Stop H.R.2749 Food Safety Enhancement Act of 2009

A wise and frugal government, which shall leave men free to regulate their own pursuits of industry and improvement, and shall not take from the mouth of labor the bread it has earned - this is the sum of good government. Thomas Jefferson

A wise and frugal government, which shall leave men free to regulate their own pursuits of industry and improvement, and shall not take from the mouth of labor the bread it has earned - this is the sum of good government. Thomas Jefferson

We have seen just how inept the FDA is to either police itself or ensure the safety of our food.  Now they want to expand this decrepit and self-serving agency.  It isn’t bad enough that they have failed miserably to ensure the safety of our food, but when they started to label Cheerios as a drug, I had to wonder if everyone there is taking drugs that aren’t on the regular market.

Now, Congress wants to expand this agency!  As if that is going to improve the safety of our food and drugs!  Did Congress take their stupid pill in mega doses?  Must have!  H.R.2749 has got to be stopped!  With the utter failure of the FDA to make sure that the food entering this country is safe, just how are they going to do even more?  Maybe if they hired 10,000 more employees they might get a handle on the ports and borders and put enough agents in the field to START showing they are worth having, but that isn’t likely to happen now is it?  The federal government just isn’t that into making sure American Citizens are safe.

The goal of this bill seems to be the elimination of food production by family owned farms across these united States.

And this is another absolute monster bill!  One of those that will take the reader an hour at least to read.  Think Congress is going to take the time?  Of course not!  These people are the laziest in the world.  The laws don’t seem to apply to them so they will continue to pass. or try to pass, the most outrageous and stupefying of bills.

TITLE I–FOOD SAFETY

Subtitle A–Prevention

SEC. 101. CHANGES IN REGISTRATION OF FOOD FACILITIES.

(a) Misbranding- Section 403 (21 U.S.C. 343) is amended by adding at the end the following:

‘(z) If it was manufactured, processed, packed, or held in a facility that is not duly registered under section 415, including a facility whose registration is canceled or suspended under such section.’.

The bill then goes on to talk about *fees* that you will have to pay the FDA. Now, we already know this agency is run by special interest. They don’t give a hoot for your health or mine.   Like a sales tax, they take and take and take without us ever seeing any real benefit. They have no power to order foods that are tainted to be withdrawn from the market, they can only request that this be done. So, why in the world, would we want to pay them even more money? What makes this agency deserve even one penny when their very policies harm We the People? But the government wishes to grow beyond all its boundaries and poke into every little nook and cranny of our lives. So, an expanded FDA under the guise of H.R. 2749 will not improve our food system, but will instead, run farmers off their land!

Now, if you read Subtitle A–Prevention SEC. 101. CHANGES IN REGISTRATION OF FOOD FACILITIES, you might think this is about preventing bad foods from getting on the market or into our food supply. You would be sadly mistaken! This part of the bill is all about FEES! It is about a description of what the sponsors think should be in the codes for financial purposes. Nothing here is to prevent bad food from getting to the market!

And then we have even more information on what fees and when:

‘PART 6–FEES RELATING TO FOOD

‘SEC. 743. FACILITY REGISTRATION FEE.

Yup, fees and more fees and their descriptions and applications and yadda, yadda, yadda. One begins to think this is all this bill is about, extorting money from the farmers who will then pass it along to the consumers.  The kicker here is that the fee amount will be set at $1,000.00 for fiscal year 2010! Someone help me out here a moment, shouldn’t those getting a fee for something actually DO something???  This is just more fleecing of America.

And in 2011, the fees are adjusted UP again.  So figure that every year these fees are going to increase.  Soon food will be so expensive that no one will be able to buy it.  Every farmer will go out of business and your health and mine will go out the window.  We’ll be so sick with chemically treated and radiated food that we will all need that (LOL), *health care* Obama is so fired up about! I found this next section to be particularly interesting. Remember, the FDA will be garnering fees to perform its duties…

SEC. 418. HAZARD ANALYSIS AND RISK-BASED PREVENTIVE CONTROLS.

‘(a) In General- The owner, operator, or agent of a facility shall, in accordance with this section–

‘(1) conduct a hazard analysis (or more than one if appropriate);

‘(2) identify, implement, and validate effective preventive controls;

‘(3) monitor preventive controls;

‘(4) institute corrective actions when monitoring shows that preventive controls have not been properly implemented or were ineffective;

‘(5) conduct verification activities;

‘(6) maintain records of monitoring, corrective action, and verification; and

‘(7) reanalyze for hazards.

‘(b) Identification of Hazards-

‘(1) IN GENERAL- The owner, operator, or agent of a facility shall evaluate whether there are any hazards, including hazards due to the source of the ingredients, that are reasonably likely to occur in the absence of preventive controls that may affect the safety, wholesomeness, or sanitation of the food manufactured, processed, packed, transported, or held by the facility, including–

‘(A) biological, chemical, physical, and radiological hazards, natural toxins, pesticides, drug residues, filth, decomposition, parasites, allergens, and unapproved food and color additives; and

‘(B) hazards that occur naturally, may be unintentionally introduced, or may be intentionally introduced, including by acts of terrorism.

Can someone please tell me where in here the FDA does ANYTHING to get the fees they require? This is all put on the backs of the farmers, processors, and sellers of the foods. All the FDA would do is read the paperwork, if even that! So WHY would we give them money??? Am I stoned here or did I misread something?  This is all self monitoring.  At no point does the FDA do a damn thing! The FDA doesn’t even issue guidelines for food safety.  That comes from the Secretary of Health and Human Services.  So please tell me why the hell one penny should go to an agency that doesn’t do squat for us???  Because I really want to know what the justification is for this crap.

By the way, we are about 1/3 of the way down the bill now.  I’ve yet to see one thing that improves anything about food safety in this bill so far.

The next section deals with fresh vegetables and salad greens or peppers and such:

SEC. 104. SAFETY STANDARDS FOR FRESH PRODUCE AND CERTAIN OTHER RAW AGRICULTURAL COMMODITIES.

(a) Adulterated Food- Section 402 (21 U.S.C. 342), as amended by sections 102(a) and 103(a), is amended by adding at the end the following:

‘(l) If it has been grown, harvested, packed, sorted, transported, or held under conditions that do not meet the standards established under section 419A.’.

(b) Standards- Chapter IV (21 U.S.C. 341 et seq.), as amended by sections 102(b) and 103(b), is amended by adding at the end the following:

No one is going to be exempted from obeying the rules of this law. But I would surely like to know if it is even Constitutional since the fees go to an agency that doesn’t do a thing to earn them. Perhaps the FDA is now going to be the fee earner for the other agencies? Cuz it sure doesn’t do squat on this bill.

The current Secretary of Health and Human Services is Kathleen Sebelius.  From what I can gather, she has zero experience in the areas of health, let alone human services.  She is a politician and that is the extent of her qualifications.  Read for yourself at the link provided.  And that makes 2 worthless previous governors to Obama’s cabinet…  Yet this is the person who will set forth procedures and policies that all farmers must obey or lose their registration permits.  Hummmmmmmmmmmmmmmmm… Check out the following:

‘(2) may include, with respect to growing, harvesting, packing, sorting, transporting, and storage operations, minimum standards for safety as the Secretary determines to be reasonably necessary;

‘(3) may include standards addressing manure use, water quality, employee hygiene, sanitation and animal control, and temperature controls, as the Secretary determines to be reasonably necessary;

‘(4) may include standards for such other elements as the Secretary determines necessary to carry out subsection (a);

Standards addressing manure use??? Does the current Secretary have a clue about manure? I think not. So how can this person, or any other in this position, ever make reasonable decisions where farming and produce or animals is concerned? I really want to know.  Because as far as I can see she has ZERO qualifications that would enable her to do this job credit or in any way make valid decisions.  Now, if they put a farmer in charge, I’d quit bitching.

The Secretary of Health and Human Services MAY co-ordinate with the Secretary of Agriculture to see that things get done.  Guess what?  The Secretary of Agriculture is totally clueless about his job too!  Read Here: So, 2 utterly clueless fools are in charge of our food and our lands?  Call me crazy, but this is bullshit if you ask me!

And then we have this bit which makes  utterly no sense to me at all:

(b) Reports on Risk-Based Inspections of Food Facilities-

(1) ANNUAL REPORT- Not later than December 31 of each year, the Secretary of Health and Human Services shall submit a report to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate describing–

(A) the number of foreign and domestic facilities, by risk category, inspected under the risk-based inspection schedule established under section 704(h) of the Federal Food, Drug, and Cosmetic Act, as added by subsection (a), in the preceding 12 months; and

(B) the costs of implementing the risk-based inspection schedule for the preceding 12 months.

(2) THIRD-YEAR REPORT- Not later than 3 years after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit a report to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate describing recommendations on the risk-based inspection schedule under section 704(h) of the Federal Food, Drug, and Cosmetic Act, as added by subsection (a), including recommendations for–

(A) adjustments to the timing of the schedule and other ways to increase the efficiency of inspections in order to enable the Food and Drug Administration to conduct more inspections; and

(B) other methods to contribute to assuring the safety of food.

Just who are these committee members that this agency reports to? How does giving this report improve anything? Are you starting to see just how bogus this bill is?? But wait, it gets better!

(c) Tracing System for Food-

‘(1) IN GENERAL- The Secretary shall by regulation establish a tracing system for food that is located in the United States or is for import into the United States. Such regulations shall require each person who produces, manufactures, processes, packs, transports, or holds such food

‘(A) to maintain the full pedigree of the origin and previous distribution history of the food;

‘(B) to link that history with the subsequent distribution history of the food;

‘(C) to establish and maintain a system for tracing the food that is interoperable with the systems established and maintained by other such persons; and

‘(D) to use a unique identifier for each facility owned or operated by such person for such purpose, as specified under section 911.

Once again the whole thing is placed on the farmer or producer to work out, enforce, and comply with arbitrary rules some flunky who doesn’t know her head from a hole in the ground decides on. Are you impressed? Oh, I am not either. Congress is outdoing themselves with this one.

To tell congress NO click on this link:

Let your voice be heard of forever remain silent as you go hungry, as your children starve, as farmers and farms go out of business.  The bill currently sits in these committees:

House Energy and Commerce — Bill Text Revised
House Energy and Commerce, Subcommittee on Health — Bill Text Revised — Bill Reported Out

We must stop this bill from ever getting out of the respective committees.  This is a bad bill, a horrible bill.

And while you are at it, Fire these Congressmen/women!

Rep. John Dingell [D-MI15]

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~ by justmytruth on June 22, 2009.

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