S. 3002 Dietary Supplement Safety Act of 2010

We the people are the rightful masters of both Congress and the courts, not to overthrow the Constitution but to overthrow the men who pervert the Constitution. Abraham Lincoln

I’ve said it before, McCain is a nasty individual.  Born in greed, clothed in deceit, this foul mouthed Senator has no conscience and most certainly has failed in upholding his oath to the Constitution.  He will do anything for the almighty dollar, including selling out those he is sworn to honor and protect.  His latest bill is proof positive of what a greedy bastard he is.  This traitor to our Constitution and free society needs to be terminated from his seat in the Senate.

I was getting worried about S. 3002.  While I was reading much about it, the bill itself was not up on Govtrack to view and analyze.  I was beginning to wonder if the bill would stay hidden from view and we would have to take other agencies word for what it meant.

My greatest concern with this bill is that it will make nutritional supplements illegal.  When will Congress come back to order and actually work for us again?  Probably not until we shake their shady tree and send a bunch of them packing!

Is this a face you can trust?

Let’s take a look at McNasty’s bill and see what it says in depth.  The very first thing of note is the wording.  Be very careful when you see language like this!

SEC. 2. AMENDMENTS TO THE FEDERAL FOOD, DRUG, AND COSMETIC ACT.

(a) Definitions- Section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321) is amended by adding at the end the following:

(ss) Dietary Supplement Facility- The term ‘dietary supplement facility’ means any business or operation engaged in manufacturing, packaging, holding, distributing, labeling, or licensing a dietary supplement for consumption in the United States.’.

The first thing I wanted to know was what was the code that was referred to in this paragraph of the bill.  I hate it when they do this because you have to look things up in order to place them in context.  Here it is:

§ 342. Adulterated food

A food shall be deemed to be adulterated—
(a) Poisonous, insanitary, etc., ingredients
(1) If it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance such food shall not be considered adulterated under this clause if the quantity of such substance in such food does not ordinarily render it injurious to health

(2)

(A) if it bears or contains any added poisonous or added deleterious substance (other than a substance that is a pesticide chemical residue in or on a raw agricultural commodity or processed food, a food additive, a color additive, or a new animal drug) that is unsafe within the meaning of section 346 of this title; or

There is a long list of things here however, the most noteworthy is the fact that pesticides are EXCLUDED as a poisonous substance even though we KNOW that pesticides are poison and can and DO KILL.  Does that seem right to you?  It sure doesn’t sound right to me.  Just another example of that the Fraud and Death Administration, (aka FDA), has been bought off by those such as Monsanto with their roundup ready poison GMO, (genetically modified organisms),  crops in order to have pesticides specifically excluded from poisonous or deleterious substances.  Do you REALLY believe that Monsanto’s roundup ready crops are benign?  Their very DNA has the pesticide in it!

So, how does that relate to food supplements? And what, exactly, IS a food supplement? Click the link to find out.  Supplements have NEVER contained poison. In fact, they are to increase nutrition because we don’t get enough in our daily diets.  The fraud and death administration adds poison regularly to out water supply in the form of fluoride. Fluoride is the substance which makes up rat poison. It is also known to cause premature aging and a host of other extreme health hazards and yet it is forced upon us by this same fraud and death agency…

The second thing I wanted to know was what did deleterious substance mean? We don’t see that often in our day to day lives. So I looked up the code listed in the text. Here is what it means according to the fraud and death agency aka FDA:

This booklet lists action levels established by the Food and Drug Administration (FDA) for poisonous or deleterious substances in human food and animal feed. Action levels for poisonous or deleterious substances are established by the FDA to control levels of contaminants in human food and animal feed.

Action levels and tolerances are established based on the unavoidability of the poisonous or deleterious substances and do not represent permissible levels of contaminantion where it is avoidable. The blending of a food or feed containing a substance in excess of an action level or tolerance with another food or feed is not permitted, and the final product resulting from blending is unlawful, regardless of the level of the contaminant.

Action levels and tolerances represent limits at or above which FDA will take legal action to remove products from the market. Where no established action level or tolerance exists, FDA may take legal action against the product at the minimal detectable level of the contaminant.

< sarc > Oh yes, I feel much better now!< /sarc >  But I digress.  On with the examination of this bill and McNasty’s meddling where he and Congress do not belong.  It is only because Big Pharma is paying so heavily that this bill is even coming up.  If we can’t get supplements we will be forced to go to big pharma for things the earth now gives us.  We need to stop this practise of big corporations deciding for us what we can and cannot have in our lives.  In a free country this is a matter for each individual to decide, NOT the government which consistently makes horrendous decisions!  And, more directly, Congress needs to remember WHO THEY WORK FOR!  Time to vote these low-lifes out of office.

The bill goes on to amend the current Food Drug and Cosmetic Act to include food supplements and, of course, to make them register with the Secretary.  Can you say cost increased passed on to us?  Government stealing from us again when they have; 1) No right to infringe on our ability to buy these supplements; 2) trust an agency that has proven itself incompetant, bought, and taking bribes; 3) NOT in any way proven they can even do the job right; 4) been known to have people who use revolving doors to approve or disapprove products for consumers that they are biased about and have special interests in!  No thanks!

One thing of interest in all this is the following clause in the Food, Drug and Cosmetic Act:

21 USC 342 Adulterated Food

Tue, 12/22/2009 – 15:18 — caselaw A food shall be deemed to be adulterated
(a) Poisonous, insanitary, etc., ingredients

(1) If it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance such food shall not be considered adulterated under this clause if the quantity of such substance in such food does not ordinarily render it injurious to health

This one clause seems to nullify all that McNasty is trying to do for Big Pharma. Most food supplements are natural or naturally curring compounds. I don’t know if or how this will apply to the current bill or if this is just another license to abuse the law.  Not only is it outright thievery, but it is yet another attempt by the federal government to abolish free enterprise, limit your choices, and make it harder and harder to have healthy alternatives to those products already sanctioned by the fraud and death department!  This bill MUST NOT PASS!

The next part of the bill which is of interest is the new section which is titled:

Sec. 413. [21 USC §350b] New Dietary Ingredients

(a) IN GENERAL.—A dietary supplement which contains a new dietary ingredient shall be deemed adulterated under section 402(f) unless it meets one of the following requirements:

(1) The dietary supplement contains only dietary ingredients which have been present in the food supply as an article used for food in a form in which the food has not been chemically altered.

(2) There is a history of use or other evidence of safety establishing that the dietary ingredient when used under the conditions recommended or suggested in the labeling of the dietary supplement will reasonably be expected to be safe and, at least 75 days before being introduced or delivered for introduction into interstate commerce, the manufacturer or distributor of the dietary ingredient or dietary supplement provides the Secretary with information, including any citation to published articles, which is the basis on which the manufacturer or distributor has concluded that a dietary supplement containing such dietary ingredient will reasonably be expected to be safe.

The Secretary shall keep confidential any information provided under paragraph (2) for 90 days following its receipt. After the expiration of such 90 days, the Secretary shall place such information on public display, except matters in the information which are trade secrets or otherwise confidential, commercial information.

(c) DEFINITION.—For purposes of this section, the term ‘‘new dietary ingredient’’ means a dietary ingredient that was not marketed in the United States before October 15, 1994 and does not include any dietary ingredient which was marketed in the United States before October 15, 1994.

In other words any supplement brought to the market AFTER October 15, 1994 is subject to this clause. In order for the fraud and death department to actually enforce this clause they would have to hire an additional 10,000 employees. Nor can the office of the secretary actually enforce or keep up with any of this. To enforce a law that the department can’t even read fully is insane. The is another instance of the federal government making a grab for power it doesn’t have any right to!

And the ramifications of the following clause are horrifying!

(2) in subsection (c), by striking ‘was not marketed in the United States before October 15, 1994 and does not include any dietary ingredient which was marketed in the United States before October 15, 1994’ and inserting ‘is not included on the list of ‘Accepted Dietary Ingredients, to be prepared, published, and maintained by the Secretary’; and

And, of course, all the burden of keeping records falls on the seller, NOT the fraud and drug administration or the Secretary which requires the information in the first place. And it gets worse!

‘(d) Maintaining Substantiation File- Any person submitting information to the Secretary under subsection (a) shall create and maintain a scientifically reasonable substantiation file relating to the claim that the dietary ingredient or dietary supplement will reasonably be expected to be safe. The substantiation file shall be prepared and maintained in such form and manner as the Secretary may prescribe and shall be available for review and inspection by the Secretary upon request.

‘(e) Evidence of Compliance- A dietary supplement facility or retailer shall, prior to manufacturing, packaging, holding, distributing, labeling, or licensing the dietary supplement, obtain adequate written evidence from the preceding responsible entity in the chain of commerce that the product is registered as required by section 415 and that the requirements of subsection (a) have been met. Such facility or retailer shall maintain such evidence of compliance for review and inspection by the Secretary upon request.’.

It is simply unreasonable for the federal government to insinuate itself in this way. Freedom to choose, freedom to buy, freedom to distribute, all these are in serious jeopardy here.  The fraud and death administration allows drugs on the market which have side effects including the possiblity of death and yet they want to make it impossible for us to purchase supplements!  There is simply no good reason to allow this bill to pass.  It does nothing but burden We the People while allowing an incompetant agency to use bias and revolving door tactics to make it impossible for us to acquire our supplements.  Just say NO, loudly and long!

What can we do?  We can sign the following petition and contact those in this committee to let them know how we feel about this invasion of commerce, invasion of privacy, and irresponsibility of those in the FDA.

Advocacy Action

Fill out the form at the bottom of the page.  This will send an email to your Congressmen/Women

Watch this short video to get informed

TheTruth’ About Codex AlimentariusMake up your own

Be afraid, be VERY AFRAID!

Check out Codex Alimentarius

Contact John McCain’s campaign and let them know if  S. 3002 is not withdrawn he will not see another year in the Senate.

John McCain 2010
1702 E. Highland Avenue, #101
Phoenix, AZ 85016
Phone: 602-604-2010
Fax: 602-274-0944

Read this article to gain a different perspective:

He’s No Supplement Maverick

Contact the committee which is reviewing the legislation:

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~ by justmytruth on February 19, 2010.

5 Responses to “S. 3002 Dietary Supplement Safety Act of 2010”

  1. Very good article indeed.

  2. I have read some posts and i am going to add this blog to my RSS feed reader.

  3. I’m glad you enjoyed the article. Thanks for stopping by.

  4. Thanks for your reseach. I hope that this bill DIES. – Nels10

  5. I hope so also. It is a shame what passes for intelligence these days where Congress is concerned. Sorry to say but McCain is one of my Senators!

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