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By a vote of 74 to 25, at noon today, the U.S. Senate voted for cloture on S 510, the Food Safety Modernization Act, which means it must now be voted on in the full Senate within 60 days. All amendments to the controversial food control bill must be completed by that time.
“It would allow the government, under Maritime Law, to define the introduction of any food into commerce (even direct sales between individuals) as smuggling into “the United States.” Since under that law, the US is a corporate entity and not a location, “entry of food into the US” covers food produced anywhere within the land mass of this country and “entering into” it by virtue of being produced.”
~ Benjamin Franklin
They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety.
If they plan to shut down my garden, things will really get interesting.
Sen. Jon Tester, D-Mont., takes issue with the way the government would regulate small food companies, the ones who stock farmer's markets and community groceries Tester has proposed an amendment to exempt small food producers from the bill. Small producers do not contribute to the problem, he said. "When I looked at this bill, I looked at it and it really does do some things to small processors and family agriculture that would be negative and further concentrate the food industry in the hands of a few guys," Tester said in a telephone news conference Wednesday. "I don't think that is healthy or good for the country." Tester's amendment would exclude small food producers who fall under the Food and Drug Administration's definition of a "very small business." To qualify for the exclusion, small food producers would have to sell a majority of their product directly to consumers, restaurants or retailers within the same state or 400 miles and make less than $500,000 annually from the business.
Section 5 -
Exempts food and facilities regulated by the Secretary of Agriculture under specified acts from the requirements of this Act.
Section 6 -
Exempts specified alcohol-related facilities from the requirements of this Act.
Title I - Food Safety
Subtitle A - Prevention
Section 101 -
Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to deem a food to be misbranded if it was manufactured, processed, packed, or held in a facility that is not registered. Declares that a facility under the FFDCA does not include private residences of individuals. Requires annual registration of food facilities, including food facilities that export food. Authorizes the Secretary of Health and Human Services (HHS) to suspend the registration of any food facility for a violation of the FFDCA that could result in serious adverse health consequences or death to humans or animals. Sets forth procedures for such a registration suspension. Directs the Secretary to collect an annual fee for registration of a food facility to defray the costs of food safety activities. Terminates the authority to collect such fees after FY2014.
Section 102 -
Deems a food to be adulterated if it has been manufactured, processed, packed, transported, or held under conditions that do not meet the requirements for hazard analysis and risk-based preventive controls. Requires the owner, operator, or agent of a food facility to: (1) conduct a hazard analysis; (2) identify and implement effective preventive controls; (3) monitor preventive controls; (4) institute corrective actions as necessary; (5) conduct verification activities; and (6) maintain records of monitoring, corrective action, and verification. Authorizes the Secretary to: (1) identify hazards that are reasonably likely to occur in the absence of preventive controls; and (2) establish preventive controls for specific product types to prevent unintentional contamination throughout the supply chain. Requires the owner, operator, or agent of a food facility to implement a food safety plan before introducing any shipment of food into interstate commerce. Directs the Secretary to establish science-based standards for conducting a hazard analysis, documenting hazards, identifying and implementing preventive controls, and documenting the implementation of the preventive controls. Authorizes the Secretary to require the submission of finished product test results documenting the presence of contaminants in food posing a risk of severe adverse health consequences or death for certain high-risk food facilities after completion of pilot projects and a feasibility study. Requires the owner, operator, or agent of a food facility to implement a food defense plan that includes: (1) an identification of conditions and practices that may permit a hazard to be intentionally introduced; and (2) a description of preventive measures implemented. Authorizes the Secretary to establish by regulation or guidance preventive measures for specific product types to prevent intentional contamination throughout the supply chain. Requires the owner, operator, or agent of a facility to implement any preventive measures identified by the Secretary.
Section 103 -
Deems a food to be adulterated if it has been manufactured, processed, packed, transported, or held under conditions that do not meet performance standards. Requires the Secretary to: (1) issue science-based performance standards applicable to foods or food classes to minimize to an acceptable level, prevent, or eliminate the occurrence of the most significant foodborne contaminants and the most significant resulting hazards; and (2) publish a list of foodborne contaminants that have the greatest adverse impact on public health. Authorizes the Secretary to make recommendations to industry for conducting product sampling.
Section 104 -
Deems a food to be adulterated if it has been grown, harvested, processed, packed, sorted, transported, or held under conditions that do not meet safety standards for raw agricultural commodities. Requires the Secretary to establish scientific and risk-based food safety standards for the growing, harvesting, packing, sorting, transporting, and holding of raw agricultural commodities: (1) that are a fruit, vegetable, nut, or fungus; and (2) for which the Secretary has determined that such standards are reasonably necessary to minimize the risk of serious adverse health consequences or death to humans or animals. Requires the Secretary to provide for effective implementation of education and compliance activities. Requires the Secretary to update existing guidance related to minimizing microbial food safety hazards for fresh fruits and vegetables.
Originally posted by ProfEmeritus
reply to post by bozzchem
If they plan to shut down my garden, things will really get interesting.
That won't happen. Nowhere in the bill is there any wording which refers to home gardens. In fact, even small farmers and small farms that sell to local farmers markets will probably be excluded, as Sen. Jon Tester, D-Mont. has proposed an amendment to S510 which would exclude them from this bill.