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 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!

Consolidation GMO's and Food Control--The Theater we are in

Please go to the Center for Responsible Technology and download the non-GMO shopping guide. Jeffrey Smith has done the most work on this and you can benefit from the tremendous amount of work he has done. I don't agree with him that the Obama Administration is going to 'do the right thing' with labeling, or constraint of market control on ag at all---But his work is STILL the best out there. So get the Non GMO shopping guide at the bottom of the linked page.

Also, please support my weekly radio show. As you can tell from reading my blog, I am much more comfortable with duct tape and hammers than internet technology, but that lack of ability in techno crud doesn't stop me from being able to access information and process it....it just stops me from being able to disseminate that information as well as I would like. I'm going to continue to try to get the info out there, but I'm a little needy and need to know that people are getting it. So please listen to the show when you can and call in with your thoughts from time to time. Here's the link to my most recent broadcast of Truth Farmer on Liberty News Radio

Tomorrow morning from 8-9 Central I will be on Republic Broadcasting networks Capitol Forum, and Monday at 8pm Central I will be on Devvy Kidd's show.

I do this stuff full time for free---all in the hope that we may continue to be able to eat and to stand in the gap so that tyrranny has a harder time bringing us to their Brave New World. I like my Brave New World better as fiction. How about you?

It's Official- The FDA Believes we Are Too Dumb to Eat

©Doreen Hannes

The Farm to Consumer Legal Defense Fund (FTCLDF- www.farmtoconsumer.org) has achieved a tremendous coup in their suit against the FDA regarding the FDA's abuses over transport of privately owned fresh (unpasteurized) milk. In a brief the FDA filed requesting that the case against them be dismissed for lack of standing, the FDA has shown that they truly think we cannot decide what we want to eat or drink without their permission. It's amazing. One would think that we could not have possibly lived prior to the formation of the FDA just over one hundred years ago.

The legal brief by the FDA actually has the audacity to proclaim in the table of contents such things as :

There is No Right to Consume or Feed Children Any Particular Food (pg25)

There is No Generalized Right to Bodily and Physical Health. (pg26)

There is No Fundamental Right to Freedom of Contract (pg 27)

FDA’s Regulations Rationally Advance The Agency’s Public Health Mission (pg27)

Let's have a look at the first citation above… (emphasis added) beginning on page 25…

…… there is no “deeply rooted” historical tradition of unfettered access to
food of all kinds….To the contrary, society’s long history of food regulation stretches back to the dietary laws of biblical times…. Modern food safety regulation in the United States has its roots in the early food laws of the American colonies, which themselves incorporated “the tradition of food regulation established in England.” …(-citing a Virginia statute passed in 1873, that “made it an offense . . . [to] knowingly, sell, supply, or bring to be manufactured . . . milk from which any cream has been taken; or milk commonly known as skimmed milk”). Comprehensive federal regulation of the food supply has been in effect at least since Congress enacted the Pure Food and Drugs Act of 1906, and was strengthened by the passage of the FDCA in 1938. Thus, plaintiffs’ claim to a fundamental privacy interest in obtaining “foods of their own choice” for themselves and their families is without merit.

If this weren't so horribly serious it would be hilarious.

The FDA is fighting a case that builds on the desire and right to consume fresh (unpasteurized) milk, which the FDA maintains is a lethally dangerous practice, by citing a law that prohibits any change of the nature of fresh milk!

But wait, there's more….we haven't begun to scratch the surface yet:

There is No Generalized Right to Bodily and Physical Health.

Plaintiffs’ assertion of a “fundamental right to their own bodily and physical
health, which includes what foods they do and do not choose to consume for
themselves and their families” is similarly unavailing because plaintiffs do not have a fundamental right to obtain any food they wish. (Emphasis added)


I almost can not believe they were so overt in their complete and total disregard for the most fundamental human right of all, yet their own words convict them. If you cannot decide what food you wish to eat, you certainly cannot even entertain the idea that you are free! The FDA has seemingly vaunted itself to the level of parenthood over the entire nation simply by being created via an act of Congress. Like a parent telling a four year old, "Eat it! It's good for you!" Right…..Never mind the fact that the FDA has refused to do any real testing on genetically modified foods, or that they say aspartame is fine for you to drink when it becomes toxic at 85 degrees. Don't even mention that they have refused to regulate nanofoods (smaller than a molecule technologic creations) that your body cannot assimilate. Yet since you don't have any "generalized right to bodily and physical health" they can allow you to be poisoned with the continued blessing of Congress. And the likely passage of new powers to be given to the FDA will surely be helpful in giving us all "food safety" and healthful food. Right. Sorry, my sarcasm should be palpable.

According to the FDA, you don't have a right to bodily and physical health by deciding what you want to eat or don't want to eat. They know better than you, even better than God Almighty and don't you forget it. Just wait until they have expanded powers under S510 and HR2749. They will almost certainly extrapolate that authority to do home refrigerator checks on whomever they want.

In their final sentence under this section of the FDA's motion to dismiss, they really hit it out of the park:

Finally, even if such a right did exist, it would not render FDA’s regulations unconstitutional because prohibiting the interstate sale and distribution of unpasteurized milk promotes “bodily and physical health.”

So you don't have a right to it and they are promoting your non-right by their illustrious actions……Please. There are a myriad of studies attesting to the healthful benefits of fresh milk. Yes, there are concerns associated with it as well, and people should do the best they can to become educated on the subject before making a decision for themselves, but this hyperbolic 'public good' claim is farcical at the least. Particularly when the FDA has so miserably failed in their charge to inspect processing facilities and imports. A recent Office of the Inspector General (OIG) report revealed that the FDA has inspected less than 25% of the facilities they are charged with inspecting in five years. They inspect LESS than 1% of imports and allow the aforementioned biotech and nanotech foods to enter the food supply without the slightest flinch on their part. All the while they proclaim they are performing a public good.

The final affront to all that is decent in this FDA legal brief follows:

There is No Fundamental Right to Freedom of Contract
In arguing that FDA’s regulations violate substantive due process because they
interfere with plaintiffs’ “contract rights” by “restricting the use of an agent to accomplish what the principal herself ought to be free to do,” plaintiffs ask this Court to resuscitate long-dead, Lochner-era jurisprudence. See Ferguson v. Skrupa,372 U.S. 726, 729 (1963) (“There was a time when the Due Process Clause was used by this Court to strike down laws which were thought . . . incompatible with some particular economic or social philosophy,” but that doctrine “has long since been discarded ). Plaintiffs anachronistic invitation should be rejected.

The excerpt above has deeper implications than one might realize at a glance. In my estimation it has a terrific amount to do with many of the obtuse rulings the state and federal courts have delivered. We are being told that we do not have the right to make agreements. Evidently, all agreements have been made for us by our superiors.

Historically, the only people without the right to contract are minors, felons and slaves. Obviously, we cannot be minors because we can never reach the age of majority wherein we are free to decide what we eat for ourselves. So we are either felons or slaves. Which category we have been relegated to is open for discussion, but we certainly are not free. To boldly state that we have no right to freedom of contract is an astonishing, and revealing, admission.

To boldly state any one of the cites above is astonishing. We have no right to decide what we eat or don't eat, we have no right to bodily and physical health, we have no right to contract, and the FDA is 'rational'. So saith the FDA…. in Case 5:10-cv-04018-MWB, Document 11-1 filed on 04/26/10.

The FDA believes that we are too stupid to swallow. Yet we are supposed to swallow that they are interested in securing a safe food supply for us, and that the FDA needs more power to regulate food on farms and we should give it to them by passing S510 or HR2749.

They'll take care of us…you betcha.

=====================

This article should be on www.newswithviews.com and have the pdf of the FDA motion to dismiss attached. I will make certain it is accessible and post an update when it can be downloaded easily. Meanwhile, if anyone has any idea how to get pdfs loaded onto blogspot---PLEASE let me know!

As per usual....WSJ on S510

The Wall Street Journal contacted several people a few weeks ago regarding S510.....The Food Safety Modernization Act. It is poised to move either next week or the following week. Start making calls to your Senators and letting them know they should oppose this bill. here is a link to the WSJ article where Debbie Stockton of NICFA is quoted (www.nicfa.com)

http://online.wsj.com/article/SB20001424052702304172404575168232140548698.html



Please download the talking points from NICFA and then call your Senators to try to give them some light. There are many who want to amend the bill to 'exempt' small direct trade producers. One problem is that it still gives subject matter jurisdiction to the agency, and then with the Food Code done for every state health department, states are encouraged to implement ALL federal initiatives within their borders. Another problem is that the USDA and FDA are failing where they already have authority and funding, so giving them more authority to use fines and penalities on smaller entities will only further consolidate the food industry and therefore make it more unsafe for consumers. Here are the talking points from NICFA....


S 510, The Food Safety Modernization Act – Why It Will Make Food Less Safe

Considerations submitted by the National Independent Consumers and Farmers Association (NICFA)
www.NICFA.org Contact: Deborah Stockton 434.295.7176 nicfa@earthlink.net

S-510 will have the unintended destructive consequence of eliminating small farms and consumer access to local
food. The main threats to food safety – by the government’s own admission – are centralized production,
centralized processing and long distance transportation. The food safety bills will increase these risk factors by
further consolidating agriculture into fewer, larger industrial farms through enormous regulatory burdens that small
farms cannot endure. Small farms and farmers markets are an important economic engine, environmental safeguard
and national security asset. There is not a history of food borne illness from farmers’ markets or small farms.

1) S510 grants sweeping powers to the FDA (and the USDA). (see Reference (1) on attached page)
a) The FDA already has jurisdiction over live food animals, but S510 expands the FDA’s powers and authority. In
addition to the agency adding new regulations, agents could go on to farms, where less than one half of one percent
of foodborne illnesses originate, without having credible evidence that a problem exists, needing only “reason to
believe” in order to quarantine or shut down a farm. (Please see example on reverse side of paper)
b) TITLE II Sec. 208: striking ‘‘presents a threat of serious adverse health consequences or death to humans or
animals’’ and inserting ‘‘is adulterated or misbranded’’ means that if an agent “believed” that raw milk, for instance,
to be an adulterated food, he or she could shut down a farm that provides raw milk to consumers.

These agencies already have expansive authority to monitor and inspect areas where problems actually occur –
processing and handing – yet they are not fully inspecting. Why expand their powers to farms and cause financial harm
to those who produce the food? Increased inspections and regulations would only serve to impose additional costs and
burdens on family farming, destabilize local economies, promote "factory" food to the consumer and limit the consumers
right to purchase local products..

2) S510 is an enabling statute for international regulations. (see Reference (2) on attached page)
Reducing national authority and applying international standards to farms and small businesses will hurt the only
growing sector of agriculture this nation has, the direct trade and local food movements. All of the "Food Safety"
bills allow for this. International guidelines and standards are not designed to increase food safety, but to harmonize
and standardize all food production and processes.
a) The U.S. has already implemented several disastrous international standards, including “Hazard Analysis &
Critical Control Points” (HACCP) and "The Leafy Green Marketing Order."
i) HACCP has not increased food safety, but has resulted in the closure of slaughterhouses unable to afford it
that serviced small farmers in direct trade, increasing farmers’ costs for travel to distant abattoirs and
decreasing their ability to stay in business. S510 will allow HACCP – a 50-page book of rules – to be
required on farms.
ii) The International Plant Protection Convention’s (IPPC's) "Pest Free" standard, known as "The Leafy Green
Marketing Order" was written by industrial distributors and has resulted in no increase in food safety but has
caused gross financial burdens on small farms. E.g., in the Growers’ Compliance Costs for the Leafy Greens
Marketing Agreement (LGMA) and Other Food Safety Programs survey conducted in 2008 and 2009 by the
University of California, one of their many findings stated, “Growers reported their seasonal food safety
costs more than doubled after the implementation of the LGMA, increasing from a mean of $24.04 per acre
in 2006 to $54.63 per acre in 2007.”

3) Lobbyists for industrial agriculture do not represent small farmers and the consumers who buy from them. Congress
needs to consider the consequences to consumers and small farmers of giving agencies more power to enforce (fine and
imprison) those who are simply not as financially capable of exerting influence on the writing of the regulations that
Congress is considering authorizing by these statutes.

Conclusion:
• S-510 will not increase food safety.
• S-510 will put undue burden on the small farmer getting his products to the consumer.
• S-510 will reduce or eliminate consumer access to locally grown food.
We ask you to consider not acting on these bills until they can be properly worded.

(please see reverse side for further information)

FDA Abuse of Power, Real Life Consequences

One current example of the FDA’s abuse of power was in July 2008, when the FDA issued
a nationwide warning regarding a Salmonella risk on varieties of tomatoes. “The disease
wasn’t found on Georgia tomatoes, but the general public’s perception was that all tomatoes
were affected,” said Archie Flanders, an economist with the University of Georgia College
of Agricultural and Environmental Sciences. The scare cost Georgia farmers $13.9 million.
Georgia grows about 3,000 acres of tomatoes, worth between $60 million and $80 million
annually. According to an article from the University of Georgia, "During the tomato scare
of 2008, the U.S. tomato industry lost an estimated $300 million in revenue. Florida growers
bore the brunt of the recall, incurring up to $100 million in losses." It later was determined
that the outbreak of Salmonella did not come from tomatoes.

==========================

Call 877 210 5531 and get your Senator's office and leave them a message about why we don't need any more governmental controls in light of a complete failure to do what they are charged to do already......


I find it rather amusing that the WSJ knows when the Senate intends to take things up and holds articles until the timing is right. Kind of like the reason people with inordinate amounts of money keep vying for small potatoes Congressional positions.....the biggest insider trading racket around.

ARAPA---Global Food Safety Initiative and S510

Arkansas Animal Producers Association

ANNUAL MEETING

Date: April 18, 2010

Time: 2:00 p.m. to 6:00 p.m.

Site: Atkins High School Auditorium

403 Ave. 3 Northwest

Atkins, Arkansas

Keynote Speaker: Mrs. Doreen Hannes

ARAPA member Doreen Hannes has thoroughly researched the origins &
impacts of "Free Trade" agreements and the National Animal
Identification System in particular & has been a major force in the
anti-NAIS movement both nationally & in Missouri. Her mission is to
expose the procedures & methods being employed to destroy the God given
rights of this once great republic. Doreen has her own talk radio
program & has written extensively on the NAIS. She will be doing a power
point presentation on the GLOBAL FOOD SAFETY INITIATIVE and why these
food safety bills in Congress right now will not only implement NAIS,
but more than that - this will be complete food control right down to
your garden & kitchen. Bring every person you can to HEAR THIS. This
isn't just about our animals anymore.

http://truth- farmer.blogspot. com/

Other Scheduled Speakers:

Mrs. Jeannie Burlsworth: Chairwoman of Secure Arkansas

Mr. Warren Phillips of Arkansas Animal Producers Association

Mr. Michael Steenbergen of the Arkansas Horse Council

Mr. Harvey Howington of the Arkansas Rice Growers Association

We will have an ARAPA business meeting to decide new board members. We
will also discuss what our next step is for the 2011 legislative
session.

Did you hear that "NAIS is dead"? NO, it is NOT! Come find out what
really happened!

Do you want to find out what happened with your Freedom to Farm Act last
spring in the Arkansas Senate Ag committee hearing? COME TO THIS
MEETING!

Are you wondering why a guy from the Ark. Rice Growers (3,000 members!)
is speaking at our meeting? COME FIND OUT—this is BIG news for ARAPA
and for Arkansas!

Do you have lots of questions & want answers? COME TO THIS MEETING!

THIS MEETING IS OPEN TO THE PUBLIC - ANYONE IS WELCOME TO ATTEND!

IF YOU KNOW SOMEONE IN ARKANSAS, WHETHER
THEY OWN ANIMALS OR NOT, PLEASE LET THEM KNOW ABOUT THIS MEETING.

Please bring friends and family!!!!

DC Farm Food Voices March 10th, 2010.....

This week I went to Washington DC for the NICFA's fourth annual lobby day on behalf of Food Freedom for all. I was blessed to meet David Gumpert, Joan Veon, Joel Salatin and many, many others. Other than being in the pit of hell, it was fun. DC has a very negative effect on me. I simply can't feel right whenever I am there. I know, I know, whiney, whiney, but still.....the line from the song "I spent a week there one day" applies to the illustrious national capitol. Otherwise, the visit was great!

The point of this annual event is to bring awareness to the legislators that small and independent farmers, ranchers, and local food advocates are not represented by the normal astro turf ag organizations that lurk in those hallowed halls. As with most things, "we the people" are not being heard by the representatives that pass the laws that effect us. NICFA (National Independent Consumer and Farmers Association) has spearheaded this effort and done a fabulous job of engaging all sides of those interested in direct trade of real food. You can visit the website at www.nicfa.org. I am the Director of Research for the group, and must say that the leadership is deeply dedicated to the issue as opposed to their celebrity. Refreshing!

Prior to the event, I gave a first ever attempt at a teleconference seminar to try to explain in fair detail what the issues regarding the "food safety" legislation are and what the effects of ensconcing authority to enforce and enact international standards in a blanket fashion will be on those of us interested in farming and eating real, honest to goodness food. David Gumpert attended that seminar and he wrote a blog about it....http://www.thecompletepatient.com/journal/2010/3/10/the-elephant-in-the-food-rights-room-how-global-trade-agreem.html?lastPage=true#comment7752519 ---I am thrilled he thought enough of it to post it on his blog as he really gets this from the consumer standpoint and there are many more consumers than farmers or ranchers.

Honestly, every single one of us will be affected by the passage of any of these 'food safety' bills. Our food will be completely controlled, and this will serve only to further consolidate, concentrate and corporatize the food chain. Call your Senators and Reps and tell them not just no, but hell no, on HR2749 and S510. Talking points can be found at www.nicfa.org.

Until later......