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Legislation Introduced to Punish Small Farms for Corporate Farm Problems

April 6, 2009





March 26, 2009

Is this broad legislation the avenue to?:

De Facto authorize NAIS

Regulate the sale of raw milk out of existence

Over-regulate small & large farming practices

Inspect farms for “intrastate” & “interstate” commerce

Use extremely expensive civil & criminal offense fines to regulate

Force States to uphold Federal food safety laws causing them to lose their State power to regulate local food

Let the food industry (agri-business) control food bill legislation

The NHF Thinks So……….

         Last month, the so-called Food Safety Modernization Act of 2009 was introduced by Rosa DeLauro (D-CT) as House Resolution 875. The bill calls for the creation of a Food Safety Administration within the Department of Health and Human Services.  This new agency would empower the government to regulate food production at all levels, up and down the chain of production.  For violations, the bill provides for criminal prosecution for producers, manufacturers, and distributors who fail to comply with these regulations, and punitive property seizures and large fines of as much as $1 million for each offense upon conviction. 

         The supposed reason for the launch of this bill is that all of these burdensome regulations – heaped on top of already-existing, unevenly-enforced burdensome regulations – will somehow make the nation’s food supply safer.  Standards would be set and legions of bureaucratic enforcers would descend upon food establishments of all sorts, including “food production facilities” comprising even the smallest farms, ranches, orchards, and poultry-raising operations.  Recordkeeping would be mandated and costs of compliance would soar resulting in a boom for professional accountants and lawyers, who would of course be in increased demand. 

         The bill would, admittedly, transfer the Center for Food Safety and Nutrition out of the clutches of the truncated Food and Drug Administration (FDA); but that would be small compensation for the havoc that would be wreaked upon small farmers and food producers as farm-industrial complex threw its financial weight around and ensured that burdensome rules and regulations, with which it could easily keep up with and afford, were laid down to suffocate out of existence its small competition. True organic food production would also be threatened by “minimum standards” that farm-industry lobbyists would help the Agency establish – including certainly Rep. DeLauro’s husband’s company Monsanto, which pushes herbicides and genetically-engineered seed upon the World. 

         As if that were not enough, last September, Senator Sherrod Brown (D-OH) placed before the U.S. Senate another “food safety” bill (S.425) called the Food Safety and Tracking Improvement Act.  Also supported by Monsanto, this bill would – as with H.R.875 – establish an electronic “traceability system” for the FDA to track food production, manufacturing, processing, and distribution.  An Advisory Committee would assist in managing this system, which would have recall and confiscation powers in the event tainted food were found. Like H.R.875, this bill would disproportionately burden small farms and food producers.  It would also unconstitutionally stick Federal noses into State regulatory affairs, further centralizing power in Washington, D.C.

         NHF’s president Scott Tips notes, “Congress never seems to learn.  The NHF opposes these two bills as unconstitutional in their usurpation of States rights, far-too burdensome in their scope, wildly overbroad, largely unnecessary, and so discriminatory against small businesses as to be almost certainly intended deliberately to drive small food businesses out of the marketplace.  As with typical government action, these bills – if passed into law – would fail in their stated purpose as they would make food less safe, not safer.  Remember, the failed War on Cancer, the failed War on Drugs, the failing War on Terror were all launched by the Federal Government.  Are we so naïve as to think that centralizing food safety in the hands of the Federal government will be any different in result?

         It has already been a busy Congressional legislative year with the start of this 111th Congress.  The NHF‘s proactive representation with Congressional decision-makers will continue in concert with confronting FDA regulatory actions so as to protect health freedoms of choice.

H.R.875 Bill text-

S.425 Bill text-

Link to Sarah Foster article- “Will Congress Wipe Out Home Gardens, Grower Markets?” –



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As the oldest and best-respected health-freedom group on Capitol Hill, the NHF continues to be the credible source of objective assessment of, and proactive actions on, Congressional legislation and FDA matters that have material impact upon our freedom-of-health choices and access to dietary supplements and nutritional foods.


Click here for the permanent link to this press release, use this link to inform others.

National Health Federation: Established in 1955, the National Health Federation is a consumer-education, health-freedom organization working to protect individuals’ rights to choose to consume healthy food, take supplements and use alternative therapies without unnecessary government restrictions. The NHF is the only such organization with recognized observer-delegate status at Codex meetings.


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