Feds May License/Control Roadside Vegetable Stands and Home Breadmaking

It appears total socialist control will include bread baked in home ovens as well as selling tomatos in front of your house. Here is an excerpt on the Congressional bill moving forward. Please follow the link to learn more (it gets worse) and sign a petition if you think it will do any good. Here is a Q & A.

Q3:  I have a garden and sell produce at a road-side stand on my property.  Would HR 2749 apply to me?

A3:  Yes, you would now have to follow federally-established standards for growing produce. [3a] Produce not grown as required by these standards would be considered as adulterated under the Federal Food, Drug and Cosmetic Act (FFDCA). [3b] Further, you would be required to make your business records available to FDA inspectors. [3c] The inspectors would have the power to show up unannounced without a warrant to search your records without any evidence whatsoever that you have committed a violation of the law.  If you refuse to let the inspector see your records, you would be guilty of adulteration under FFDCA. [3d]

• [3a]  Section 104(b)–pp. 38-41
• [3b]  Section 104(a)–p. 38
• [3c]  Section 106(a)–p. 48
• [3d]  Section 207(a)–pp. 119-120

Q4:  I sell produce from my garden at a local farmers market, under HR 2749 would I have to register as a “food facility” with FDA?

A4:   Farms are exempt from the registration requirement under current law. [4a]  HR 2749 would not eliminate this exemption.  “Farm” is narrowly defined under current regulations [4b]; so, it is possible that many farms that have not registered in the past, could be required to do so if FDA has more resources at its disposal to enforce registration.

For example, a farm that sells vegetables straight from the garden (i.e., no processing) would not be a “food facility”.  If FDA strictly interprets the definition of “farm”, a farm that sells canned vegetables at the market would be a “food facility” because canning is considered “processing” under the law. [4c]  Under federal regulation, a farm that processes food would not be considered a “farm” for purposes of the registration requirement unless ALL of the processed food is consumed ON the farm. [4d]

Under HR 2749, those who sell vegetables from the garden at farmers markets would be required to follow federal standards for growing produce [4e]; and their business records would be subject to random warrantless searches by FDA inspectors even if the agency has no evidence of any violation of the law.  [4f–see Q3/A3 above]

• [4a]  21 USC 350d
• [4b]  21 CFR 1.227(3)
• [4c]  21 CFR 1.227(6)
• [4d]  21 CFR 1.227(3)
• [4e]  Section 104(b)–pp. 38-41
• [4f]  Section 106(a)–p. 48

Q5:  I own a bakery and sell my goods at a local farmers market, how would HR 2749 apply to me?

A5:  HR 2749 would apply to you in the following ways:

1. Your bakery would qualify as a “food facility” and you would need to register with FDA each year [5a] and pay an annual fee ($500 in 2010 [5b], and increasing in future years as indexed for inflation [5c]).
2. You would have to register in electronic format. [5d]
3. You would be required to have a unique facility identifier number. [5e]
4. You would be required to conduct an analysis identifying potential hazards at your food facility; and you must implement controls to prevent those hazards from occurring as well as a plan for what to do in the event that any do occur. [5f]
5. If your products cross state lines, you must develop a food safety plan. [5g–also see Q6/A6 below]
6. You would also be required to establish and maintain a system for tracing the food you produce.  It is uncertain at this point what this traceability system will require, but the requirements are likely to be extensive. [5h]

• [5a]  Section 101(b)–p. 6 [4b]  Section 101(b)–p. 13
• [5c]  Section 101(c)–p. 14
• [5d]  Section 101(b)–p. 7
• [5e]  Section 206(a)–p. 118
• [5f]  Section 102(a)–p. 21
• [5g]  Section 102, sec 418A(a)–p. 28
• [5h]  Section 107(c)–p. 54-58

READ MORE!  http://www.ftcldf.org/news/news-HR2749-FAQ.htm