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guess I can't grow my garden this year?
scottm21166
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If you have other valid/credible information to support such statements please share it with us. DD
FDA Food Safety Modernization Act H.R. 2751:
An act to amend the Federal Food, Drug, and Cosmetic Act with respect to the safety of the food supply.
This bill replaced S. 510, the original FDA Food Safety Modernization Act. On Sunday, December 19, the text of S. 510 replaced the original text of H.R. 2751, and the bill passed by voice vote. H.R. 2751, originally the Consumer Assistance to Recycle and Save Act, passed the House in June 2009 and was a "vehicle" for the passage of S. 510 in a House-originating bill because S. 510 was a revenue-raising bill. All revenue-raising bills must originate in the House.
Congressional Research Service Summary
The following summary was written by the Congressional Research Service, a well-respected nonpartisan arm of the Library of Congress. GovTrack did not write and has no control over these summaries.
11/30/2010--Passed Senate amended. (This summary will be expanded.) FDA Food Safety Modernization Act -
Title I - Improving Capacity to Prevent Food Safety Problems
Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to expand the food safety activities of the Secretary of Health and Human Services (HHS), including to authorize the Secretary to inspect records related to food. Exempts certain establishments that sell food directly to consumers, such as roadside stands, farmers markets or participants in a community supported agriculture program, from specified requirements of this Act. Requires each owner, operator, or agent in charge of a food facility to identify and implement preventive controls to significantly minimize or prevent hazards that could affect food manufactured, processed, packed, or held by such facility. Sets forth provisions governing exemptions from such requirements for certain facilities. Requires the Secretary to: (1) issue guidance documents to reduce the risk from the most significant foodborne contaminants; and (2) establish minimum standards for the safe production and harvesting of fruits and vegetables based on known safety risks. Authorizes the Secretary to issue exemptions and variances from such standards. Directs the Secretary to assess and collect fees related to: (1) food facility reinspection; (2) food recalls; (3) the voluntary qualified importer program; and (4) importer reinspection. Directs the Secretary to develop voluntary food allergy and anaphylaxis management guidelines for schools and early childhood education programs.
Title II - Improving Capacity to Detect and Respond to Food Safety Problems
Requires the Secretary to: (1) allocate resources to inspect facilities and imported food according to the known safety risks of the facilities or food; and (2) establish a product tracing system to track and trace food that is in the United States or offered for import into the United States. Requires the Secretary, acting through the Director of the Centers for Disease Control and Prevention (CDC), to enhance foodborne illness surveillance systems to improve the collection, analysis, reporting, and usefulness of data on foodborne illnesses. Gives the Secretary the authority to order a recall of an article of food.
Title III - Improving the Safety of Imported Food
Requires U.S. importers to perform risk-based foreign supplier verification activities to verify that imported food is produced in compliance with applicable requirements related to hazard analysis and standards for produce safety and is not adulterated or misbranded. Requires the Secretary to establish a program to expedite review and importation of food offered for importation by U.S. importers who have voluntarily agreed to participate in such program. Authorizes the Secretary to: (1) require a certification that an article of food imported or offered for import complies with applicable requirements of this Act; and (2) enter into arrangements and agreements with foreign governments to facilitate the inspection of registered foreign facilities. Requires food to be refused admission into the United States if permission to inspect the food facility is denied by the facility owner, operator, or agent or the foreign country. Sets forth provisions governing the establishment of a system to recognize bodies that accredit third-party auditors and audit agents to certify that foreign entities meet applicable FFDCA requirements for importation of food into the United States.
Title IV - Miscellaneous Provisions
Authorizes appropriations for FY2011-FY2015 for the activities of the Center for Food Safety and Applied Nutrition, the Center for Veterinary Medicine, and related field activities in the Office of Regulatory Affairs of the Food and Drug Administration (FDA). Directs the Secretary to increase the field staff of such Centers and Office. Establishes whistleblower's protections for employees of entities involved in the manufacturing, processing, packing, transporting, distribution, reception, holding, or importation of food who provide information relating to any FFDCA violation.
http://www.govtrack.us/congress/bill.xpd?bill=h111-2751
Good article and assessment on the bill
New Food Safety Laws: Food Safety Modernization Act (FSMA) - H.R. 2751http://www.usrecallnews.com/2010/12/new-food-safety-laws-food-safet...
Tags: bill, congress, duck, food, gardens, growing, home, lame, modernization, safety
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Replies to This Discussion
Permalink Reply by Stephen White 9 hours ago
We are already seeing the overreach of the FDA with the raw milk case against the Pennsylvania Amish dairy farmer. Any additional powers given to the FDA do nothing but further the 'big government' takeover of all aspects of American life. Atlas Shrugged indeed.
Steve
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Permalink Reply by Mindy 9 hours ago
If you trade or give your food away, or sell it at farmers markets, you are)under this bill) no longer considered growing for personal consumption which puts you in a category as a Community Supported Agriculture supplier, or so you forget what it actually means CSA's for short. This is a whole world of difference because now your food has to be "traceable" That means if your neighbor little sally walker has a tummy ache, you need to be held accountable for giving her those bacteria laden zucchinis. (What it really means is a drive to the freshly built State Agriculture Office, to talk to the ladies who got promoted from the DMV to fill out a stack of paperwork the size of War and Peace, pay a handy little "CSA Liscensing fee" plus all the taxes and stuff of course, agree to surprise inspections, OH, and don't forget that dollar to the blabbity blabb fund. By the way would you like to register to vote sir?) I suppose amendments may have taken care of the areas of concern, but the first part of this post explains what one concern was. Many enjoy buying at Farmer's Markets and the bill at one time interfered with that.
#9658; Reply
Permalink Reply by Walter Heitman 9 hours ago
Just think of the benefit though. If you grow your own veggies you will ba able to appley for farm loans and even if your "crop" of radishes is wormy you will qualify for a $50,000 loan that you have no intention of paying back and the government has no intention of sending out bill collectors. That is if you qualify under affirmative action or upward mobility.
#9658; Reply
Permalink Reply by Marianne Hart 9 hours ago
It was in there but as I remember was taken out. I had read it myself and it was worded as such... that anyone growing a garden other than for the purpose of their own use would be considered trading in produce. And it also mentioned that the produce could not be shared with neighbors, friends, family. But like I said they took it out at some point.
#9658; Reply
Permalink Reply by Robert M 35 minutes ago
The whole damned bill needs to be "taken out."
#9658; Reply
Permalink Reply by Marianne Hart 9 hours ago
I think the one you are showing is the one they voted on before removing the indivdual garden clause.
#9658; Reply
Permalink Reply by Don D. 9 hours ago
I would not be surprised if the democrats put it back in at the last minute. That's a favorite trick they love to use on unpopular legislation and most of the time Republicans let them get away with it. Or if they can't do that they keep it handy as an amendment to an unrelated bill.
#9658; Reply
Permalink Reply by Mindy 9 hours ago
http://www.healthfreedomusa.org/?p=7682
A source of info from December, 2 010.
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Permalink Reply by Darla Dawald, National Director 9 hours ago
Mindy this was prior to the article I added at the bottom of the text above...
this was after it was all done... and changed to H.R. 2751
New Food Safety Laws: Food Safety Modernization Act (FSMA) - H.R. 2751http://www.usrecallnews.com/2010/12/new-food-safety-laws-food-safet...
#9658; Reply
Permalink Reply by Darla Dawald, National Director 9 hours ago
Today someone on facebook again pointed out no home gardens..I have seen it here numerous times.....it just doesn't say that...selling at a corner or farmers market means public consumption... so they are say that makes you subject to search and records... water table not being downhill from a pig farm and the water infected with ecoli...
But I can grow my own garden and give it away to friends... no charge. We must educate people it doesn't look good for conservatives out there telling everyone the new law says you cannot grow your own garden.
#9658; Reply
Permalink Reply by Viking2 9 hours ago
Darla,
Do we really want the feds preventing the local farm stand from selling fresh anything? Amazing how I grew up to be 72 years of age eating from the local vegetable stands. Just another over reach of the Feds where thay have no compelling interest.
#9658; Reply
Permalink Reply by Darla Dawald, National Director 8 hours ago
Viking, Not saying I agree with the bill....simply saying people are repeating misinformation on the bill. This was passed during lame duck session...I get that it was a bill we did not want..we all fought it...
We still have a responsibility to share credible news and facts!
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quote:Originally posted by scottm21166
http://www.patriotactionnetwork.com/forum/topic/show?id=2600775:Topic:3746630&xgs=1&xg_source=msg_share_topic
I don't mean to be harsh, but if you cannot read the law properly, then don't plant a garden.
But don't blame anybody else if you starve.
I share my garden with my parents and let the neighbor kids sell some excess produce at their neighborhood stand in exchange for pulling weeds. SOI I understand the law doe mot prevent me from growing a garden for my own use but if I don't share barter trade or exchange some of it, it will go to waste. Every year I give boxes of apples and pears away because I cannot eat them all/ One guy gets the dropped app;es and pears and brings me a couple gallons of cider, that can't happen under this law. My best friends mom uses some apples to bake pies, I always get a few of those.
More than that, I am concerned about the people who like getting organically grown, local, fresh produce thru the farmers markets and roadside stands. During Berry season, there are more fruit stands than coffee huts in our county because people drive miles to come here for fresh berries and produce.
Once again, this is a law that makes it harder for us to take care of ourselves and more reliant on government controlled food stuffs. Remember I read every new law with the book of revelation in the back of my mind and specifically that part that talks about how no one will be able to buy or sell food with out the mark. you don't have to believe in god to believe in prophecy just like you don't have to believe in prophecy to believe in god.
Don't rain on our conspiracy...
quote:Originally posted by scottm21166
quote:Originally posted by Barzillia
quote:Originally posted by scottm21166
http://www.patriotactionnetwork.com/forum/topic/show?id=2600775:Topic:3746630&xgs=1&xg_source=msg_share_topic
I don't mean to be harsh, but if you cannot read the law properly, then don't plant a garden.
But don't blame anybody else if you starve.
I share my garden with my parents and let the neighbor kids sell some excess produce at their neighborhood stand in exchange for pulling weeds. SOI I understand the law doe mot prevent me from growing a garden for my own use but if I don't share barter trade or exchange some of it, it will go to waste. Every year I give boxes of apples and pears away because I cannot eat them all/ One guy gets the dropped app;es and pears and brings me a couple gallons of cider, that can't happen under this law. My best friends mom uses some apples to bake pies, I always get a few of those.
More than that, I am concerned about the people who like getting organically grown, local, fresh produce thru the farmers markets and roadside stands. During Berry season, there are more fruit stands than coffee huts in our county because people drive miles to come here for fresh berries and produce.
Once again, this is a law that makes it harder for us to take care of ourselves and more reliant on government controlled food stuffs. Remember I read every new law with the book of revelation in the back of my mind and specifically that part that talks about how no one will be able to buy or sell food with out the mark. you don't have to believe in god to believe in prophecy just like you don't have to believe in prophecy to believe in god.
No, it does nothing of the sort.
That is what I am trying to say.
Read away, but read with understanding.
Check some of this stuff before coming to odd conclusions and posting from sites that are ....well, a bit sensational, shall we say ?
The law applies to those involved in commerce. What you describe neither crosses state lines, or is probably involved in commercial farming.
if you are that concerned, do some fact checking.
Call your local farm agent.
If you sell any of your food, you are technically involved in commerce. If you are a small farmer who grows with the intention of selling all your products locally, you are involved in commerce. The latter is who this bill is aimed at putting out of business for the benefit of big agricultural corporations (Monsanto) who pay the criminals in DC.
No, it does nothing of the sort.
That is what I am trying to say.
Read away, but read with understanding.
Check some of this stuff before coming to odd conclusions and posting from sites that are ....well, a bit sensational, shall we say ?
The law applies to those involved in commerce. What you describe neither crosses state lines, or is probably involved in commercial farming.
if you are that concerned, do some fact checking.
Call your local farm agent.
Barz, what in the world makes you ALWAYS assume that a new law/regulation will only ever be used benevolently? How can you deny history so blatently? It's absurd.
quote:Originally posted by Barzillia
quote:Originally posted by scottm21166
quote:Originally posted by Barzillia
quote:Originally posted by scottm21166
http://www.patriotactionnetwork.com/forum/topic/show?id=2600775:Topic:3746630&xgs=1&xg_source=msg_share_topic
I don't mean to be harsh, but if you cannot read the law properly, then don't plant a garden.
But don't blame anybody else if you starve.
I share my garden with my parents and let the neighbor kids sell some excess produce at their neighborhood stand in exchange for pulling weeds. SOI I understand the law doe mot prevent me from growing a garden for my own use but if I don't share barter trade or exchange some of it, it will go to waste. Every year I give boxes of apples and pears away because I cannot eat them all/ One guy gets the dropped app;es and pears and brings me a couple gallons of cider, that can't happen under this law. My best friends mom uses some apples to bake pies, I always get a few of those.
More than that, I am concerned about the people who like getting organically grown, local, fresh produce thru the farmers markets and roadside stands. During Berry season, there are more fruit stands than coffee huts in our county because people drive miles to come here for fresh berries and produce.
Once again, this is a law that makes it harder for us to take care of ourselves and more reliant on government controlled food stuffs. Remember I read every new law with the book of revelation in the back of my mind and specifically that part that talks about how no one will be able to buy or sell food with out the mark. you don't have to believe in god to believe in prophecy just like you don't have to believe in prophecy to believe in god.
No, it does nothing of the sort.
That is what I am trying to say.
Read away, but read with understanding.
Check some of this stuff before coming to odd conclusions and posting from sites that are ....well, a bit sensational, shall we say ?
The law applies to those involved in commerce. What you describe neither crosses state lines, or is probably involved in commercial farming.
if you are that concerned, do some fact checking.
Call your local farm agent.
If you sell any of your food, you are technically involved in commerce. If you are a small farmer who grows with the intention of selling all your products locally, you are involved in commerce. The latter is who this bill is aimed at putting out of business for the benefit of big agricultural corporations (Monsanto) who pay the criminals in DC.
+1
Barz, if a shoestring can be construed as a "machine gun" then what makes you think if you trade/sell food that it will not be considered "commerce".
Commerce is defined by a dictionary as:
-noun
an interchange of goods or commodities, especially on a large scale between different countries (foreign commerce) or between different parts of the same country (domestic commerce); trade; business.
Origin:
1530-40; < Middle French < Latin commercium, equivalent to commerc ( ?r? ) to trade together ( com- com- + merc?r? to buy, deal, derivative of merc-, stem of merx goods) + -ium -ium
It would NOT be a far stretch to belive that this law targets ANYONE that engages in trading/selling food.
I have read comments by individuals stating that this bill will not allow you to grow your own food... I have not been able to find anything alluding to that statement within the bill.
If you have other valid/credible information to support such statements please share it with us. DD
Very big Bold letter at the very start of the article.
I have read comments by individuals stating that this bill will not allow you to grow your own food... I have not been able to find anything alluding to that statement within the bill.
If you have other valid/credible information to support such statements please share it with us. DD
If you sell any of your food, you are technically involved in commerce. As it has been pointed out by others, it is common practice to share / barter / sell no matter how small a "garden" you have because they usually yield too much for one family. So technically, you can be screwed with under this bill if you are just about anybody. However unlikely that may be.
I do agree that this bill is aimed at farmers who grow with the intention of pure commerce though.
If you are a small farmer who grows with the intention of selling all your products locally, you are involved in commerce. This bill is aimed at putting small farmers out of business for the benefit of big agricultural corporations (Monsanto) who pay the criminals in DC.
It also does this under the false assumption there is a need for the small operations to endure this kind of oversight. The fact is most of the problems with food quality issues stem from the super large industrial food suppliers not your mom and pop operations. This bill opens the door to future encroachment of prohibitively expensive regulation which only super large corporate suppliers could withstand.
While right now many small farm operations are exempt it will only take a very mild dose of inflation to cross the dollar line and render them subject to a host of unnecessary restrictions. Many of the suppliers to my local food coop will be victimized by this bill. You think it is expensive to buy local organic produce now just wait until this bills effects are added in.
Complete control of your food supply is the objective and if they get it you will be their slave in every sense of the word.
OK people reread it and quit being chicken little. From what I read of it, it does not affect small people but only larger producers. The bad part is I wonder if they will enforce this same food saftey on imported foods also. Not every country follows our banned chemical list.
Requires the Secretary to: (1) allocate resources to inspect facilities and imported food according to the known safety risks of the facilities or food; and (2) establish a product tracing system to track and trace food that is in the United States or offered for import into the United States. Requires the Secretary, acting through the Director of the Centers for Disease Control and Prevention (CDC), to enhance foodborne illness surveillance systems to improve the collection, analysis, reporting, and usefulness of data on foodborne illnesses. Gives the Secretary the authority to order a recall of an article of food.
Title III - Improving the Safety of Imported Food
Requires U.S. importers to perform risk-based foreign supplier verification activities to verify that imported food is produced in compliance with applicable requirements related to hazard analysis and standards for produce safety and is not adulterated or misbranded. Requires the Secretary to establish a program to expedite review and importation of food offered for importation by U.S. importers who have voluntarily agreed to participate in such program. Authorizes the Secretary to: (1) require a certification that an article of food imported or offered for import complies with applicable requirements of this Act; and (2) enter into arrangements and agreements with foreign governments to facilitate the inspection of registered foreign facilities. Requires food to be refused admission into the United States if permission to inspect the food facility is denied by the facility owner, operator, or agent or the foreign country. Sets forth provisions governing the establishment of a system to recognize bodies that accredit third-party auditors and audit agents to certify that foreign entities meet applicable FFDCA requirements for importation of food into the United States.
Exempts certain establishments that sell food directly to consumers, such as roadside stands, farmers markets or participants in a community supported agriculture program, from specified requirements of this Act.
OK people reread it and quit being chicken little. From what I read of it, it does not affect small people but only larger producers. The bad part is I wonder if they will enforce this same food saftey on imported foods also. Not every country follows our banned chemical list.
So that's okay with you??? lol, well that major issue aside, it can and will be used as a tool against ANYBODY for ANY reason. The feds don't make laws they can't abuse! C'mon![:(!]
If you can't reach a logical conclusion from historical data, you will continue committing the error. No?
Junior Member
Is his how you were taught you to express yourself? Seems as if your Vocabulary needs a boost.[:(][:(]
150 Posts
Posted - 05/01/2011 : 10:37:01 AM
F**CK them a.s.s. holes !!!!! I buy what i want where i want and how i want !! What they need to do is take a bent knee and suck my D..K!!!! Im so sick of this gov. its not even funny!!
quote:Originally posted by jpwolf
I merely KNOW how govt operates, and have NO reason to assume "it will be different, this time". You?
Me ? I know how all governments of men ultimately operate. So what does that have to do with my comments so far ?
If you can't reach a logical conclusion from historical data, you will continue committing the error. No?
It all depends.
And if one persists in confabulating the truth, then one becomes known as untrustworthy and untruthful. No ?
Please do not extend my comments to areas in which I have not addressed.
I said that the original post is not accurate.
Why can't you just agree that is the case, and leave it at that ?
I can only agree to the extent that if you fail to extrapolate that logical conclusion, then the OP on it's face, is inaccurate. We then defer to "judgement", and mine tells me that it, like all other fed laws, will be abused beyond any reasonable original intent.
edit for typos