That the Pure Food And Drug Act and The Food And Cosmetic Act haven't been updated (particularly the labeling reqs) sometimes has me shaking my head. Some mother spending twenty minutes reading a label of meds in the pharmacy, then heading off to whisk up who-knows-what at the `health' food store (what ingredients? vetted by what agency?).
I have no problem with the FDA, they need a PR wonk to direct what enforcement actions they pursue. It is the expansion of the Interstate Commerce Clause, as interpreted by the Supremes, that should give one pause. FDA is at the end of that food chain.
The quote below, from Justice Thomas' dissenting opinon in a 2005 case regarding California's prop. 215, should be of interest. The majority held that the
is covered. Thomas opines:
Respondent's local cultivation and consumption of marijuana is not "Commerce ... among the several States."
Certainly no evidence from the founding suggests that "commerce" included the mere possession of a good or some personal activity that did not involve trade or exchange for value. In the early days of the Republic, it would have been unthinkable that Congress could prohibit the local cultivation, possession, and consumption of marijuana.
If the Federal Government can regulate growing a half-dozen cannabis plants for personal consumption (not because it is interstate commerce, but because it is inextricably bound up with interstate commerce), then Congress' Article I powers, as expanded by the Necessary and Proper Clause, have no meaningful limits. Whether Congress aims at the possession of drugs, guns, or any number of other items, it may continue to "appropriate state police powers under the guise of regulating commerce."
If the majority is to be taken seriously, the Federal Government may now regulate quilting bees, clothes drives, and potluck suppers throughout the 50 States. This makes a mockery of Madison's assurance to the people of New York that the "powers delegated" to the Federal Government are "few and defined", while those of the States are "numerous and indefinite."
`Oh! But drugs!' (well, this sometimes happens when you invite in the ogre (feds) to keep out the demons (drugs) - `your quilting bees had better be using properly sanctioned threads, citizen').
aprophet wrote: most of the farmers I know do not ship across state lines when common sense is applied imho this is what interstate refers to so that would not apply.
Well, not exactly. The majority opinion arrived at in the case referenced above cites the following case from the `40's (grow wheat for your own chickens? Uncle Sam didn't see it that way):
http://en.wikipedia.org/wiki/Wickard_v._Filburn
It doesn't matter whether the Right/Left/Upside Down are in power, it is the amount of discretion that we've allowed that leads to their laying tracks out of the right-of-way (then expecting us to lie down on them - doing you good by doing you in). Raw milk
crossing a State border? `Fugggidaboutit'.