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Planned food safety rules rile organic farmers (CSPI supported rules)
Los Angles Times ^

Posted on 02/23/2014 10:55:18 AM PST by matt04

im Crawford was rushing to load crates of freshly picked organic tomatoes onto trucks heading for an urban farmers market when he noticed the federal agent.

A tense conversation followed as the visitor to his farm — an inspector from the Food and Drug Administration — warned him that some organic-growing techniques he had honed over four decades could soon be outlawed.

"This is my badge. These are the fines. This is what is hanging over your head, and we want you to know that," Crawford says the official told him.

Crawford's popular farm may seem a curious place for the FDA to move ahead with a long-planned federal assault on deadly food poisoning. To Crawford's knowledge, none of the kohlrabi, fennel, sugar snap peas or other crops from his New Morning Farm have ever sickened anyone. But he is not the only organic grower to suddenly discover federal inspectors on his land.

In 2010, after a years-long campaign, food-safety activists persuaded Congress to give the FDA authority to regulate farm practices. The next year, an outbreak of food poisoning that killed 33 people who ate tainted cantaloupes put pressure on the FDA to be aggressive.

Now, farmers are discovering that the FDA's proposed rules would curtail many techniques that are common among organic growers, including spreading house-made fertilizers, tilling cropland with grazing animals, and irrigating from open creeks.

...

Food safety advocates have urged regulators to hang tough. "We don't believe large facilities are the only place where outbreaks are happening," said Caroline Smith DeWaal, food safety director at the Center for Science in the Public Interest in Washington.

(Excerpt) Read more at latimes.com ...


TOPICS: Culture/Society; Government; News/Current Events; US: California
KEYWORDS: agriculture; california; cspi; dietandcuisine; farming; fda; foodsupply; gardening; organic; organicfarmers; organicfood; usda
Food safety advocates have urged regulators to hang tough. "We don't believe large facilities are the only place where outbreaks are happening," said Caroline Smith DeWaal, food safety director at the Center for Science in the Public Interest in Washington.

Hahahahah. Let me guess many of these small organic farmers support the CSPI or similar groups when they seek to impose stricter rules on larger non-organic farms.

1 posted on 02/23/2014 10:55:19 AM PST by matt04
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To: matt04

The sad part is that the cantelopes weren’t tainted from where they grew, but from a contaminated truck which hauled them.

Once again, the overreach is staggering!


2 posted on 02/23/2014 11:03:22 AM PST by PrairieLady2
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To: matt04
But he is not the only organic grower to suddenly discover federal inspectors trespassing on his land.

Above is my edit, obviously. You cannot pick and choose what rights the fedguv has based on behavior you wish to modify. They can't have the right to infringe upon your ability to grow and consume a plant on your property, but not have the right to determine what crops you can grow and how they are grown.

You have to see these rights generically applied. If you don't like them applied in one circumstance, you can't like them applied in any circumstance. I only point this out to folks who have no problem allowing the interstate commerce clause used in ways they approve on the one hand, and disapprove of it in other ways.

Choose a side. It's not complicated. Stepping off my soapbox to go grab some Pho.
3 posted on 02/23/2014 11:06:55 AM PST by andyk (I have sworn...eternal hostility against every form of tyranny over the mind of man.)
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To: matt04

OOOOOps!

the Libs yapping about organic are now the target.

I buy “ organic “, non antibiotic, etc meats from wholefoods..veggies and fruits, well, it depends.
Leave it to the capitalist private sector..Let the consumer decide.We’re not stupid.


4 posted on 02/23/2014 11:06:59 AM PST by Recovering Ex-hippie
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To: andyk

This is one of those shoot, shovel and shut up moments.

Feral Agent from whatever under Obastard = Agent of tyranny = legitimate target.


5 posted on 02/23/2014 11:13:51 AM PST by Ouderkirk (To the left, everything must evidence that this or that strand of leftist theory is true)
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To: Recovering Ex-hippie
I buy “ organic “, non antibiotic, etc meats from wholefoods..veggies and fruits, well, it depends.

Agreed. Leave it to the private sector. Did you know there's now a Whole Foods in Boise? Reno should relinquish it's nickname.

I prefer to buy veggies directly from farmers who can tell me how they grow their crops. I don't care whether the USDA certifies it as organic. Unfortunately, out in Fargo, that's not an option, so I buy whatever veggies the store has.
6 posted on 02/23/2014 11:15:09 AM PST by andyk (I have sworn...eternal hostility against every form of tyranny over the mind of man.)
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To: matt04
ten buck$ says he got what he voted for...
7 posted on 02/23/2014 11:18:31 AM PST by Chode (Stand UP and Be Counted, or line up and be numbered - *DTOM* -vvv- NO Pity for the LAZY - 86-44)
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To: matt04

he’s going to totally alienate all the small scale organic hippy farmers , who were one of his ,admittedly minor , solid bases of support . I love it .


8 posted on 02/23/2014 11:19:34 AM PST by LeoWindhorse
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To: matt04
Organic and local produce farming and buying must be unnerving Monsanto, ADM and the rest who own much of Congress.

Remember that most regulations are written by the huge food conglomerates themselves. These regs seem to put many restrictions on those conglomerates, but they can afford to comply with them. Small farmers can't. That's the strategy.

They are not trying to protect us. They are protecting themselves from competition.

9 posted on 02/23/2014 11:26:14 AM PST by Dr. Thorne ("How long, O Lord, holy and true?" - Rev. 6:10)
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To: matt04

If there really is concern about solving a problem, it seems that farmers who sell their own produce at the farm or at nearby cooperatives that clearly identify the source farms should be exempt from these rules. At that point, the consumer has the ability to make responsible choices.


10 posted on 02/23/2014 11:35:43 AM PST by grania
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To: Dr. Thorne

Ahhh, yes.


11 posted on 02/23/2014 11:37:24 AM PST by Recovering Ex-hippie
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To: matt04
We want "sustainability" when it's impossible.

When it is possible, we want it outlawed.

12 posted on 02/23/2014 11:37:28 AM PST by E. Pluribus Unum (Islam is a religion of peace, and Moslems reserve the right to behead anyone who says otherwise.)
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To: andyk
what rights the fedguv has

The federal government has NO rights. It has only powers, delegated by the States in the Constitution.

Only people have rights.

/johnny

13 posted on 02/23/2014 11:45:38 AM PST by JRandomFreeper (Gone Galt)
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To: Dr. Thorne

Here in Maine the number of new small farms is four times the national average.

With only 1.3 million people, the FDA has opened it’s third regional office.

There is no other state with 3.


14 posted on 02/23/2014 11:50:21 AM PST by maine yankee (I got my Governor at 'Marden's')
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To: JRandomFreeper

Thank you for the correction, and agreed.


15 posted on 02/23/2014 11:52:32 AM PST by andyk (I have sworn...eternal hostility against every form of tyranny over the mind of man.)
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To: maine yankee
Is there a rope and lamp-post shortage in Maine? ;)

/johnny

16 posted on 02/23/2014 11:53:46 AM PST by JRandomFreeper (Gone Galt)
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To: matt04
Let me guess many of these small organic farmers support the CSPI or similar groups when they seek to impose stricter rules on larger non-organic farms.

I seriously doubt it. CSPI loves corporate farming and corporate feeding..........they seek to destroy all mom and pop endeavors that involve food and beverage - whether growing, processing, or serving.

17 posted on 02/23/2014 11:53:52 AM PST by Gabz (Democrats for Voldemort.)
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To: grania; Dr. Thorne; matt04; LeoWindhorse; E. Pluribus Unum
grania :" ..At that point, the consumer has the ability to make responsible choices."

Exactly true ..but ,..they dont want us to have a choice !!
Also , as Dr thune stated : they dont want to protect us ,
They want to protect their monoploy ( think economic/ profit motive).
E. Pluribus Unum :"We want "sustainability" when it's impossible.
When it is possible, we want it outlawed."

A recent example is what is happening to the "Gasoline /Energy" and the "Coal Industry"
Create a current unreachable guidance goal , hide it behind current unachieveable technological goal,(none of which is COngress controlled)
then chide the industry for not reaching those guidance goals ,
resulting in fines ($$) to discourage those who remain in the industry FROM PERSISTING !!
It is government controlled "Cloward-Piven"

18 posted on 02/23/2014 12:09:27 PM PST by Tilted Irish Kilt (Enlightened statesmen will not always be at the helm. -- James Madison)
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To: matt04

Probably these food safety “activists” are simply more of the Move On .org crowd…trying to make as many people as miserable as possible, not be able to run a small business, and eventually starve us all to death.


19 posted on 02/23/2014 12:41:40 PM PST by Mamzelle
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To: Tilted Irish Kilt
It is government controlled Cloward-Piven"

I get that. I also "get it" that Keynesian economics and treating government -issued money as a commodity is a problem. But there are two sides of the coins...dems and 'pubs....and neither side comes even close to representing anyone, globally, except the top 5% or so of the world's population.

The question is, how does it change? I fear the answer to that question.

20 posted on 02/23/2014 12:45:58 PM PST by grania
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To: Mamzelle
Mamzelle:".. trying to make as many people as miserable as possible, not be able to run a small business,
and eventually starve us all to death.

Exactly what "Cloward- Piven" is designed to do ..
Create (Agenda 21 ) "Sustainability" by eliminating the number of people ,
For success stories : see North Korea, China 'one child policy'

21 posted on 02/23/2014 12:50:45 PM PST by Tilted Irish Kilt (Enlightened statesmen will not always be at the helm. -- James Madison)
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To: grania

See post # 21


22 posted on 02/23/2014 12:53:05 PM PST by Tilted Irish Kilt (Enlightened statesmen will not always be at the helm. -- James Madison)
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To: Ouderkirk

I wonder if the farmer wearing a gun on his hip would interfere with farming. Maybe it’d be worth it, just for the reminder to revenuers that he’s a free citizen.


23 posted on 02/23/2014 1:01:15 PM PST by andyk (I have sworn...eternal hostility against every form of tyranny over the mind of man.)
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To: matt04; All
Thank you for referencing that article matt04. Please bear in mind that the following critique is directed at the article and not at you.

What we're not going to hear from constitutionally clueless Mr. Halper of the LA Times concerning this story is the following. Although constitutionally clueless Mr. Crawford was undoubtedly properly diplomatic when he was confronted by the likewise constitutionally clueless FDA inspector, please take note. As a consequence of Mr. Halper's parents, the parents of Mr. Crawford, and the parents of the FDA inspector, not making sure that their sons and daughters were taught about the federal government's constitutionally limited powers, neither the LA times or Mr. Crawford was able to point out the following major constitutional problem with the FDA's proposed rules concerning organic farming methods.

Simply put, Mr. Crawford wasn't prepared to point out to the FDA inspector that the states have never delegated to Congress, via the Constitution, the specific power to regulate intrastate agricultural production. But since constitutionally clueless federal government bureaucrats are likely not going to understand the significance that the word “agriculture” is not used in the Constitution, it is good that the Supreme Court has officially clarified this agricultural limit on federal government powers, in terms of the 10th Amendment nonetheless, as the following excerpt from a case opinion clearly shows.

”From the accepted doctrine that the United States is a government of delegated powers, it follows that those not expressly granted, or reasonably to be implied from such as are conferred, are reserved to the states, or to the people. To forestall any suggestion to the contrary, the Tenth Amendment was adopted. The same proposition, otherwise stated, is that powers not granted are prohibited. None to regulate agricultural production is given, and therefore legislation by Congress for that purpose is forbidden (emphasis added).” —United States v. Butler, 1936.

Note that although Mr. Crawford's agricultural production is constitutionally protected from any federal interference whatsoever as long as he doesn't take it out of the state to sell it, in which case the feds can properly regulate his produce under the Commerce Clause imo, the state that Mr. Crawford is farming in is free to regulate his produce, ultimately in accordance with what the produce quality that voters in his state want.

Also consider that there are undoubtedly federal bureaucrats and lawmakers who will argue, contrary to the idea of the main reason why the Founding States decided to constitutionally enumerate the federal government's limited powers, that since the Constitution doesn't say that they can't do something, like establishing a constitutionally indefensible federal spending programs like Obamacare Democratcare, then they can do it.

However ...

Note that the excerpt above from United States v. Butler contains the following wording.

“To forestall any suggestion to the contrary, the Tenth Amendment was adopted. The same proposition, otherwise stated, is that powers not granted are prohibited.”

So the Constitution's silence on issues like agriculture, public healthcare and immigration as a few examples, are properly interpreted to mean that Congress doesn't have the power to regulate intrastate agricultural produce and other applicable issues any more than it can make laws to regulate our 1st Amendment-protected rights!

Next, note that one of the reasons that parents are not making sure that their children are taught how to argue the federal government's constitutionally limited powers is the following imo. After Butler was decided, FDR's activist majority justices seized the opportunity provided by another agriculture-related case, Wickard v. Filburn, to unconstitutionally expand Congress's Commerce Clause powers. In fact, not only does the Wickard v. Filburn opinion not refer to the 10th Amendment-related agricultural precedent in the prevoius United States v. Butler case (corrections welcome), but using terms like "some concept" and "implicit," here is what was left of the 10th Amendment in the Wickard opinion after FDR's activist justices got finished with it.

“In discussion and decision, the point of reference, instead of being what was “necessary and proper” to the exercise by Congress of its granted power, was often some concept of sovereignty thought to be implicit (emphases added) in the status of statehood. Certain activities such as “production,” “manufacturing,” and “mining” were occasionally said to be within the province of state governments and beyond the power of Congress under the Commerce Clause.”—Wickard v. Filburn, 1942.

FDR's corrupt justices essentially watered down 10th Amendment-protected state sovereignty to a wives' tale.

Again, the country is reaping the consequences of parents not making sure that their children are being taught the federal government's constitutionally limited powers. And Judge Andrew Napolitano will take about three minutes of your time to read those powers to you.

Judge Napolitano & the Constitution

24 posted on 02/23/2014 1:04:26 PM PST by Amendment10
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To: matt04
"This is my badge. These are the fines. This is what is hanging over your head, and we want you to know that," Crawford says the official told him.

Shoot, shovel, shut up.

25 posted on 02/23/2014 1:05:25 PM PST by JimRed (Excise the cancer before it kills us; feed & water the Tree of Liberty! TERM LIMITS NOW & FOREVER!)
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To: grania

Instead of exemption, how bout we just eliminate the rules at the federal level.


26 posted on 02/23/2014 1:21:19 PM PST by andyk (I have sworn...eternal hostility against every form of tyranny over the mind of man.)
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To: andyk
They can't have the right to infringe upon your ability to grow and consume a plant on your property

Oh YES they do, it's from a disastrous commerce clause ruling from the new deal era... Wickard V. Filburn Read it and watch your blood pressure rise...

27 posted on 02/23/2014 1:33:18 PM PST by Axenolith (Government blows, and that which governs least, blows least...)
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To: andyk
Instead of exemption how 'bout we eliminate the rules at the federal level?

There's nothing wrong with sane rules to keep our food supply safe and fresh. The rules should be at a minimum.

The rules we have are insane. They thwart the production of locally grown foods and allow all kinds of poisons to be used as fillers. Local farmers have sometimes impossible restrictions while crap is imported from China and other third world cesspools. At home, invaders who don't follow our cleanliness standards are allowed to be used as near-slave labor, subsidized by federal handouts.

If there were no rules, there'd be no restrictions on corporate farming. With that, you'd get even more of the problems they cause.

28 posted on 02/23/2014 1:51:27 PM PST by grania
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To: grania

I said at the federal level. Reel it in. Or, feed at the same trough. Up to you.


29 posted on 02/23/2014 1:55:16 PM PST by andyk (I have sworn...eternal hostility against every form of tyranny over the mind of man.)
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To: andyk

There have to be the minimum necessary of food saftety rules at the federal level or the corporate culprits will shop for the states that let them get away with the most.


30 posted on 02/23/2014 2:00:37 PM PST by grania
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To: Axenolith

Heh. I’m well aware of the Wickard ruling, and the “conservative” justice Scalia furthering it in Raich. He’s no friend of us. Thomas is a blessed gift to free citizens.

What you’ve done is make my point. I was trying to do so without making it about a specific plant, which is how laws should read. Government is given the power to govern over an activity or it’s not.


31 posted on 02/23/2014 2:14:36 PM PST by andyk (I have sworn...eternal hostility against every form of tyranny over the mind of man.)
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To: grania

There is no such power given to the fedguv. If you believe there is, then you can’t be upset with other usurpations like Obamacare. Think I tried to make this point earlier. I’ll have to look at the thread again.

Those states will allow your restrictions and become ostracized. Or they will prosper and be emulated.


32 posted on 02/23/2014 2:26:16 PM PST by andyk (I have sworn...eternal hostility against every form of tyranny over the mind of man.)
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To: Dr. Thorne

Bingo.

I think everyone in these federal power poaitions was a former board member of one of the big 3 ag conglomerates. ADM owned Bush and they sure aren’t about to bash Obama with his love of ethanol mandates.


33 posted on 02/23/2014 2:49:56 PM PST by Organic Panic
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To: matt04
alarming reports from public health agencies about widespread food contamination. Tens of millions of consumers are sickened by tainted food each year, and some 3,000 die annually as a result

Many of those, of course [assuming the numbers are even close to accurate] have no idea of how to clean the food or cook it. This is an example of the liberal communist view that the people are too stupid to even cook their own dinner without the state's help.

34 posted on 02/23/2014 4:33:45 PM PST by BfloGuy ( Even the opponents of Socialism are dominated by socialist ideas.)
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To: AdmSmith; AnonymousConservative; Berosus; bigheadfred; Bockscar; cardinal4; ColdOne; ...
Food safety advocates have urged regulators to hang tough. "We don't believe large facilities are the only place where outbreaks are happening," said Caroline Smith DeWaal, food safety director at the Center for Science in the Public Interest in Washington.
It's not about food safety, it's about totalitarian control. Thanks matt04.
35 posted on 02/23/2014 5:59:08 PM PST by SunkenCiv (http://www.freerepublic.com/~mestamachine/)
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