WHO IS BEHIND HR 2749, now being called a Monsanto take over? Is Cheney involved?
- The bill is the final Patriot Act. It includes martial law and the civil and criminal penalties under HR 875 - which can be appended to HR 2749 at any time - are an end to every Constitutional protection in the US.While people are focused on single payer, this one bill would set up a full police state here.[NOTE: There is a bill in congress now which would allow for the setting up of a kill switch for the internet inside the White House.]Who wrote these "food safety" bills which threaten a take over of this country? How long has this been in the works? Is Cheney who helped design the first Patriot Act, involved now?The following section applies to every person in the country who "holds" food.
Penalties would be "administered" by Monsanto.
SEC. 405. CIVIL AND CRIMINAL PENALTIES.
- (a) Civil Sanctions-
- (1) CIVIL PENALTY-
- (A) IN GENERAL- Any person that commits an act that violates the food safety law (including a regulation promulgated or order issued under the food safety law) may be assessed a civil penalty by the Administrator of not more than $1,000,000 for each such act.
- (B) SEPARATE OFFENSE- Each act described in subparagraph (A) and each day during which that act continues shall be considered a separate offense.
- (2) OTHER REQUIREMENTS-
- (A) WRITTEN ORDER- The civil penalty described in paragraph (1) shall be assessed by the Administrator by a written order, which shall specify the amount of the penalty and the basis for the penalty under subparagraph (B) considered by the Administrator.
- (B) AMOUNT OF PENALTY- Subject to paragraph (1)(A), the amount of the civil penalty shall be determined by the Administrator, after considering--
- (I) the gravity of the violation;
- (ii) the degree of culpability of the person;
- (iii) the size and type of the business of the person; and
- (iv) any history of prior offenses by the person under the food safety law.
- (C) REVIEW OF ORDER- The order may be reviewed only in accordance with subsection (c).
- (b) Criminal Sanctions-
- (1) OFFENSE RESULTING IN SERIOUS ILLNESS- Notwithstanding section 303(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 333(a)), if a violation of any provision of section 301 of such Act (21 U.S.C. 301) with respect to an adulterated or misbranded food results in serious illness, the person committing the violation shall be imprisoned for not more than 5 years, fined in accordance with title 18, United States Code, or both.
- (2) OFFENSE RESULTING IN DEATH- Notwithstanding section 303(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 333(a)), if a violation of any provision of section 301 of such Act (21 U.S.C. 331) with respect to an adulterated or misbranded food results in death, the person committing the violation shall be imprisoned for not more than 10 years, fined in accordance with title 18, United States Code, or both.
- (c) Judicial Review-
- (1) IN GENERAL- An order assessing a civil penalty against a person under subsection (a) shall be a final order unless the person--
- (A) not later than 30 days after the effective date of the order, files a petition for judicial review of the order in the United States court of appeals for the circuit in which that person resides or has its principal place of business or the United States Court of Appeals for the District of Columbia; and
- (B) simultaneously serves a copy of the petition by certified mail to the Administrator.
- (2) FILING OF RECORD- Not later than 45 days after the service of a copy of the petition under paragraph (1)(B), the Administrator shall file in the court a certified copy of the administrative record upon which the order was issued.
- (3) STANDARD OF REVIEW- The findings of the Administrator relating to the order shall be set aside only if found to be unsupported by substantial evidence on the record as a whole. [At the whim of the Administrator.]
- (d) Collection Actions for Failure To Pay-
- (1) IN GENERAL- If any person fails to pay a civil penalty assessed under subsection (a) after the order assessing the penalty has become a final order, or after the court of appeals described in subsection (b) has entered final judgment in favor of the Administrator, the Administrator shall refer the matter to the Attorney General, who shall institute in a United States district court of competent jurisdiction a civil action to recover the amount assessed.
- (2) LIMITATION ON REVIEW- In a civil action under paragraph (1), the validity and appropriateness of the order of the Administrator assessing the civil penalty shall not be subject to judicial review.
- (e) Penalties Paid Into Account- The Administrator--
- (1) shall deposit penalties collected under this section in an account in the Treasury; and
- (2) may use the funds in the account, without further appropriation or fiscal year limitation-- [No congressional oversight.]
- (A) to carry out enforcement activities under the food safety law; or
- (B) to provide assistance to States to inspect retail commercial food establishments or other food [Everyone is included under this and this sleight of hand is typical of how they include everyone while wedging it in among food language] or firms under the jurisdiction of State food safety programs.
- (f) Discretion of the Administrator To Prosecute- Nothing in this Act requires the Administrator to report for prosecution, or for the commencement of an action, the violation of the food safety law in a case in which the Administrator finds that the public interest will be adequately served by the assessment of a civil penalty under this section.
- (g) Remedies Not Exclusive- The remedies provided in this section are in addition to, and not exclusive of, other remedies that may be available.
This is martial law hidden under food.Who would choose no food over a chance of a bad sandwich? Or even over a terrorist (no comment on that) attack?* 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." [This - that has been used to transport or hold such food - would mean all cars that have ever brought groceries home so this means ALL TRANSPORTATION can be shut down under this. This is using food as a cover for martial law.] 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. [This is also a means of total control over the population under the cover of food, and at any time.]Make sure to read the whole article. The FTCLDF listed a number of alarming provisions but did not mention take over of all seed or NAIS or CODEX, all there but without those words ever being used (the denials are cagey "there is no LANGUAGE in the bill ...].
- Notice: This could include execution, torture, seizure of all property, ... anything.
They include many out and out dangerous things, none of which are named directly.Codex - Focusing only on the most insane, the bills surreptitiously include CODEXwhich has been predicted to kill more than 300 million people in the first generation alone.History of CODEX: http://www4.dr-rath-foundation.org/PHARMACEUTICAL_BUSINESS/history_of_the_pharmaceutical_industry.htmFor a short list of what CODEX - which is set to be in place by December 31 of this year includes:Take over of all Seed - http://www.opednews.com/articles/Seeds--How-to-criminalize-by-Linn-Cohen-Cole-090319-579.htmlNAIS - More than 90% of all farmers vehemently oppose NAIS, recognizing it will destroy them. They were encouraged to write the USDA, to go to "listening sessions," etc, but while focused there, told by DeLauro that funding had been cut (not saying they are rolling in funding from the Omnibus bill which funded it even before it exists), so relieved - meanwhile HR 2749 contains a hidden mandated version, triggered by the word "trace."On Wed, Jun 24, 2009 at 5:55 PM, Paul Stephens <greateco@...> wrote:
Alert: HR 2749 'Totalitarian Control of the Food
Supply': Stop the Monsanto takeover
(See also: Farm to Consumer Legal Defense Fund http://www.ftcldf.org and "Greens urge amendment to food safety bills, citing need to protect family farms and organic farming," Green Party press release, April 6, http://gp.org/press/pr-national.php?ID=199)
HR 2749: Totalitarian Control of the Food Supply
Food Freedom, June 16, 2009
A new food safety bill is on the fast track in Congress-HR 2749, the Food Safety Enhancement Act of 2009. The bill needs to be stopped.
HR 2749 gives FDA tremendous power while significantly diminishing existing judicial restraints on actions taken by the agency. The bill would impose a one-size-fits-all regulatory scheme on small farms and local artisanal producers; and it would disproportionately impact their operations for the worse.
Take Action HERE (http://www.ftcldf.org/petitions/pnum993.php).
HR 2749 does not address underlying causes of food safety problems such as industrial agriculture practices and the consolidation of our food supply. The industrial food system and food imports are badly in need of effective regulation, but the bill does not specifically direct regulation or resources to these areas.
To read a detailed account of the bill, go to: http://www.ftcldf.org/news/news-15june2009.htm
(Read the section on tracing. That is NAIS, isn?t it? ? highly disguised yet triggered by the word ?trace.? )
Some of the more alarming provisions in the bill are:
* HR 2749 would impose an annual registration fee of $500 on any ?facility? that holds, processes, or manufactures food. [isn't this every home in the US, every garden?] Although ?farms? are exempt, the agency has defined ?farm? narrowly. [What is the definition?] 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. [Yes. There are laws against this corporate-size-destroys-the-little-guy policy, aren't there? Are home bread or cheese or lacto-fermented vegetable makers who make for their own families included in this?]
* 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. [This astounding control opens the door to CODEX. WTO "good farming practices" will include the elimination of organic farming by eliminating manure, mandating GMO animal feed, imposing animal drugs, and ordering applications of petrochemical fertilizers and pesticides. Farmers, thus, will be locked not only into the industrialization of once normal and organic farms but into the forced purchase of industry's products. They will be slaves on the land, doing the work they are ordered to do - against their own best wisdom - and paying out to industry against their will.
There will be no way to be frugal, to grow one's own grain to feed the animals, to raise healthy animals without GMO grains or drugs, to work with nature at all. Grassfed cattle and poultry and hogs will be finished. So, it's obvious where control will take us. And weren't these the "rumors on the internet" that were dismissed but are clearly the case?]
* 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.? [This - "that has been used to transport or hold such food" - would mean all cars that have ever brought groceries home so this means ALL TRANSPORTATION can be shut down under this. This is using food as a cover for martial law.] 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. [This is also a means of total control over the population under the cover of food, and at any time.]
* 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. [If these bills cover all who "hold food" then this allows for taking of records of anyone at any time on no basis at all.] 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.
[NAIS for animals and all other foods?]
* 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? [Is this not every home in the US?] 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, [with all these ambiguities, it is dangerous, period, separate from the money] it?s far from clear how much it will cost either the farmers or the taxpayers. [It is massive and absurd and burdensome beyond the capacity of people to comply - is this not fascism? - so it is a set up for being used to impose penalties endlessly and/or to eliminate anyone at will
* 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. [Does it include judicial review, Congressional oversight, a defined and limited set of penalties and punishments for a defined set of "crimes"? Or is it entirely ambiguous and left to the whim and sole power of "the Administrator"? Who is that person set to be? Is it Michael Taylor, Monsanto lawyer and executive, as Food Democracy has said? That is, do these bills set up an agency by which the entire US food supply will be turned over to the control of a multinational corporation under WTO regulations (and not to US farmers and not to US laws under the Constitution), with boundless freedom to do what it wants, and one infamous for harm to farmers and lack of safety of food?]
If it was not clear before how frightening these bills were, this small section of provisions, should make their actual fascism clear now. It goes way beyond ?food safety? to absolute control over farms, animals, food, and us, including our movements and access to food at all.
Action to Take:
Contact your Representative now! Ask to speak with the staffer who handles food issues. Tell them you are opposed to the bill. Some points to make in telling your Representative why you oppose HR 2749 include:
1. The bill imposes burdensome requirements while not specifically targeting the industrial food system and food imports, where the real food safety problems lie.
2. Small farms and local food processors are part of the solution to food safety; lessening the regulatory burden on them will improve food safety.
3. The bill gives FDA much more power than it has had in the past while making the agency less accountable for its actions.
HR 2749 needs to be defeated!! Please take action NOW.
Take Action HERE (http://www.ftcldf.org/petitions/pnum993.php).
Or, contact your Representative by using the finder tool at http://www.Congress.org or send a message through the petition system (the petition will be on our website this evening) at http://www.ftcldf.org/petitions_new.htm . Or call the Capitol Switchboard at 202-224-3121.
To check the status of HR 2749, go to http://www.Thomas.gov and type ?HR 2749? in the bill search field.
[Written by a collective of people interested or involved in food and farming.]
"Science is not truth ... it may be learning but what you learn is not necessarily the truth, it's a piece of the truth not the whole.
Applied science that divorces itself from the consequences and effects of these isolated truths and says everything else is an untruth is the crux of the problem.
There are other valid truths which this kind of hubris refuses to see. Balance for one."
Shaharazade at Dailykos