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

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10 responses to “Feds May License/Control Roadside Vegetable Stands and Home Breadmaking

  1. Are you guys tired yet? Time to vote Libertarian. They are not perfect but MUCH better than the R’s and D’s.

    How much more until you hit your breaking point?

  2. This is beyond partisan politics. They’ve been setting us up for this with the hokey food-scare fear-mongering. Problem=Reaction=Solution. This is fascism creeping in, and the world-haters-in-power who are setting the world on fire have hands up the Dems and Reps.

  3. Okay Jeff S. Where are these Libertarians and what are the platforms!

  4. “Where are these Libertarians and what are the platforms!”

    — there’s something called the internet where you can look up such things. Look up Ron Paul while you’re at it.

  5. Sorry, Congress can pass whatever laws they want to pass, but I still follow the Constitution and they will not conduct a warrantless search of anything of mine. The fourth amendment of the Constitution forbids them to do so and the barrel of my gun says they can get off my property.

    • Umm, Ken in case you hadn’t noticed: the federal government has the biggest army and most firepower in the history of the world. Their guns are WAY bigger than yours, they outnumber you by thousands; a citizen resisting federal law is just a criminal in their eyes and they’d not hesitate to blow you away if you don’t obey. We have to get rid of the fascist politicians, and to do that we have to wake up all Americans to see how their rights are being demolished.

    • Ken,
      I suppose this farmer (although) Amish, felt similarly to you: http://www.crossroad.to/articles2/08/swat-team.htm
      He was wrong…..

  6. Michael Seebeck

    To answer Dame Yankee for Jeff, http://lp.org is the place to start, and from there you can find your state party.

    Michael Seebeck
    Libertarian Party of California
    Executive Committee At-large (among other things)

  7. “…and the barrel of my gun says they can get off my property”

    Well then Ken, you just might be a terrorist.

    Too bad not enough people are waking up and seeing our freedoms being lost to actually do something about it.

  8. I am a lower-case “L” libertarian (I believe in the philosophy but am not a party member.)
    There is a Libertarian Party, and I’m sure they have a chance of winning elections if 51% of people vote for them, but still -n- all, they want to be a part of the machine; They run for office. I fear they will do the same crap Newt and the reps did. They’ll become the ruling class.
    We need to rid ourselves of a ruling class, and to participate in their privileged voting farces will not help our cause.

    Become patriotic American’s: Don’t vote!
    http://halebobb.com/Patriot/intro.htm

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