This is and has been happening regularly which is why.... 

 

Could it be argued that they intended this Bill to be used for corporations and that since we've had food issues lately we should just let them pass it & keep our mouths shut? Perhaps, But...

 

If we don't like what they will have the ability to do with a bill, then we should insist that it not be passed until it is written to our satisfaction. Remember, THEY work for US; not the other way around!

 

A favorite part of the of the legislation is where they state that NAIS became a law in 2002. Um...No. The National Animal Identification System (NAIS) has NOT been passed into law yet. But you can voluntarily Register your premises today! or  Register to Trace your Animals! Not too sure who would want to?

If you are not happy with what you have read so far or with what you read in the original resolution, then please contact your representatives and senators and let them know ASAP.
1-877-210-5351 Congressional Switchboard 

View parts of the proposed legislation below. You will find comments regarding each section in bold italics immediately following each section. 

 

 I do not include the Entire BILL here, but sections found to be relevant.
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Section 1, Section 3 (Definitions):

(5) CATEGORY 1 FOOD ESTABLISHMENT- The term `category 1 food establishment' means a food establishment (other than a seafood processing establishment) that slaughters, for the purpose of producing food, animals that are not subject to inspection under the Federal Meat Inspection Act or poultry that are not subject to inspection under the Poultry Products Inspection Act. (This would include local farmers slaughtering for their families &/or friends & neighbors &/or those doing so at Farmer's markets, etc. In other words, "anyone not currently subject to inspection"...everyone.)

(6) CATEGORY 2 FOOD ESTABLISHMENT- The term `category 2 food establishment' means a seafood processing establishment or other food establishment (other than a category 1 establishment) not subject to inspection under the Federal Meat Inspection Act, the Poultry Products Inspection Act, or the Egg Products Inspection Act, that processes raw seafood or other raw animal products, whether fresh or frozen, or other products that the Administrator determines by regulation to pose a significant risk of hazardous contamination. (Again...this would include local farms selling raw milk, raw cheese, raw eggs, etc. for personal use, for use by friends &/or family, or for use by those who own shares in their livestock..."other raw animal products, whether fresh or frozen...")

(7) CATEGORY 3 FOOD ESTABLISHMENT- The term `category 3 food establishment' means a food establishment (other than a category 1 or category 2 establishment) that processes cooked, pasteurized, or otherwise ready-to-eat seafood or other animal products, fresh produce in ready-to-eat raw form, or other products that pose a risk of hazardous contamination. (Note the absence of the word "sells"...it just simply states, "that processes...fresh produce in ready-to-eat raw form..." This would include those growing food for their own family's consumption, (DING DING -ANY BELLS YET-?) food for consumption by their family &/or friends & neighbors, etc. as well as those selling at local farmer's markets.)

(8) CATEGORY 4 FOOD ESTABLISHMENT- The term `category 4 food establishment' means a food establishment that processes all other categories of food products not described in paragraphs (5) through (7).

(9) CATEGORY 5 FOOD ESTABLISHMENT- The term `category 5 food establishment' means a food establishment that stores, holds, or transports food products prior to delivery for retail sale. (Just in case we weren't sure before, we can now be sure that farms holding foods at their farms prior to delivery for retail sale at a farmer's market would be included here.)

(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. (This would kindly include any location...local farm or otherwise that holds, stores, or transports foods as they typically do when they're waiting for delivery to a farmer's market or delivering food to a farmer's market.)

(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). (Here they kindly exclude a local soup kitchen, restaurants, or your next church dinner. Ironically, I would think food storage &/or prep practices at a restaurant would contribute significantly to the overall health of those consuming such food. But, alas, they get a pass on this one.)

(14) FOOD PRODUCTION FACILITY- The term `food production facility' means any farm, ranch, orchard, vineyard, aquaculture facility, or confined animal-feeding operation. (And just in case we had any doubts, they clarify here that "any" farm, ranch...one privately owned, operated, and consumed from would be included here, orchard, vineyard, etc.)

(19) PROCESS- The term `process' or `processing' means the commercial slaughter, packing, preparation, or manufacture of food. (Commercial only defined as made for sale? Local farms selling locally only apply?)
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Sec. 201 (a) (2) ensure that persons who produce, process, or distribute food meet their responsibility to prevent or minimize food safety hazards related to their products. ("...Persons?" Not companies, but "persons"...)

(c) Program Elements- In carrying out the program, the Administrator shall--
(1) adopt and implement a national system for the registration of food establishments and foreign food establishments, as provided in section 202 of this Act; (Remember, we already established that any person growing food for consumption by a human or an animal is included. Ready to register your backyard fruit & veggie garden?) Can we say, "Civil Disobedience" boys & girls?

(2) adopt and implement a national system for regular unannounced inspection of food establishments (Nope. Not gonna give you permission to drop in unannounced to "inspect" my home. Last time I checked, legislation that violates the Constitution does not constitute a valid warrant.)

(3) require and enforce the adoption of preventive process controls in food establishments, based on the best available scientific and public health considerations and best available technologies; (What exactly is this?)

(12) provide technical assistance to farmers and food establishments that are small business concerns (meeting the requirements of section 3(a) of the Small Business Act and the regulations promulgated thereunder) to assist with compliance with the requirements of this Act. (Don't need nor do I want your "assistance"..."technical" or not. This would cover a local farm operating as a small business via selling on their land, at local farmer's markets, or through a herd-share program.)
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Sec. 202
(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. (We've already established that they consider a local farmer & a family growing food in their back yard as "food establishments". If they are manufacturing (i.e.-growing) food for consumption in the US then they shall be required to register. Um. NO! I am NOT registering my back yard garden with the US. Try again.)

There's a whole bunch of other junk in this section as well including how they can make you re-register, charge fees which are not defined and could likely be costly as a result, etc. You know, a bunch of other "junk".
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Sec. 203 (c) Specific Hazard Controls- The Administrator may require any person with responsibility for or control over food or food ingredients to adopt specific hazard controls, if such controls are needed to ensure the protection of the public health. (Is this what people think would force farmers &/or local gardeners to use chemicals? I guess I could see that.)
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Sec. 204 (a) In General- To protect the public health, the Administrator shall establish by guidance document, action level, or regulation and enforce performance standards that define, with respect to specific foods and contaminants in food, the level of food safety performance that a person responsible for producing, processing, or selling food shall meet. (Here again, leaves it open to anyone who produces, processes, or sells food; even home gardeners and local farmers.)

Sec. 204 (c) (1) (D) in the absence of data to support a performance standard described in subparagraph (A), (B), or (C), standards that define required performance on the basis of reliable information on the best reasonably achievable performance, using best available technologies, interventions, and practices. (I’m pretty sure this is another area where people think, “…using best available interventions…” could require the use of chemicals or pesticides even on a home garden, local farm, &/or organic farm.)
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Sec.206
(d) Variances- States and foreign countries that export produce intended for consumption in the United States may request from the Administrator variances from the requirements of the regulations under subsection (c). A request shall--
(1) be in writing;
(2) describe the reasons the variance is necessary;
(3) describe the procedures, processes, and practices that will be followed under the variance to ensure produce is not adulterated; and
(4) contain any other information required by the Administrator. (What matters here? The fact that FOREIGN countries that export produce intended for consumption in the US CAN ASK FOR AN EXEMPTION TO THESE REGULATIONS!!!! Help me out here!! If their intent is to ensure our food is safe and MOST of the unsafe food has come from overseas then WHY exactly are we going to allow overseas companies to exempt themselves? Isn't this defeating to their alleged purpose for this act? Unless, of course, they actually have another purpose that has nothing to do with protecting our food supply at all.)
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Sec. 210 (2) EXISTING LAWS- For purposes of this subsection, the Administrator should review the following:
(d) Relationship to Other Requirements
(D) The National Animal Identification System as authorized by the Animal Health Protection Act of 2002 (7 U.S.C. 8301 et seq.). (Um…The National Animal Identification System (NAIS) is NOT currently law and CERTAINLY wasn’t law in 2002!!! It was fought HEAVILY last year because of its strict requirements that would only charge one fee for a corporation such as Tyson which has thousands of chickens, but would charge an individual farmer a HIGH fee PER animal…the cost wouldn’t have even been close to comparable.)
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Sec. 301 (c)
(2) COMPONENTS OF ANALYSIS- The analysis under subsection (b)(1) may include--
(A) a comparison of the safety of commercial processing with the health hazards associated with food that is harvested for recreational or subsistence purposes and prepared noncommercially; (In case you didn't read that right, it will require, "...comparison to foods harvested for recreational or subsistence purposes or prepared noncommercially" Still doubting whether individuals growing food for their own consumption will be included in this legislation?)
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Sec. 302 (b)
(2) to develop standardized formats for written and broadcast advisories; (I don't know about you, but I'm all kinds of happy that they'll be ATTEMPTING to control media with this bill as well. Hope they know that bloggers don't listen very well to intimidation or fake, unconstitutional legislation.)
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Sec. 303 Research (a)
(5) develop food consumption data; (I'm curious to know how
they intend on developing "food consumption data" with
current methods. I suspect how they'll do it.)

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SEC. 401. PROHIBITED ACTS.
It is prohibited--
(3) for a food establishment or foreign food establishment to fail to register under section 202, or to operate without a valid registration; (How about it's unconstitutional to make people register their home gardens? That's what I thought. No. I won't be registering. And again...can everyone say, "CIVIL DISOBEDIENCE" with me!)

(4) to refuse to permit access to a food establishment or food production facility for the inspection and copying of a record as required under sections 205(f) and 206(a)

(5) to fail to establish or maintain any record or to make any report as required under sections 205(f) and 206(b) (Again...see note on #3)

(6) to refuse to permit entry to or inspection of a food establishment as required under section 205; (Again...note on #3)                   Info gathered from Thoughts of that mom.