Tuesday, May 18, 2010

No right to choose your own food?

According to the Federal Government, you do not have a right, nor have you ever had a right, to choose your own food!  Do you think I've lost my mind?  This case is being argued over that very dangerous food....raw milk.  If you think it will stop there, we need to have a talk.  Read on and perhaps you will be as outraged as I am...

'Plaintiffs do not have a fundamental right to obtain any food they wish'

Posted: May 14, 2010
1:00 am Eastern
By Bob Unruh
© 2010 WorldNetDaily

Attorneys for the federal government have argued in a lawsuit pending in federal court in Iowa that individuals have no "fundamental right" to obtain what food they choose.
The brief was filed April 26 in support of a motion to dismiss a lawsuit filed by the Farm-to-Consumer Legal Defense Fund over the U.S. Food and Drug Administration's ban on the interstate sale of raw milk.
"There is no 'deeply rooted' historical tradition of unfettered access to foods of all kinds," states the document signed by U.S. Attorney Stephanie Rose, assistant Martha Fagg and Roger Gural, trial attorney for the U.S. Department of Justice.
"Plaintiffs' assertion of a 'fundamental right to their own bodily and physical health, which includes what foods they do and do not choose to consume for themselves and their families' is similarly unavailing because plaintiffs do not have a fundamental right to obtain any food they wish," the government has argued.
"S. 510, the Food Safety Modernization Act of 2010, may be the most dangerous bill in the history of the U.S.," critiqued Steve Green on the Food Freedom blog. "It is to our food what the bailout was to our economy, only we can live without money."
The plan is sponsored by U.S. Rep. John Dingell, D-Mich., who explains the legislation "is a critical step toward equipping the FDA with the authorities and funding it needs to regulate what is now a global marketplace for food, drugs, devices and cosmetics."
His website explains, "The legislation requires foreign and domestic food facilities to have safety plans in place to prevent food hazards before they occur, increases the frequency of inspections. Additionally, it provides strong, flexible enforcement tools, including mandatory recall. Most importantly, this bill generates the resources to support FDA food-safety activities."
The proposal cleared the U.S. House last year but has been languishing in the Senate because of a full calendar of projects. It creates a long list of new requirements for food-producing entities to meet the demands of the secretary of agriculture. It is expected to be the subject of discussion in coming days.
The Iowa case alleges the federal restrictions on raw milk are a violation of the U.S. Constitution, according to a report at Natural News.
The federal attorneys want the case dismissed.
"The interest claimed by plaintiffs could be framed more narrowly as a right to 'provide themselves and their families with the foods of their own choice,'" the government document states. But the attorneys say that right doesn't exist.
"The FDA essentially believes that nobody has the right to choose what to eat or drink," said the Natural News site, which explains it covers topics that allow individuals to make positive changes in their health, environmental sensitivity and consumer choices.
"You are only 'allowed' to eat or drink what the FDA gives you permission to. There is no inherent right or God-given right to consume any foods from nature without the FDA's consent."
The Natural News report continued, "The state, in other words, may override your food decisions and deny you free access to the foods and beverages you wish to consume. And the state may do this for completely unscientific reasons – even just political reasons – all at their whim."
The report cited an increasing level of frustration on the part of the federal government because of tactics including buying "cow shares" in which a consumer drinks milk from a cow he partly owns, or "buying clubs."
"This arrangement drives the FDA absolutely batty because it bypasses their authority and allows free people to engage in the free sales of raw dairy products produced on small family farms," Natural News said.
The report blames the aggressive campaign against raw milk on large commercial dairy interests, "because it threatens the commercial milk business."
The reason cannot be safety, the report said, since a report from the Weston A. Price Foundation revealed that from 1980 to 2005 there were 10 times more illnesses from pasteurized milk than from raw milk.
The federal government attorneys say the FDA's goal is to prevent disease, and that's why the "ban on the interstate sale of unpasteurized milk" was adopted.
The attorneys conceded that states ordinarily are expected to regulate intrastate activity but noted, "it is within HHS's authority … to institute an intrastate ban as well."
Natural News reported the ban could be seen as violating the 10th Amendment to the U.S. Constitution, which leaves to states all powers not specifically designated in the Constitution for the federal body.
In fact, according to the Wisconsin State Journal, lawmakers there have adopted a bill, with the governor's support, that would allow farmers to sell raw milk directly to consumers.
The move puts Wisconsin in position to be the 20th state to allow direct sales of raw milk. Another handful of states allow retail sales.
Although the case being argues is about raw milk, this legislation affects far more than that...think gardens.  It has been "promised" that home gardens will be exempt...and we all know how this administration is keeping their promises don't we?

Rep. Dingell has a reputation for introducing legislation that empowers the federal government at the expense of the peoples rights and states rights.  Perhaps you ought to share your thoughts on the subject with his office...I know I will be doing so.

If we don't take a stand - each and every time our liberties are threatened - we will soon find ourselves without liberty.

Oh, and that whole raw milk thing....if you really believe it's a dangerous substance that should be regulated by the government....get in touch with me and I'll be glad to share with you what I learned a long time ago!




  1. It makes me feel really hopeless.

  2. where is a petition to sig? where do we protest? what representatives do we contact? we vote everytime we buy food! i will ot be hopeless... that is what they want! what we need is action and to be proactive! tell me where to go and what to do! who to write or call... i will march and lobby do whatever it takes.

  3. Oh how very scary! We live in a crazy time. Reminds me of the Third Reich.

  4. Rachel and Marcosw,
    Get involved, write letters to your representatives, make phone calls, call Dingell's office and express your opposition to the government telling you what you can or can't eat or drink. We must fight back. Most Americans complain but never express it to their Senators or Representatives - they think we don't care what they do in Washington D.C. - let's show them that they are wrong!

    Get involved in local and state politics - know who is running and what they believe. Make sure you vote for those who will support the Constitution. Change begins at home.

    Be encouraged - our Father is in control and loves us dearly!

  5. No surprises it's Dingell, one of the most labor-owned, lefty, pocketed, pro-nanny-state tyrants in Washington, D(isgusting) C(esspool.) Interestingly, though, the current Imperial Overlords support an (imagined) inherent right to rip a fetus out of a womb as part of "right to privacy" but won't support what we can put into ourselves in conjunction with that same inherent right. The hypocrisy is blinding.

  6. Please share your information regarding the health benefits of raw milk. I am wondering if we should consider investing in goats. I have heard that goat milk is much thicker than cow milk. My mother grew up on a farm and she doesn't like the taste of raw milk and I'm wondering if I could convince my children to try it or try to get used to it. I wonder if you could share about the texture, flavor, etc . . . of goat milk. Thank you.

  7. I think you have completely missed the point.

    It is one thing to have a right to choose your food. It is another thing to be able to sell that to other people.

    Are you saying that I can produce arsenic and should be able to sell this over the counter as a remedy for arthritis?

    The FDA has no jurisdiction over what you grow and consume yourself. It has jurisdiction on packaging and sales of food and drugs.

    No one is stopping you from eating your wife's breast milk. They are only saying that you can't sell it to other people because they can't GUARANTEE (and that is the critical part here) it's safety.

    Now, I am in no way saying that raw milk should be banned. The original case about raw milk should be solved by suing the FDA into creating a standard of testing and regulating raw milk. Like all food and drug products that come to market they have to be packaged and regulated properly. If consumers want raw milk then the FDA should be mandated to figure out if it can be safely packaged.

  8. Also, as someone who is a proponent of sustainability I would assume that a ban on 'interstate sale of raw milk' or a ban on 'interstate sale' of ANYTHING would be positive. Why should we be sourcing ANY milk outside our state. We need to get back to basic decentralized food production. A feed lot producing raw milk is not more sustainable than a feed lot producing pasteurized milk.

  9. You people are so afraid of government regulations, but it is the giant food corporations that you should fear. The fact is that govt inspections have DECREASED from over 50,000 annually in 1970 to less than 10,000 in 2005. The revolving door of big agribusiness and Washington regulators, as well as unprecedented DEREGULATION of the industry has undermined food safety and the FDAs authority to the point that E Coli and Salmonella outbreaks are weekly news. I am a Tennessean, and a farmer too, and I support your blog and most of what you post, but you are missing the point on this issue.

  10. Ryan,
    Actually, I think you missed the point. The Constitution does not give the Federal Government the right to get involved in this - We are regulated to death - it is not the government's job to guarantee my safety - that is my responsibility. If I want to buy raw milk, then that is my decision - not the governments. How can I purchase this if no one is allowed to sell it?

    In many states, such as my own, you can not even give it away. If you think they will stop here, think again. The FDA is one of the most corrupt government agencies - they are bought and sold all the time. Research how aspartame made it on the market - or many of the other drugs....it is eye opening. The Dairy Industry would never allow the FDA to approve/regulate raw milk.

    Each state needs to develop a "farm gate" clause. Many states have done this - it says if you come to my farm gate and want to buy something I have, then that is between you and me - none of the government's business.

    People do not understand how little freedom we have compared to 150 years ago. The Founders would have taken steps long before now to keep the freedoms they fought so hard to gain.

  11. John,
    I agree - most of the problems come from Big Ag and yes, there is a revolving door from Big Ag to the FDA and back again. Most of Big Ag manages to receive exemptions that small or organic farmers don't get. This is definitely a huge problem as you pointed out.

    However, I do not want MORE Federal government of any kind. I want this Republic to function as the Founding Fathers intended with the States holding the majority of power and the Federal Government kept in check. I want the Constitution followed in all things.

    I don't want the government to hold the opinion that I don't have an inherit right to choose my own food. This could set a precedent that bodes ill for our futures.

    I certainly do have an inherit right to choose my own food - as people have since the beginning of creation. I think it is time we start telling the government to get their nose out of many areas of our lives.

    Choices in our food, supplements, herbs, vitamins etc. are one of these areas. If we aren't careful, Codex will be implemented and we will end up just like Europe!

  12. Ryan,
    I agree completely - a decentralized food supply - local farmers, farmer's market, grow your own! However, the raw milk lawsuits are happening because people who live on the borders in a state where it is banned are crossing the borders into the next state where it is allowed to make their purchases.

    One of the greatest areas of abuse from our Federal Government is using the "interstate commerce" (Article 1, Section 8) clause incorrectly - taking the power to regulate everything. The abuse right now is unbelievable - do some research on this - it will open your eyes.


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