**Will it be illegal to grow my own food? WHAT????**

[noodleroo]

Ok, ivan3: I want you to go to the following link, scroll about 3/4 of the way down to the line just above (gg). It states that supplements are considered 'food'. The problem that concerns me the most is that the FDA has been trying to get total control of supplements for years. Supplements have been defined as 'food' instead of 'drugs' and many lobbiests have fought to keep it that way. This new bill gives the FDA an 'in' using the simple little word: FOOD...
http://www.fda.gov/RegulatoryInform...sIandIIShortTitleandDefinitions/ucm086297.htm

 

[Boyd]

next year I will be illegal as all get out

Going to try my hand at doing a couple of acres for a market Garden. The local farmers market will tar and feather me I'm sure

 

[ivan3]

ivan3 wrote:

Q9 wrote: Holy freakin' crap. I just glanced at the bill, and saw at least a dozen instances of such vague wording that the Feds could get away with nearly anything! Granted, it was the summary, but the bill itself will inevitably provide even more opportunities

Well, just from the "summary", that you've skimmed, please list those dozen instances that will impact already excluded entities under Section 415 of the FDC Act, as amended by the 2002 Bioterrorism Act (FDA Implementation). I'm from The `Show Me State'; `Show Me' being no whining plea to be led from the darkness by some nebulous authority but, rather, a skeptical challenge delivered flat-up, e.g., `Show Me the money'.

After you've listed the "dozen instances", being the scholar that you are, please check my work and be precise in your criticism, i.e., where did I miss that Farms, Cultivation by Individuals and Restaurants (with 10 are fewer employees) are Not excluded?

https://www.backyardchickens.com/forum/viewtopic.php?id=420932&p=10 (post 94)

Forensically speaking, all things being equal, more bite than bark earns more points per round.​

Q9 wrote:As for those instances, have you bothered to read the text of the bill? Obviously they can't go for home gardens under this, but otherwise they have a LOT of wiggle room. Look at how much power the Secretary is given. "If the Secretary determines..." is all over the place. What constitutes "potential harm?" What constitutes "major changes in methods?"

I 100% agree, "Show me." Number 1 rule in political research - FOLLOW THE MONEY. Look who's sponsoring this. Kraft, General Mills, etc. At any rate, even assuming this bill, by some freak, amazing chance, is not twisted to give the feds massive power, it is STILL illegal. The Constitution is perfectly clear on the extent of the government's power - almost nothing in this bill is permitted.

I provided an image of the language, from the bill itself, in the link above. You state "Obviously they can't go for home gardens...", and they can't go after farms (excluded in the language of the bill as well), unless the farm is already a Regulated Facility. As the bill conforms with 414/415 of the FDC, I also provided images of the exclusions from the 414 pamphlet. As the subject of this thread is "Will it be illegal to grow my own food" I simply provided links to source material. As you asserted that you had found "a dozen instances of vague wording" in the summary, I thought you might be so kind as to list all 12 and how those `vagaries' would amend the prexisting law that this legislation conforms with.

Might want to read the 2002 Food Safety and Bioterrorism Act: http://www.fda.gov/Food/FoodDefense/Bioterrorism/default.htm

Would be happy to discuss your specific Constitutional concerns (how many amendments does your copy have?), as well as solicit your views re: whether Kraft, Gen.M., et.al. should be free and unfettered Corporate Citizens, or bad actors requiring strict regulation by the FDA, in another thread.

noodlero wrote:
Ok, ivan3: I want you to go to the following link, scroll about 3/4 of the way down to the line just above (gg). It states that supplements are considered 'food'. The problem that concerns me the most is that the FDA has been trying to get total control of supplements for years. Supplements have been defined as 'food' instead of 'drugs' and many lobbiests have fought to keep it that way. This new bill gives the FDA an 'in' using the simple little word: FOOD...
http://www.fda.gov/RegulatoryInformatio … 086297.htm

That language was added in 1994: http://www.fda.gov/RegulatoryInform...ignificantAmendmentstotheFDCAct/ucm148003.htm (3/3/b). Did this bill change the exceptions?

My only interest is in selling at the farmer's market (already comply with regs) don't see anything that will impact that: If anyone does, I'd like to see it (from the bill).​

 

[kstaven]

Farms may be on the exclusion list for now.

All too often those are changed after the fact and often done by hiding it tied to other legislation much like riders seen on bills being passed.

With NAIS like proposals still being bantied about, ALL farms could very easily become regulated facilities.

Sorry, but I have no trust left for government.

 

[justbugged]

I still don't understand where they are going to put all of us law breakers. The prisons are full, and no one wants another one in their backyard. And if this happens; then who will be left to pay for the cost of keeping us all locked up. I suppose that it could be all kept to fines, but will they accept turnips as payments from people without incomes?

 

[rebel-rousing-at-night]

Maybe we will have to grow our food the same as illegal marijuana growers.
Crazy government!

 

[purr]

Quote:
I agree,

 

[bakerjw]

Quote:
This kind of goes along with behavior of the ATF. It happens where the ATF will go to check a dealers transfer book or investigate an everyday citizen. If they find a discrepancy to their liking and want to make an issue of it they can add as many trumped up charges as they see fit and then offer a "deal" for pleading guilty to a lesser charge. The lesser charges are always felonies and the dealer or individual will lose his license, business, and right to bear arms. In Texas a man sold a rifle to a person of Hispanic descent. The buyer showed a valid Texas drivers license. As soon as the sale was completed the seller was arrested for selling a firearm to an illegal. He fought it in court, was convicted, and is doing time in prison. That is how warped some of our laws have become. All it takes is to have weakly worded legislation and an overzealous inspector with either an axe to grind or desire to make a name for themselves and anyone can have a problem. How many of us can afford to be arrested on trumped up charges and forced to retain an attorney to prove our innocence? Most will comply rather than fight. I'm saying that this legislation will ever come to something like that but there is precedence for governmental agency abuses.

 

[Q9]

Quote:
I agree,

I've read it. And Ivan, yes, farms are on the exclusion list. But let's face it, the Feds ignore the Constitution, which is extremely easy for any American to read and comprehend, so why on earth should we expect them to follow obscure regulations hidden in legalese? Don't get me wrong - I'd LOVE it if they would follow their own laws. However, I think you and I can both agree that it's a little bit of a stretch to think that they will.

As for my specific Constitutional concerns, what concerns me is the violation of the 10th Amendment and assuming powers not delegated under Article 1, Section 8, which lists the powers of Congress. Nowhere do I see Congress authorized to pass anything in this bill.

 

[Happy Chooks]

Quote:
Couldn't agree more.