HR 875, also known as the Food Safety Modernization Act of 2009, was introduced by Rosa Delauro – a democratic party member of the United States House of Representatives from Connecticut – in February of 2009. The title of HR 875, The Food Safety Modernization Act of 2009, sounds innocuous enough – even comforting, but its implications yield a much, much different story.
HR 875 as it is written today, could very well mean the end of the vibrant and growing local foods movement. Yes – if it passes – it could herald the death of farmers markets, most CSAs, farmstands and even small family-run farms altogether.
Ostensibly, HR 875 or the Food Safety Modernization Act of 2009 would bring greater accountability to our imperiled food system. Indeed, with salmonella-infected peanuts and spinach laced with e-coli, who isn’t crying out for improvements in food safety?
However, HR 875 fails miserably in promoting food safety. Rather, than promoting true accountability and proper farming techniques that minimize the risk of introducing pathogens into the food supply, it simply will create greater barriers for our already struggling small farms and farmers markets.
HR 875 mandates that anyone who produces food of any kind – meat, milk, fruit, vegetables et cetera – and transports that food for sale be subject to warrantless government inspections of their farms and food production records. These random inspections can be conducted at the whim of federal agents without regard to farmers rights or property rights. Further, the law would allow federal agents to confiscate records, product as they see fit as part of the inspection process.
Agents could also implement draconian restrictions regarding how farm animals can be fed, how fields can be managed and the end result of these restrictions could mean the end of organic, biodynamic and sustainable agriculture practices if these practices are deemed “unsafe.” Farmers refusing to comply would be subject to penalties.
The penalty for denying federal agents unlimited, random access to a farm’s fields, properties, products and records is up to $1,000,000. The penalty for not registering is up to$1,000,000.
Remember, this law would affect every farmer or food producer who must transport his goods to sell them – in effect, every single farmer. That means that an orchard that sells fresh fruit at a roadside stand would be affected; a farmer who delivers CSA boxes would be affected, even a home gardener who brings excess harvest to a farmers market’s community booth would have to register or be subject to $1,000,000 fines and that garden plot would be subject to inspection by federal agents. Ridiculous, isn’t it? But it’s true.
HR 875 is such a massive bill, with such massive requirements and restrictions that, in effect, only huge agribusinesses would be able to effectively meet all its requirements. The small family farm would be history and, along with it, farmstands, farmers markets, most food cooperatives and CSAs.
Now, let’s get back to Rosa Delauro who introduced HR 875 in February. Ms. Delaura is married to Stanley Greenberg. Stanley Greenberg is a political consultant whose clients have included Monsanto–Monsanto, the same corporation, who blessed us with RBGH and genetically engineered seeds. Should we really trust Ms. Delauro or her husband to make these kinds of decisions for the American people?
My husband and I run a farmers market – a vibrant and growing farmers market in the heart of ski country. Now, it’s taken our blood, sweat and tears (and I do mean real blood, real sweat and real tears) to make our market succeed. Were this bill to pass, it would mean the end of our market as our farmers – some of whom grow on as little as a single acre – would be forced to close their gates. It would also mean the end of our local CSAs – all of which are delivered from the farm after a winding trip through the mountains.
The bill has not passed yet, so you still have time to act. Remember, eating is now a political act so exercise your rights.
Act now:
- Read the full bill here: HR 875 – Food Safety Modernization Act of 2009.
- Contact your representative and inform them you oppose HR 875.
- Tweet this post and spread the word about HR 875.
- Stumble this post and spread the word about HR 875.
- Blog about your opposition to HR 875.
- Contact your representative AGAIN and make sure the message gets through.
I see in the above overview of the bill under discussion that the new proposed Agency will address Interstate Commerce operations:
Establishes a new agency – Food Safety Administration within the Department of Health and Human Services. Headed by Administrator of Food Safety, who is appointed by President.
- This new department takes food safety responsibilities currently held by FDA – Center for Veterinary Medicine, Center for Food Safety and Applied Nutrition, National Center for Toxicological Research, Office of Regulatory Affairs (inspection, labs), voluntary seafood inspection activities of National Marine Fisheries Service (Commerce) – and moves them into new agency.
- It does NOT affect authority of USDA to inspect meat and poultry.
- Agency’s authority applies to food that enters interstate commerce.
if this is correct then a LOCAL farmers market/local cow share etc would not be subject to Federal regulators? But of course if you live near the border of state A and want to sell your honey/apples/almonds in State B, you would be?
Also this concept of a Food Establishment as a separate entity from a single farm or a single restaurant seems a bit confusing.
It’s my understanding that the new bill does affect local farmers transporting their goods locally. While the bill does NOT directly regulate direct marketing by farmers (i.e. farmers markets, CSAs, cow share etc), it does mandate that anyone transporting foods from the point of origin to a secondary point for sale be subject to these regulations and fines. In this respect, even local farmers would be affected; further, since the bill fails to differentiate between the size of the operation every grower who engages in any sales outside of the property of origin is affected regardless of locality. Because of that regulation, it indirectly affects local farmers markets, CSAs etc.
While the language of this bill does disturb me I’m also dubious about the bordering on hysteria tone of this article. Jenny, according to Snopes.com you have at least one major argument you make is based on misleading information. Rep. DeLauro’s husband, Stanley greenberg, has not had any business dealings with Monsanto for over a decade. We all need to keep our facts as clean as possible if we’re to be taken seriously n our efforts to promote local, organic, and family run farming.
Hi Jeff-
I’m not sure what’s misleading about stating that Stanley Greenberg’s clients have included Monsanto. It’s absolutely true – even if that work took place 10 years ago or yesterday. Regarding tone, I speak from a personal note and that is unlikely to change. NourishedKitchen.com is a personal site and my readership comes here not only for information on health, wellness, food and food politics but also because this is a personal journey that they can share with me. Organic Consumers and other sites like those fill the niche for the impersonal and they do it well, but that’s not the focus at NourishedKitchen.com nor is it likely to be.
I’m afraid Jeff, Bob S., et al are missing the point; in fact, their arguments are precisely the kind of pseudo-balm which statists like DeLauro hand out to defend attempts at over-reaching. This bill is currently just a ‘resolution’, like so many attempts at getting a foot (or two) into the door. Yet chances are good the ‘resolution’ will be magically transformed into an act – it even CALLS ITSELF an act.
The points are: 1) This ACT establishes yet one more federal bureaucracy with vaguely defined powers, easily increased or abused in this day of Washington Run Riot with unconstitutional power. Can anyone seriously doubt that those newly-granted ‘powers’ WILL be abused?
and 2), for those that have no knowledge of what happened in the Soviet Union shortly after the revolution: take a look at the history of collectivization of farms under the Bolsheviks. Millions and millions of small farmers, objecting to being ordered to move off their small farms onto state farms, were simply machine-gunned by the red guard.
It’s all about power, people. And another slogan from the Russian Revolution: “No Enemy On The Left!” – sound like anything going on these days?
Look at all the enormous bills passed since Jan 20, with no time to even look at them. Now we find many little hidden ‘sleeper’ sections which dramatically increase federal power in unconstitutional ways. This is the promised ‘TRANSPARENCY’ ? This is just fascist statism.
How dare they!! Those jackasses in congress don’t know crap!! They just come up with random things!
VOTE NO! VOTE NOOOOO!!!!
What will happen to Subway Restaurants! Hope they find other ways of getting food, cause I still work there.
Thanks for your article. I’ve been looking over HR875 and I am trying to understand how, via the law, this would effect an individual, say, planting his own garden for family use? Do you know where it is reference about individual gardens or does it only effect those who sale their produce?
Also, question regarding churches or other non-profits who sale tickets to events and serve food. Will this effect them as well. Can you site which clause in the bill??
Appreciate your comments and thanks for posting this subject matter and making folks aware.
Hi Sandy –
This bill only affects home gardeners if they also sell their produce. For example, in my community, we have several home gardeners who sell extra lettuce or other veggies at the farmers market community booth but who do not otherwise engage in sales. These gardeners would be affected by the bill as it is currently written because they transport food for sale. However, if you’re just planting food for your own family and don’t transport it for sale, you’re unaffected. The law doesn’t specifically state that home gardeners are affected; however, the bill fails to exclude them from the requirements so they are included by default.
Regarding church sales similar to what you’re discussing, I don’t recall having read anything in the bill that would affect them. So you’re probably okay and just subject to local/state health codes.
Dear Mr. Shuler,
This bill must be stopped. We should have every right in this great country to choose to buy organic or not.
As you well know, organic is the safest, healthiest that we can consume.
Thank you.
Ms. Marcum
Brevard, NC 28712
HR 875 does not distinguish between personal slaughter and custom slaughter as it is exempted in the Federal Meat Inspection Act/Poultry Inspection Act. It is my view that HR 875 will bring these two classes under their perview as Class 1 Food Establishments – Custom Slaughter is exempt but under provisions by the Secretary, if HR 875 passes – personal slaughter – or even the potenial thereof will be in this class. Facility is the word used in FDA language, which states
that individual home owners are not designated as a facility. Facility is defined along with the rest of the terms…establishment is not defined. However Class 1 food establishments are defined as those establishments exempt from Federal Meat Inspection/Poultry Inspection act. This is as clearly murky by design, do not wade in these treacherous waters,
and of course oppose this devious HR 875. No time to edit, sorry for any typos/
Check out Sally L. Rubis’s last post: MONSANTO a.k.a. FOUR HORSEMEN OF THE APOCALYPSE.
Dear Representative Gerlach,
I’m writing to inform you of my opposition to bill HR 875, also known as the Food Safety Modernization Act of 2009.
HR 875, which was introduced by Congresswoman Rosa Delauro, will be needlessly damaging to all farm-to-consumer activity in our nation. In this time of great economic uncertainty the local food movement has provided a glimmer of hope, a glimpse of a path that might lead us, as a nation, out our depression.
It has been made clear, from the new administration’s recent campaign that grass roots efforts work — That they are effective and powerful. We are capable of creating big change by organizing locally. This is the model that will also save our food chain.
I recognize that it seems like having many small farms would be a logistical nightmare and much more difficult to monitor than having fewer larger ones, yet a look at our recent food scares should quickly negate this argument. All of our tainted foods have come from large agribusiness with supposedly rigid standards.
We must not allow fear to end our support for local farmers. Now is when we need to support them and help them grow. We cannot let the interests of the giant agribusinesses deny us of eggs hatched at our local CSAs, or lettuce grown down the road and sold at the local farm stand.
These are our civic spaces, our communal places; we need them to thrive again. We must support small farmers in our nation. Our future depends on it.
Our communities are being made stronger and healthier with the greater availability of locally grown food. It is imperative that giant agribusinesses are not the sole providers of food in this nation.
I implore you to oppose HR 875 – The Food Safety and Modernization Act – and to urge other congressmen and women to do the same.
Thank you for your time.
Sincerely,
If you remember anything do remember that such ilk as Monsanto and cronies have a vested interest in seeing this bill passed. It’s all about profit! They aren’t producing barren seeds for the betterment of man, they aren’t copyrighting genomes out of a concern for man’s future, they aren’t suing farmers for circumstantially having their copyrighted pollen (for producing barren seeds) wind-borne pollinating their ‘normal’ corn crops because they love the idea of the homeland American farm…it’s profit and profit alone that drives Monsanto and subsidiaries. Also keep an eye on their blitzkrieg attempts to takeover the water rights of third world countries.
Interesting…I believe the communists did this in Russia as well…which led to serious food shortages.
Not to spread doom and gloom, but if you people allow this bill to be passed into law and enforced, you deserve extinction. Plain and simple.
Now, it’s probably going to be passed into law one way or another. Understand? Name one repressive so-called “law” now on the books that YOU actually desired or had a chance to vote for. None of them, right? These “laws” that have stripped you of all semblance of Unalienable Rights? Why? Because your elected officials are whores, owned and operated by… well, you know who owns them, don’t you?
As I see it, your only choice is that when the inspector comes, you take him and crucify him on the side of your barn or garage. And do it that to the next one as well. If you are arrested, then you can be tried by a jury of your peers. If you don’t want to be tried by a jury of brainwashed, dumbed down morons, then resist and perish! Not so palatable, eh? Tell that to all the soldiers who died fighting for your Rights… or so they imagined. As we both know, they were actually fighting for… well, you know who they were fighting for, don’t you.
If the truth is not palatable and the solution not pleasant, then stop complaining and crawl on your belly and lick the hand that feeds you (frankenfood). Have a nice day.
when i was growing up (on a farm), we WASHED our veggies when we brought them in, everything that was grown, slaughtered etc. was processed immediately and frozen or cooked, what ever was required.
Are people so lazy or (uneducated) that if they cant properly prepare their
food that farmers and grocers are held responsible? ( there are special circumstances) but for the most part, 20 people go into a store and pick that head of cabbage or package of meat up and set it down for another, I personally think that is more of a health hazard than the small farmers and their fresh produce etc. PLEASE do not follow through with this. PLEASE STOP the HN 185 bill. thank you.
Beverly -
I just want to thank you for your comments today. I really hope that we start seeing a lot more personal responsibility and a lot more accountability for big agriculture. Small farms, as you well know, do not need and should not have to shoulder the burden of these regulations.
- Jenny