The Santa Clause and the Food & Farm Control Bill Snagged: Fishing to Control Small Family Farms and Real Food Producers?

The Santa Clause and the Gift of the Magi-cians.

The so-called Food Safety Control S510 bill with the so-called savior Tester-Hagan amendments may now be passed back to the overwhelming approving Senate. This is a perfect example of hard-ball politics of division, where half the food freedom folks are for it and half against it. Typically, federal control bills are written to appease large  stakeholders, then revised to include most stakeholders, changed several times in the process, including having several bills of different names.

In this battle, the war on food controls by the corporate/government  partnership, the magic trick is to appear to save the small farms producing local foods, yet provide the legal and regulatory framework, with funding, to take it all way. So once again it appears to be an angel of light, a white knight on a horse coming to save the small farm, and getting the foodies to work on the language for them so that end the end, the language can be twisted and used against them.

One thing is so interesting to me that no commentary I have read has mentioned and that is this: even if the trick bill is defeated or passed (even with the amendments the local food people want) the feds and the states have existing authority to do what they want anyway. Similar rules are already in place or in the pipeline, yet most farmers market vendors are not aware of them. Hence, the argument for federal uniformity. If it passes it is much worse, much faster and the states are likely to have additional rules that are stricter making selling in another county or across the state line most difficult.

The big picture here is that these food controls are AGENGA 21 in disguise–that’s right, tied to the UN food, environment, health and population programmes–to harmonize food “safety and quality” globally and to sync with the US Healthy Agenda 2010– which shares the same goals.

Tonight, we have another article from Doreen Hayes, a lively commentary from David Gumpert and a letter from the Campaign for Liberty against the issue. On the other side, we have also good analysis and arguments from the Farm-to-consumer Legal Defense Fund.–Augie

America’s Done—Stick a Fork In Her!
S. 510 Hits a Snag, But Be Wary
©Doreen Hannes 2010

Excerpts from her paper:

Make no mistake about this, SB 510, or HR 2749 are worse than the Patriot Act, the Health Care bill, and the Federal Reserve Act combined. We can all live without little pieces of paper, and many of us can live without doctors, and we have been living with the increasing police state since 911, but none of us can live without food and water. If we lose food and water, we won’t be able to fight anything else.

The Tester-Hagan Amendment—Lipstick on a Pig

The largest deception played on the public in S. 510 is the inclusion of the Tester Amendment. This amendment was sold as the complete exemption for all small farms grossing less than $500,000 per year. But if one reads the actual amendment, it is evident that it will not do what it is purported to do for the vast majority of small producers.

The Tester Amendment has strident restrictions on those who may be “exempted” from HACCP (Hazard and Critical Control Point) implementations. HACCP is 50 pages of instructions that require a certifier to sign off on the plan, and a team to be trained in ensuring the plan is followed on the farm. The requirement of this plan put about 40% of small meat processors out of business several years ago. If you fall under the “protection” of the Tester amendment, you won’t have to do it….but let’s see how protective the Tester Amendment really is.

Food Security Alert: Pick Liberty

First, the Tester Amendment purports to exempt farms with less than $500,000 in sales from the requirements of S.510. However, to be “exempt” one must sell more than 50% of their products directly to consumers or restaurants within a 275-mile radius from production, and keep records substantiating those sales. The records are open for inspection and verification of the exemption. In other words, you have to prove you are playing by their rules through record keeping and approval of those records, or meet the more onerous requirements of S.510.

You must “apply” to be included in the “protections” of the Tester amendment. You must substantiate through your records for three years that you fit the category of selling more than “50% of average annual monetary value” within this 275-mile radius. So, if you sell on the roadside or at a farmers market, you must have a map handy and ask for ID from everyone who purchases from you or lose your exemption. Nice, huh? . . .

No Surprises-It’s Locally Global

What we have in Tester is local Agenda 21 Sustainable Development. In sum, “control over all human impact on the environment”. Everything will need to be within the ‘food shed’, and if you are outside of the food shed, too bad for you. It’s a great way to surveille and monitor food production and distribution. And you still fall under the broad based “reason to believe” of the Secretary with the Tester amendment. If the “Secretary”, meaning the head of the FDA or HHS thinks you may have a problem, or deems what you produce to be ‘high risk’, you will be shut down until they say you can begin again. All of your product is subject to mandatory recall; that’s why you have to keep records of everyone you sell to. And you will have to register as a facility under the Bioterrorism Act of 2002, referred to as Sec 415 throughout the bill. (Knock knock—this is “premises identification” as in NAIS)

While I know it gets frustrating to call the Congress critters, the more they know that we know, the better the chance at slowing down the destruction they have planned for us. The switchboard number for Congress is 202-224-3121.)

Get the full story at Doreen’s blog

More lively comments follow David Gumpert’s post yesterday on the Tester Admendment being a sheep in wolves clothing:

The Tester-Hagan Amendment was supposed to be the savior of S510, giving smaller producers an exemption from the worst requirements of the so-called food safety legislation. Now, it turns out, the amendment may be the great black hole of the entire food safety steamroller. 

While the lawyers are trying to figure out ways to finagle around the U.S. Senate’s error in venturing into the U.S. House’s territory by initiating revenue-generating legislation, another hole has opened in the crumbling dike that is S510. (Even The Wall Street Journal, normally a supporter of the FDA, has come out against it, stealing some of my lines, it seems.)

On close reading, the Tester-Hagan Amendment looks to be doing a lot of the things that the discredited National Animal Identification System (NAIS) tried to do and failed when it was pulled by the U.S. Department of Agriculture in the face of vehement farmer opposition last year. In other words, Tester-Hagan might well be seen as a wolf in sheep’s clothing, as it were.

See Gumpert’s excellent story and comments here.

Here is the stance of the Campaign for Liberty:

December 4, 2010Dear Friend of Liberty, 

I have good news and bad news.

The bad news is that S. 510, the misnamed “Food Safety Modernization Act,” passed the Senate.

The good news is that this rotten bill has stalled in the House due to unconstitutional tax provisions originating in the Senate.  The House Ways and Means Committee is even threatening to “blue slip” and derail the legislation.

We must act now to kill this bill while it’s down.

Tell your representative to oppose the unconstitutional S. 510, which opens the floodgates for tyrannical federal bureaucrats to crush the food industry’s small businesses.

Despite contrary claims, close examination of S. 510 reveals that the FDA acquires even more power than before to shut down family farms on a whim.  But, as I write this, the few provisions that give some protections to small-scale farmers are under attack by Big Ag, which doesn’t want to give your local food producers an inch of wiggle room.

The bill also empowers federal agencies to impose international guidelines and standards on domestic food producers – molding American food production into an unhealthy globalist Codex system.

And in these tough economic times, S. 510 will drive up the costs of food production by adding more layers of government interference.

Don’t let the statists empower their Big Agriculture allies and destroy reputable food producers like the independent family farm, where the free market works every day to provide the public with healthy choices.

Click here to get contact information for calling, faxing, and emailing the U.S. House.

Send your congressman one clear message: stop the FDA’s War on Food!

In Liberty,

John Tate


Of the many FOR the passage of the bill with the Tester amendments is Judith McGreary and her Farm and Ranch Freedom Alliance organization. She states:

None of this is a perfect solution – S510 and the Tester-Hagan amendment involved very ugly sausage making.  The Tester-Hagan amendment ultimately fixes some of the existing problems caused by the 2002 Bioterrorism Law and a very significant part of the problems that would be caused if S510 passes.  But it is, at its heart, damage control.  That isn’t the fault of Senators Tester or Hagan or any of the people who advocated for this amendment.  It’s due to the Agribusiness capture of FDA and much of Congress, a problem that has developed over decades and that we will need to spend the next decade fighting.

More on this page--along with their interpretion of S510:

Then there is the Farm-to-Consumer Legal Defense Foundation position:

We continue to believe that S.510 is NOT in the best interests of small farmers, and especially raw milk farmers. Even though the Tester-Hagan Amendment makes important improvements in the bill, S.510 remains fundamentally flawed.

The core problem is that S.510 will significantly increase the power of the FDA. In response to our suit challenging the ban on raw milk in interstate commerce, the FDA stated on public record that the American people have no ”fundamental right to their own bodily and physical health” and “do not have a fundamental right to obtain any food they wish”. This agency should not be given any increased power!

FTCLDF position is here.

Will the Real Santa Clauses please stand up? A simple form letter with a short hand written note is far better than a phone call, email or on-line petition. Congressional reps contacts are here.

11 responses to “The Santa Clause and the Food & Farm Control Bill Snagged: Fishing to Control Small Family Farms and Real Food Producers?

  1. Between a rock and a hard place, I can see the value of compromise to win something out of the mess and support the bill. With the amendment sandwiched in now, perhaps the full effort should be to unite to defeat the entire S510. If that should fail, at least there will be some protections. Perhaps the net effect will be to force more local production and at that time more controls will be deemed necessary. This reminds me of Issue 2 in Ohio with the government/corporate planned health care for farm animals. It also reminds me of water controls and energy controls.

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  3. seems to me there must be a Mission Statement, a Goals summary and a vision for the purpose of drafting any legislation. If the discussions do not fit….don’t listen. Too busy for that, accompish the task.

    right now maybe stopping all subsidies? ANd actually booting out those who do not enforce the current laws as described below:

    so what was the purpose? WHy are we working on a new ag bill? Just the time to do so? For what purpose? THink like a wise, reflective household–taxpayer dollars hard at work here! Let’s not waste time, nothing broken, don’t fix it, something needing attention, focus on THAT, and get it done.

    SEems good practices would solve most of this—-they MUST have a defined purpose to be working on it, and WE should have given that purpose to them!! WE, the people.

    Seems to me that when they had the legislation in place all along, and the authority, they chose not to shut down the peanut factory, and let them continue shipping tainted and killing product AFTER being identified the problem!
    Same with Corexit–told to stop immediately waaayyy in the beginning, and are to this day letting microbial defenses rot while using corexit by massive amounts! Where DO they make this stuff? Who would do such a job when they could be farming healthy! I realize this is not Ag, it is our govt though, and they look at it all the same.
    Same with the tainted eggs! Wow! How does one contaminate an egg! Same way they do humans, make the mother sick but still able to produce. They did not get shut down, confiscated, computers taken….REALLY!!!??????

    FDA whines that they lack the people power to enforce, yet this bill requires more enforcers–but NOT for big ag, for the small guys!!! Seems they couldn’t do the big ag monitoring and inspecting in the first place….I personally would not give them another job or the money to do it!!

    .And, the FDA has no rights to be on non-federal land anyway, yet the public does not know this, seems the local police do not either! Yet on every cop show they talk about angst about jurisdiction.

    So, they do not enforce what they already have in place, they do not intentionally HIRE what they have permission for to ensure safe agri-huge-toxic-food-like product safety, yet they will immediately hire probably a foreign police force——, like the foreign surveillance flying in US skies right now, NY and Texas I believe, because we won’t do that to ourselves, makes you wonder who is flying the world wide fleet of chem trail sprayers….by the way, they are so heavy with that, there may be NO fertile soil by spring anyway!!! If you have been too busy with this, check out youtube and google chemtrails——-sorry——they will immediately hire and enforce this on the small farmer.

    Seems one cannot look at this without believing in the huge evil plot, Monsanto Manifesto of the 70’s, codex, fake wars, total human and planetary disregard. It all is twisted together in a story stranger than fiction! Why is it so hard to get that 10% to pay attention to oppose it and flip the change???!

    Chem trails—–explains a lot of other things, the funny white webs all over the trees several years back, they said it was spiders….maybe, dropped from the aircraft. Look up the flocks of birds out East that dropped from the trees one morning–left unexplained…now they fly those airplanes higher–cannot even hear them. Desiccated blood in the chem trails contaminated with what?….is that why so many of us give blood and they are always short on supply? I want to give straight to the Hospital, or to the patient! Imagine the numbers behind the curtain, really! The black “snow mold” in the spring….why is that a new phenomenon? Did not have that when i was a kid! Just fresh spring! Look back 40 years and compare, and not one cloud today is a real cloud. But they have catalogued their art work, named them weird names you never learned in school, and got NASA and National Geographic to publish them, and NO weather folks will talk to you about it! Science is on this, google it–California, ag . Enough aluminum in the soil sterilizes it, but I hear Monsanto has an aluminum ready seed for us.

    I am betting that all together, sustainable folks who read in these pages would rather gather around the campfire singing kum ba ya, than ever plant or consume gmo aluminum ready monsanto.

    Until someone defines what the need for a new ag bill is, what is the purpose, the goal, what is the ag committee’s mission and vision…..and be transparent about who is talking to the ag committee, what they are trying to do, and why they are wasting their time and ours….until then….a sane household, would ground them all!…how do we do that in the US Govt?

    Why don’t we write an Ag Bill that does what WE feel should be done, including rescinding all prior legislation!!!, a completely NEW federal ag foundation according to sustainable folks and a healthy nation, and print THAT in the New York Times!!

    How about THAT!

    Title it Constitutional Food, Health, Economic, Environmental Freedom

    make it short and sweet
    What can be done
    what cannot, or whichever serves the greater good

    STOP playing their game and give the legislators something they CAN do.
    Many of them go with good intentions, but like tv, video games, advertising and our insidious paycheck work weeks—over stimulating and distracting the public to keep us contently following and not complaining, rendering the brain incapable of reflection, wisdom, or things needed for clear thought, they–with the BIG evil plan succeed only when we are so scattered that we do not have time or a balanced, rested, nourished mind to think independently critically and clearly. This is what they do to every legislator, and the legislators think they are working hard, but what a nightmare they step into!! Who could possibly think with what happens to them once elected—they are dumped into, willingly, mind control and manipulation–so that they cannot possibly think too clearly. Imagine a mom with 200 needy kids at once!!! What we are expecting is sanity and world leadership from a system that is set up for insanity with the lobbyist system we have. Even the church council goes away on a retreat to focus and get things done….legislators never escape the folks pushing the big plan. Never. What can we expect?

    Write out what should exist today, and have it nullify all previous ag work. THis way, it is only ag. It is all encompassing, on the past messy bills, and the public SEES it. Who could disagree? But do it well! With citizens and those who understand the legalese.

    • If such a bill could be prepared, it could be called Leave My Cows Behind and simply state the people reserve the right to produce and choose their own food. Ron Paul could serve it up. It could be called the real Santa Clause. Those voting Yes would receive the gift of a gallon of clean raw milk from grass-fed Jerseys. For those voting No, there is also a web service that sends out a non-toxic substance that smells, feels and looks like excrement–that could be labeled BS.

      In the meantime, enjoy the free raw milk recipes and enter one to win our contest!

    • That legislation for food sourcing and private association is what I am just starting to learn about how to do. If you want to help me, let me know:

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  5. Organic Valley–Family of Farms could be cited as a perfect example of how this extortion and malpractice/fraud has already taken place. I was a small dairy farmer and I was totally decimated, put out of business at great personal and private family cost (financial, mental and physical health), by their deceptions and abusive practices against me and my family while they were masquerading under a banner of a ‘pro-family farming co-operative’. An utter and evil lie! The one thing they (Organic Valley) practice is careful ‘perception management’ as do all unscrupulous businesses: they are obsessed with it! Check it out for yourself. Call them and ask them some hard questions. You will get a run-around, a bunch of misdirection and propaganda.

    The whole history of agriculture in the last 100 years (or more), is towards the extinction and removal of independent operators and small local thriving communities, able to exist well, outside of the auspices, controls and legislative proclamations of invasive state government. It is the wholesale ‘slaughter of innocents’ under the guise of progress. This ‘progress’ is actually techno-fascism and totalitarianism with heavy technological assist.

    You really cannot trust anyone. More laws and more technologies do one thing and one thing alone: Make it ever more convenient and easy to exterminate independence and the mostly care-free health and well-being that comes from living naturally and holistically and in harmony with earth and other peace-loving humans, which are becoming more rare all the time, even as the rhetoric and ‘band-wagoning’ grow ever louder.

    If you think purchasing ‘organic certified’ is a guarantee of quality, you are wrong. Dead wrong.

    These are sad and awful times.


  6. Devy Kidd is Dead Wrong

    Food Safety Act and the Federal Death Administration by Devy Kidd for

    Devy Kidd, journalist, is one of two things:

    To base her ‘case’ against SB 510 and the FDA she sites an 1870 court decision.

    “Control over the possession and sale of any item within the states is not a power possessed by Congress. This was so held in United States v. DeWitt, 76 U.S. 41, 45 (1870), which tested the constitutionality of a federal revenue act making it illegal to sell illuminating oil of a certain flammability. Here, the Court held Congress did not have the power to penalize these sales: “As a police regulation, relating exclusively to the internal trade of the States, it can only have effect where the legislative authority of Congress excludes, territorially, all state legislation, as, for example, in the District of Columbia. Within state limits, it can have no constitutional operation.”

    However, one year after this decision our form of government was turned upside down. And this ‘altered’ form of government is what we have to deal with today. Journalist Jim Kirwan published an article (also on Rense) explaining this issue.
    Failing to Protect US-INC from the Public

    “The US Government Incorporated as a for-profit commercial enterprise in the legislative act of February 21st of 1871; 41st Congress Session 3, Chapter 62 page 419 and charted a federal company entitled ‘United States, i.e. United States AKA US Incorporated, a commercial agency originally designated as Washington D.C.; in accordance with the so-called 14th Amendment, which the records indicate was never ratified. The iron-fist government is a foreign corporation with respect to the state.”

    D Kidd also has absolutely no idea when/why the FDA was first established by US INC. Like most, she believes the ‘regulatory agencies’ were established to protect the public. The FDA was launched to aid Robber Baron JD Rockefeller take control of the medical/complex in our country so he could sell his petro-pharmaceuticals.
    The Drug Trust:

    Neither does D Kidd even mention that the Food and Drug Administration (like all other agencies including the CDC) is a business listed on Dun and Bradstreet.

    We can attack government corruption, government agencies, the banking cartel and the whole nefarious enchilada till we literally wear ourselves out. Or, we can go after US INC which gave ‘authority’ to it all. And US INC was not established lawfully, but by trickery.

    Summary of the construction and impact of USA INC:

    Click to access usa-inc-handout1.pdf

    We better wake up to this reality because currently US INC is in the process of selling off its ‘perceived’ assets, including our water.

    In fact, the sale of the country’s assets was ordered by George Bush in 1992 by an Executive Order.

    BTW . . . Executive Orders are not Constitutional, they are directives from the corrupt CEOs for US INC.

    “There are a thousand hacking at the branches of evil
    to one who is striking at the root.”
    — Henry David Thoreau

  7. This whole thing stinks! I am so tired of seeing reports about how this bill is “about to pass”. It’s as though they are chiding us to call in or protest, even though the bill will go through no matter what. I keep hoping the American public will wake up and enough people will protest this. Keep calling your senators, send e-mails and bombard them with feedback. We as free citizens do not want ANY part of this garbage bill and its “safety regulations” that are not about safety nor health in the first place. How many ways can we violate the Constitution anyway? I think they are going for a record.

    • Good point, Raine. It is not a matter of when or how, but when. The other theory I have held for some time, is that the passage of a controversial bill or treaty, like NAFTA, GAT or Water, Electric, Gas Controls– is that it is already prepared in advance and are doing it. The Congressional debates are used to make the general public think they have a voice and that is already partially implemented.

      As far as calling and emailing, I think a handwritten not attached to a form letter works wonders.

  8. What they still don’t get is that they don’t have a right to control all these aspects of our lives that they are taking control of! They don’t have a right to pass all of these laws and legislate how we are to ‘do’ every single thing we do all day! All of it is unconsitutional, and if each and every US citizen doesn’t read and understand our Constitution and the Bill of Rights, and then vote into power wise leaders who read and understand the same, we are all lost! Turn off your TV, get your *** of the sofa, pay attention to your family, and do something about the greatest nation on earth that is being destroyed in less than 4 years by that Nigerian whose middle name is Hussein, and the idiots who are lame ducks!

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