Marti Oakley w/ Paul Griepentrog  (c) copyright 2010

All Rights Reserved. Contact ppj.gazette5@gmail.com for permission to reprint or distribute in any form. 

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Although the administrative agencies may seek to derive authority through the Emergencies Powers Act vis- a -vis:  Wickard v. Filburn their failure to procure parity prices voids their authority.

“What is being attempted here is the creation of a fiction of law which the FDA will attempt to enforce under the color of law, all the while knowing they have neither legal nor statutory authority to do so.  The assumption is of course, the public is totally unaware that this is an unlawful action and will simply comply out of ignorance of their rights.”

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This is the opening volley by the government whose intent it is to totally bypass S.510 and HR 2749 and implement what these attorney’s listed below must know to be a legal fraud on the American public. The stage show that has been ongoing regarding the passage of these two fake food safety bills and numerous others has been conducted to divert attention away from the actual project being finalized under the Obama “Food Safety Working Group”.  This group is in no way concerned with food safety, but rather with attempting to create a crisis where none exists then to exploit it for corporate profiteers.

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FDA Authority to Regulate On-Farm Activity

Vanessa K. Burrows

Legislative Attorney

American Law Division

Summary

http://www.producesafetyproject.org/admin/assets/files/0022.pdf

Summary Recent concerns regarding fresh produce contaminated with E. coli or Salmonella have brought attention to the Food and Drug Administration (FDA)’s regulatory authority. Some advocates have requested new FDA food safety regulations, including rules that would regulate activity on farms. One question is whether the FDA has the authority to regulate on-farm activities. H.R. 1108 and S. 625, which would authorize the FDA to regulate tobacco products, would limit the FDA’s authority to regulate activities on certain tobacco farms. However, it appears that the FDA has the authority to regulate at least some on-farm activities related to other food products under the Federal Food, Drug, and Cosmetic Act and the Public Health Services Act.  In 2004, the FDA issued a proposed rule governing safety procedures for shell eggs, which would be its first comprehensive on-farm regulation. Legislative proposals, including H.R. 912, H.R. 3624, H.R. 5620, H.R. 5904, H.R. 6581, S. 2077, and S. 3385, also address the FDA’s role on farms._____________________________________

What was omitted from the above summary, was that the FDA did not at any time ever possess the Constitutional authority to interfere with or to regulate private agricultural commerce and trade, and does not, even now, possess such authority.  Furthermore, any enabling statute must conform to Constitutional authority and provisions to be valid. 

The FDA, and the O’Neil Institute for National and Global Health Law, along with numerous other titled and compensated professionals, working group partners and special interests, assembled by the Obama administration assumed there were none to few of us out here, aware of this lack of lawful authority; we are aware.  More