Do You Want the Government Bureaucracy Deciding about Your Food?

I've decided to go over S510 just to see what's in it. I know I've read the horror stories, but I want to see for myself what the bill says. You know, they couldn't get the bill passed on it's own merit, so they tacked it in another bill so it would pass. Doesn't that just sound like the government?

First off, most people skip the definitions, but I've learned that's where they get you. They can redefine something that you THOUGHT you knew the definition of. The first thing I run into is this: They're talking about inspecting records, and they want the right to inspect any food that could be contaminated. Sounds OK, right? But that's followed by: by inserting `, and to any other article of food that the Secretary reasonably believes is likely to be affected in a similar manner,' after `relating to such article';

So, they can arbitrarily say, well, if x food item can be contaminated, than so can Y, so we're going to inspect them both.

And then we have this paragraph: `(2) USE OF OR EXPOSURE TO FOOD OF CONCERN- If the Secretary believes that there is a reasonable probability that the use of or exposure to an article of food, and any other article of food that the Secretary reasonably believes is likely to be affected in a similar manner, will cause serious adverse health consequences or death to humans or animals, each person (excluding farms and restaurants) who manufactures, processes, packs, distributes, receives, holds, or imports such article shall, at the request of an officer or employee duly designated by the Secretary, permit such officer or employee, upon presentation of appropriate credentials and a written notice to such person, at reasonable times and within reasonable limits and in a reasonable manner, to have access to and copy all records relating to such article and to any other article of food that the Secretary reasonably believes is likely to be affected in a similar manner, that are needed to assist the Secretary in determining whether there is a reasonable probability that the use of or exposure to the food will cause serious adverse health consequences or death to humans or animals.

WHAT? Since when does FOOD cause death? Do they know something we don't know? Or are they going to determine that mean raises your cholesterol, and therefore it causes and adverse affect on humans, and outlaw it?

And apparently when food facilities register (I guess that means for a license to sell food?) they will have to include a statement that they will let the government inspect their facility basically anytime they want to. Who is to say what's reasonable? The government? Or do the facility owners get to say, that's not convenient for me? We've seen how the government works...you can't say it's not convenient, but they can.

If you are deemed as having food that can cause serious injury or death, they can suspend your operations. And get this: EFFECT OF SUSPENSION- If the registration of a facility is suspended under this subsection, no person shall import or export food into the United States from such facility, offer to import or export food into the United States from such facility, or otherwise introduce food from such facility into interstate or intrastate commerce in the United States.

So, they are going to have total control over our food supply.

And they are redefining (just as I said they would) what a food facility is: RETAIL FOOD ESTABLISHMENT- The Secretary shall amend the definition of the term `retail food establishment' in section in 1.227(b)(11) of title 21, Code of Federal Regulations to clarify that, in determining the primary function of an establishment or a retail food establishment under such section, the sale of food products directly to consumers by such establishment and the sale of food directly to consumers by such retail food establishment include--


So, if you have your own garden, make sure you GIVE away your vegetables or you could fall into this category. Don't grow vegetables to get a little extra money.

Here are their definitions of a retail food establishment:

A) the sale of such food products or food directly to consumers by such establishment at a roadside stand or farmers' market where such stand or market is located other than where the food was manufactured or processed;

(B) the sale and distribution of such food through a community supported agriculture program; and

(C) the sale and distribution of such food at any other such direct sales platform as determined by the Secretary.

See? It could be your little garden plot. If you have a roadside stand, it has to be on your property. Way out in the country? How much business will you get?

And then they even attack WHERE and WHAT CONDITIONS there are in place for the growing of food: include, with respect to growing, harvesting, sorting, packing, and storage operations, science-based minimum standards related to soil amendments, hygiene, packaging, temperature controls, animals in the growing area, and water;

They get to determine our soil quality? Is everything going to go organic? Do you know who expensive organic is compared to regular. I would love to HAVE organic, but I can't afford most of it.

And then there's this little paragraph: IN GENERAL- Not later than 1 year after the close of the comment period for the proposed rule making under subsection (a), the Secretary shall adopt a final regulation to provide for minimum science-based standards for those types of fruits and vegetables, including specific mixes or categories of fruits or vegetables, that are raw agricultural commodities, based on known safety risks, which may include a history of foodborne illness outbreaks.

Ever wonder why they had so many ecoli outbreaks with different foods? Perhaps they were setting up a track record of the foods they wanted to "regulate?" They now have a history of contamination for what? Spinach that I know of, lettuce, hamburgers.

And there will be variances allowed: REQUESTS FOR VARIANCES- A State or foreign country from which food is imported into the United States may in writing request a variance from the Secretary.

Note that it says State ... from which food is imported... That doesn't mean one of our states.

And how is this all being paid for? They will establish fees for reinspecting your facility. They don't say what those fees will be, but I'll bet you my last dollar that if they get to collect a fee for "reinspection," there will be a LOT of facilities determined to be a hazard, just so they can reinspect. And if you don't pay your fees? COLLECTION OF UNPAID FEES- In any case where the Secretary does not receive payment of a fee assessed under this section within 30 days after it is due, such fee shall be treated as a claim of the United States Government subject to provisions of subchapter II of chapter 37 of title 31, United States Code.

Is this like owing to the IRS? And does this mean they are going to hire more IRS agents to do the collecting?

And apparently they are going to treat all food like a drug: (1) AUTHORITY FOR EXPORT CERTIFICATIONS FOR FOOD, INCLUDING ANIMAL FEED- Section 801(e)(4)(A) (21 U.S.C. 381(e)(4)(A)) is amended--

(A) in the matter preceding clause (i), by striking `a drug' and inserting `a food, drug';

(B) in clause (i) by striking `exported drug' and inserting `exported food, drug'; and

(C) in clause (ii) by striking `the drug' each place it appears and inserting `the food, drug'.

They are also going to be able to regulate more all the food that goes to our schools. Now while this may sound good on the surface, remember Cass Susstein. He doesn't want anyone to eat meat. Does this mean eventually, they will determine that meat is bad for our children, and just not serve it at school? I suggest home schooling. If they can determine that meat is bad, they can not allow sack lunches with meat in it either.

And I love this one:

`(1) IDENTIFICATION- The Secretary shall identify high-risk facilities and shall allocate resources to inspect facilities according to the known safety risks of the facilities, which shall be based on the following factors:

`(A) The known safety risks of the food manufactured, processed, packed, or held at the facility.

`(B) The compliance history of a facility, including with regard to food recalls, outbreaks of foodborne illness, and violations of food safety standards.

`(C) The rigor and effectiveness of the facility's hazard analysis and risk-based preventive controls.

`(D) Whether the food manufactured, processed, packed, or held at the facility meets the criteria for priority under section 801(h)(1).

`(E) Whether the food or the facility that manufactured, processed, packed, or held such food has received a certification as described in section 801(q) or 806, as appropriate.

`(F) Any other criteria deemed necessary and appropriate by the Secretary for purposes of allocating inspection resources.

So, they can profile the food industry, but not the airplane industry?

Knowing that this administration is filled with Marxists/Communists ... Oops, was I supposed to use the term Democratic Socialist? Anyway, knowing this, I can foresee a time when they would list a majority of Domestic food facilities as unhealthy so we would have no choice but to import all our food. This would be a great way to redistribute wealth. And according to this document, foreign facilities can apply to not be under it's authority. Wow, kind of like the Climate change thing. Foreign countries may not be under the authority of any climate change bill that's world wide, because it would unduly affect their economy. Yea, right.