POLITICAL: Draconian HR 2749

[Guest guest]

Some additional information:

Oppose HR 2749 <http://www.ftcldf.org/petitions/pnum993.php> , a bill that fails

to address the real issues of food safety yet gives

FDA increased power with less accountability. Its one-size-fits-all regulatory

scheme will impact small farms and artisanal

producers for the worse.

ALARMING PROVISIONS (see Talking Points):

* Power to Quarantine a Geographic Area; the FDA can also Halt All Movement of

All Food in a geographic area.

* Random Warrantless Searches of Business Records.

* Establishing a Tracing System for Food.

* Severe Criminal and Civil Penalties.

* Annual Registration Fee of $500.

HR 2749 needs to be defeated!! Please take action NOW.

5 MINUTE ACTION on HR 2749 FOOD SAFETY on Small Farms

1- Sign the " Oppose HR 2749 " petition on the Fund website

(www.farmtoconsumer.org) and send messages to your legislators through the

petition system.

2- Contact your Representative. Use the finder tool at www.Congress.org

3. Call the Capitol Switchboard at 202-224-3121.

4- Send a message through the petition system at:

<http://www.ftcldf.org/petitions_new.htm>

http://www.ftcldf.org/petitions_new.htm

5- forward this message to your friends. Take my name off the forward, please.

Finally, a subscriber has sent the following information on HR 2749, copied

directly from her email to me. My concern is that the

real intent behind the food safety bill is to extend the powers of the

government and though my local representative in Washington

writes reassuring emails about the intent, the fact is that the language of the

law is interpreted literally and " intent " has no

meaning in most courts since the spirit of the law appears to be missing in the

psyche of judges.

Alarming Provisions:

* HR 2749 would impose an annual registration fee of $500 on any " facility " that

holds, processes, or manufactures food. Although

" farms " are exempt, the agency has defined " farm " narrowly. And people making

foods such as lacto-fermented vegetables, cheeses, or

breads would be required to register and pay the fee, which could drive

beginning and small producers out of business during

difficult economic times.

* HR 2749 would empower FDA to regulate how crops are raised and harvested. It

puts the federal government right on the farm,

dictating to our farmers.

* HR 2749 would give FDA the power to order a quarantine of a geographic area,

including " prohibiting or restricting the movement of

food or of any vehicle being used or that has been used to transport or hold

such food within the geographic area. " Under this

provision, farmers markets and local food sources could be shut down, even if

they are not the source of the contamination. The

agency can halt all movement of all food in a geographic area.

* HR 2749 would empower FDA to make random warrantless searches of the business

records of small farmers and local food producers,

without any evidence whatsoever that there has been a violation. Even farmers

selling direct to consumers would have to provide the

federal government with records on where they buy supplies, how they raise their

crops, and a list of customers.

* HR 2749 charges the Secretary of Health and Human Services with establishing a

tracing system for food. Each " person who

produces, manufactures, processes, packs, transports, or holds such food " would

have to " maintain the full pedigree of the origin

and previous distribution history of the food, " and " establish and maintain a

system for tracing the food that is interoperable with

the systems established and maintained by other such persons. " The bill does

not explain how far the traceback will extend or how

it will be done for multi-ingredient foods. With all these ambiguities, it's

far from clear how much it will cost either the

farmers or the taxpayers.

* HR 2749 creates severe criminal and civil penalties, including prison terms

of up to 10 years and/or fines of up to $100,000 for

each violation for individuals.

5 MINUTE ACTION on HR 2749 FOOD SAFETY on Small Farms

1- Sign the " Oppose HR 2749 " petition on the Fund website

(www.farmtoconsumer.org) and send messages to your legislators through the

petition system.

2- Contact your Representative. Use the finder tool at www.Congress.org

3. Call the Capitol Switchboard at 202-224-3121.

4- Send a message through the petition system at

http://www.ftcldf.org/petitions_new.htm.

5- forward this message to your friends. Take my name off the forward, please.

UPDATE: JUNE 17 HEARING

A further amended version of HR 2749 passed out of the Energy and Commerce

Committee on June 17. The bill next goes to House floor

for a vote. HR 2749 could be amended again before the vote takes place

The worst provisions of HR 2749 remain in the bill. The latest version does,

however, reduce the amount of civil fines that can be

assessed against individuals and corporations; but the fines FDA can levy under

the latest amendment are still substantial.

The bill has tightened the standards under which the federal government can

quarantine food in a geographic area; but the Secretary

of Health and Human Services is still given the power to impose a geographic

quarantine without a court order.

The latest version of HR 2749 can be found at

<http://energycommerce.house.gov/Press_111/20090617/hr2749_ans.pdf>

http://energycommerce.house.gov/Press_111/20090617/hr2749_ans.pdf

HR 2749 needs to be defeated!! Please take action NOW.