, and receive production dates of sampled cheese. The two stipulations that were dropped were the advance identification of the lab to do the testing and the identity of the individual who designed the protocol for test sample collection. The removal of these conditions is significant to Morningland because approved laboratories are licensed by the agencies investigating the contamination, and this secures the opportunity for testing through a non-affiliated lab in the nature of a double-blind study.


During the course of the investigation Joseph and Denise Dixon, owners of Morningland Dairy, have maintained that they should be allowed to do properly sampled tests on the alleged contaminants to clear their cheese for sale. Denise Dixon said, “It seems to me that if tests that are done improperly can condemn our cheese, accurately done tests should be able to exonerate the cheese.”

Conversely, Don Falls of the Missouri Milk Board has stated, “If you want to do testing for investigational purposes only, that would be fine.” The Milk Board has held that all Morningland Dairy’s cheese is suspect and must be destroyed. Joe Dixon responds, “We hope that the Milk Board will see reason. If properly collected test results indicate the cheese is clear of contamination, we should be allowed to sell and resume production.”

The agreement does not state that Morningland Dairy may resume normal business operations if tests indicate no pathogenic concerns.

It's All Suspect...

As many of you know, I have been deeply involved in the Morningland Dairy Debacle. This past week brought several documents to light that shed a very harsh light on the agencies involved in the Rawesome raid that led to the Morningland shut down and recall of all of their production without due process. Read the article and associated documents below and let me know what you think.

This is on David Gumpert's blog, The Complete Patient, and has a pretty good of amount of commentary already. Some of it is like reading code and not getting it, but a lot of it is quite insightful. (The article as it appears on Complete Patient has one or little technical errors in it because of many bouts of editing to clarify the complex issues. The one below is completely accurate and the docs support it....thanks for your humanity!)

Feel free to pass this on. The only oversight for agencies is we the people.


.....Or Is it Just Suspicious?

By Doreen Hannes

The issues that brought a tiny Missouri farmstead cheese plant to the forefront in the U.S. Food and Drug Administration’s war on raw dairy continue to expand, and trouble. As a wise man once said, “Truth is stranger than fiction.” The intrigue doesn’t dissipate at all with the increase in information regarding Morningland Dairy. The tests, methods and procedures that began this tragedy are very questionable.


Let’s back up a step. On June 30, agents from five or six agencies raided Rawesome Food Club in the Venice section of Los Angeles. They covered the security cameras after about a minute, and proceeded to spend several hours rummaging through the place and confiscating product--about $11,000 worth, according to Rawesome. The U.S. Food and Drug Administration took a bunch of stuff, and the California Department of Food and Agriculture took another bunch of stuff, leaving lists of seized items.
All the seized products appear to have been sent for testing to the CDFA. (I say “appear to” because no one has formally said anything, but the report of contamination of Morningland Dairy cheese came from CDFA.)


The test results given to Morningland by the CDFA show reports for two types of cheese attributed to Morningland Dairy—‘raw milk Colby hot pepper” and “raw milk garlic”. (Remember these, I’m going to test you on them later.) The scientific information on these reports is heavily redacted and lack the detail that would have been required to pass a college course on Biology....at a reputable school, anyway.


The first thing that strikes one as extremely odd about the lab test report is that it fails to cite the name of the company in the product description. Secondly, there are no batch numbers for the cheese. These indicate the production date of food and help isolate potential problem areas. Thirdly, while they cite two types of cheese, there are two photocopies of the same one-pound block of Morningland Dairy Garlic Colby showing its weight as .87 lb. Then there are the key results: “L. monocytogenes detected” and ‘staph aur. detected”. Because of the oddities--the lack of batch numbers, failure to identify the manufacturer and the missing photograph of “Morningland Hot Pepper Colby”, I asked Denise Dixon of Morningland for the invoices of Rawesome’s purchases from Morningland prior to the June raid.


Discrepancies

The invoices indicate that Rawesome (invoiced to James Stewart) purchased cheese in October and November of 2009, and May and June of 2010. The invoices reveal Rawesome purchased Morningland Dairy Hot Pepper Colby in ½ pound blocks, but there was no picture of this cheese with the CDFA lab report. The majority of cheese purchased by Rawesome from Morningland Dairy was goat cheese, which runs under Morningland’s Ozark Hills label. All cheeses invoiced to Rawesome were in ½ pound packages, and Morningland had sold no “Morningland Dairy Garlic Colby” to Rawesome at all. So where did this one-pound block of Garlic Colby in the CDFA picture come from?

After finding these anomalies, Denise Dixon contacted the CDFA for more information on the tests conducted of Morningland Dairy or Ozark Hills products seized from Rawesome. She contacted Dr. Stephen Beam, the head of its dairy division, via email, and was told that only two samples of Morningland products were taken and that no samples of Ozark Hills (Morningland Dairy’s Goat cheese line) were collected. So, they sampled a type of cheese that was never sold to Rawesome (Morningland Dairy Garlic) and had none of the most recent order of Ozark Hills goat cheese in their inventory at all. Hmm, says I. The most recent Morningland invoice to Rawesome was entirely Morningland’s Ozark Hills goat cheese.

Transparency?

Interestingly, when you go through the inventory of seized items written by the CDFA, there are six items (59, 75, 76, 78, 79 and 80) that fit Morningland Dairy’s cheese descriptions (some are identified by brand). The product that was tested by CDFA and never sold to Rawesome is listed twice and numbered as 59 and 80 in the CDFA inventory. It says underneath number 59’s description “gallic colby” and is followed by “5”. We don’t know what “5” actually means, but one would think it would be either a number of packages or a weight. Some of the seized products have a weight associated with their description and some do not. There are two other entries on the inventory by CDFA stating “Morningland Dairy”, but on both of those, “Morningland” is crossed out, and one of them (item 80) is the never-sold-to-Rawesome Garlic Colby. Next to that entry is written “54”. Again, we don’t know what the “54” means. 54 packages? 54 pounds? 54 ounces? 54 grams? Who knows? Those who should know, like Dr. Beam, aren’t telling.

The statement by Dr. Beam that there were no other samples of Morningland or Ozark Hills product collected by CDFA just doesn’t make sense. The FDA also seized product from Rawesome. Its report clearly states that it took “10 subs (16 oz) of Morningland Dairy Raw Milk Cheese-Mild Cheddar from Mountain View, MO.” Despite not knowing what “subs” are (yes, I know, the sandwiches, but this is just cheese!) and the fact that Morningland did not sell 16oz blocks of cheese to Rawesome; we can verify through the invoices that Rawesome purchased Morningland Dairy Mild Cheddar cheese. It could have been taken from Rawesome inventory...just not in 1 pound blocks. Evidently, the FDA’s USPHS (United States Public Health Service) is incriminating CFDA for not following the search warrant and failing to take representative samples of ALL dairy products for laboratory testing. Either that, or Doctor Beam and CDFA don’t know how to read labels.

At best, the documentation here is terribly sloppy, and at worst, seriously inaccurate (perhaps a lawyer can tell if it might even be criminally so). Add to that the fact that all the legal proceedings—the issuance of the search warrant that allowed the seizure of the cheese and the issuance of the Missouri Milk Board’s order to destroy the cheese—have taken place in secret, and the fact that no illnesses have been attributed to Morningland cheese, one must question the motives of these agencies. How can there be any claim of due process when a business has been nearly shuttered and pushed to the brink of insolvency based on sloppy and inaccurate paperwork and entirely secret legal proceedings? Not to mention, the absence of any internal appeals procedure with the Missouri Milk Board.

Businesses should not be defamed and railroaded out of business by such sloppy procedures by government agencies. The results of the CDFA ‘investigation’ are seriously suspect; as such, they should be quarantined and subjected to a destruction order. They are the real threat to public health.

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If you wish to help Morningland Dairy fight for their right to exist, please donate to them at the UnCheese Party site.