Paul Griepentrog (c)copyright 2010
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The following is a response to my concerns regarding S510 and the enforcement provisions in the regard to the violations of due process and failure to provide just compensation for the proposed takings. Having watched C-Span testimony on this bill leads me to believe that none of the senators truly understand the impact of the implementation of these bills. Senator Feingold is an attorney and sits on the house judiciary committee and yet failed to respond to these legal concerns. Claims of broad based support for these food safety bills is only an indication that there is no cure for stupid.________
Honorable Senators;
The proposed bill S 510 leaves much to be desired in its application from a judicial aspect. It voids due process of law and equal protection under the law by allowing the administrator only reason to believe to initiate a takings against a food producer in the form of a recall. It effectively converts the right to produce and share food that has been enjoyed since agrarian societies emerged, into a crime.
Despite claims of food safety it effectuates a furtherance of consolidation of production, to the mega corporations’ advantage by eliminating small producers, raising the potential of tortuous claim for economic advantage.
A formal rebuttal was filed regarding FDA’s claim of interstate authority applying to local production, on the Federal Register, wherein the FDA sought to gain authority for rulemaking and thereby having commenced an action. Having failed to respond the FDA is therefore in default and has acquiesced by silence to the fact that it has no authority over interstate trade.
Response from Senator Feingold:
Dear Mr. Griepentrog,
Thank you for contacting me regarding S. 510, the Food Safety Modernization Act and your concerns about the inspection and safety of imported food and food products.
As you know, Senator Dick Durbin (D-IL) introduced the Food Safety Modernization Act on March 3, 2009. The Senate Committee on Health, Education, Labor, and Pensions passed S. 510 on November 18, 2009. You can find information about this legislation at http://help.senate.gov/, including efforts of Senator Durbin and others to address concerns about the legislation.
On September 24, 2008, I sent a letter to then-FDA Commissioner Andrew von Eschenbach expressing my concerns about melamine contamination in Chinese dairy products. This recent series of contaminations killed several children in China, and sickened thousands more.
I have heard from several Wisconsinites who are concerned about the impact food safety legislation may have on small producers and processors. As the main proponent of a provision included in last year’s farm bill to expand and improve USDA’s office responsible for small farms and ranches, I am particularly mindful of concerns that any of these regulations could unduly burden small farms or interfere with local food systems. That is why I am a cosponsor of S. 2758, the Growing Safe Food Act. Senator Debbie Stabenow (D-MI) introduced this legislation, which would establish a national food safety training, education, extension, outreach, and technical assistance program for agricultural producers. This bill would profit NGOs and governmental agencies in the attempt to educate producer about processes we have practiced for decades and is effectively a welfare check for governmental agencies and NGO’s.
I have consistently supported programs like the Rural Microentrepreneur Assistance Program (RMAP) and the Value-Added Producer Grant program that provide assistance to locally focused and operated enterprises. I have also heard concerns from some Wisconsinites that food safety legislation would eliminate organic food and regulate personal gardens. I will keep these concerns in mind should such legislation come before the full Senate. More welfare programs and a very defined failure to commit on the issue in an election year.
I will continue to support efforts to protect American consumers from unsafe food and products. Thanks again for contacting me. I look forward to hearing from you in the future about this or any other matter of concern to you.
Sincerely,
Russell D. Feingold
United States Senator
the only way we will be able to stop this takeover is by standing up and supporting our farmers and ranchers. This means publicly. we all need to get out there and emand they be left out of the corporate equation. Our farmers and ranchers kept this country in good supply of safe food until the government stuck its nose in and we got this damned “global economy”. We need to circle the wagons and protect those who have historically worked to keep this nation supplied with food…….and nothing they produced had to be genetically modified or brought infrom China. Marti
Well, I think Durbin should stake his life on S 510. If it craps out on the real people of this country we should be able to haul him out on his ass and hang him. Let’s see if he’ll be up for that because I think we should just assume all of this shit they are trying to screw this country with will be passed by those who do stake their lives on the bills they pass. Good hunting.
I have gotten similar responses from Feingold….I have given up on writing him