Marti Oakley w/ Paul Griepentrog  (c)copyright 2010


“A formal rebuttal was filed regarding FDA’s claim of intrastate authority 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 pursuant to Federal Rule 36 and has acquiesced by silence to the fact that it has no authority over    intrastate  trade.”


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 to have only a “reason to believe” to initiate a takings against a food producer in the form of a recall.  These same applications conspicuously do not apply to corporate producers.  In the case of the individual, it is a clear abrogation of rights perpetrated by a political body which seems intent on depriving the people of their rights. 

We find it difficult to believe that you, as Senators, would not be aware of the fact that you are intentionally abrogating the rights of individuals and are actively promoting the idea that prohibiting access to the courts and subjecting individuals to police state provisions, intended only to make it impossible for family and independent producers to remain in agriculture, would somehow be lawful. We find it disgusting that you would, using the jingosims of “food safety and food security”, hand the control of food production and supply over to corporations and international interests who are interested only in profits and how to control profits even if it destroys clean, safe food. 

These bills effectively convert the right to produce and share food that has been enjoyed since agrarian societies emerged, into a criminal activity. If what you are contemplating can only be accomplished by violating the rights of the people….whose interests are you really serving? 

The so-called companion bill S3767, introduced back in July, and recently updated is the criminalizing of the people’s right to property and liberty and to lawfully engage in free trade.  No action against the people is more threatening than that of a government intent on depriving the people of their right to food.  Just ask those who survived the 1920’s Holodomor..the holocaust of the Russian people as their government did just what you are doing now and centralized and seized all food production.  20 million + dead. 

We find it equally difficult to believe that you are not aware that you have no right, legal or otherwise, under any circumstances to make what is a “right” into a criminal act.  This has been reaffirmed repeatedly by SCOTUS. 

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 tortious claim for economic advantage and creating the legal and constitutional environment necessary to file constitutional torts against those individuals, acting under color of law and as agents of that law, as a result of congress passing what is known to be a fiction of law. 

Having read and combed through all versions of the bills; bills repeatedly attempting to end agriculture production, except as performed by industrialized corporate ventures, it becomes increasingly apparent none of these bills are actually about “food Safety” or preventing food borne illness.  What these bills are about is the implementation of unlawful international agreements, harmonization agreements and the odious global food control grab called Codex Alimentarius.  

Had any one of these bills actually been about securing the US food supply and making it safe, it would have included and focused on some if not all of these issues:

  1. Encouraging the growth of the independent and family farm and ranch sector of the US which has historically produced the safest food supply.
  2. The bills would have focused on ending the CAFO farms and ranches where the unsafe conditions are inhumane, and which create manure so toxic from the overuse of pharma of all kinds, it can no longer be used as a fertilizer as it has been used historically.
  3. The bills would have increased the inspections of massive processing plants where known problems repeatedly endanger the food supply.
  4. The bill would have increased the inspections of foods imported into the US…..especially from countries such as China which has with regularity continued to ship known contaminated food products into the US….all of which were dumped into the food chain, without inspection by USDA. 
  5. The bill would have prohibited the continuing of imports from countries such as China that pose a real and present danger to the food supply.
  6. The bills would have encouraged and funded the growth of domestic agriculture, not the expansion of corporate, for profit (even if it kills you), centralization.
  7. The bills would have been focused on ending the unethical, immoral and harmful growth of corporate food production at the expense of the public.
  8. These bills, all of them, would have focused on re-establishing a strong domestic agricultural base free of centralized corporate farming and ranching and would have recognized the fact that the only way the food supply can be secured is by producing everything we can right here at home.

Except for specialty items such as tropical fruits or other ethnic foods, we are quite capable of producing everything we need right here in the US. As an example: There is no need for milk products to be shipped in from China when the USDA claims we have such a milk glut in the Western states that herds must be culled or sold for slaughter to end the glut.  Of course this would require the USDA to stop manipulating milk prices to benefit trade.

This realization alone makes us wonder what the ulterior motive is of our government when it intentionally allows manipulation of prices and markets and pens bills that most of congress most likely has not even read; bills that will destroy the most valuable sector of our economy and the only sector which can actually be the catalyst to bring us out of the economic disaster created by government.

As if these acts of aggression against the public were not enough, you seek to enlarge and empower the FDA, as well as the USDA for no other reason than to bypass Constitutional prohibitions and to avoid recognizing individual rights.  The FDA is the same agency that has routinely approved lethal and toxic medications for use on the public, declaring them safe while they knew they were not, or, failing to test them adequately and still declaring them safe.  

The FDA regularly approves as “safe” medications that cause heart attacks, strokes, blood clots, flu-like symptoms, dizziness, vomiting, paralysis, seizures, and even death.  Do you really believe we want this agency, determined as recently as 2007 to be unable even to meet its minimal mandates, to be in control of our food?  They can’t even adequately do the job they were charged with. 

The USDA, while assembling swat teams and surveillance teams, in advance of what they have apparently determined to be a done deal and a massive enlargement of agency power and control, are hiring hundreds of new agents, while still claiming they do not have the personnel to inspect imports. 

The FDA, also seems to be working under the same assumption as USDA; the fake food safety bills will pass.  They also are ramping up their assumed new powers and have used the Federal Register to state their “belief” they already have the power that will be ceded to them under these bills.

The FDA has presumed (assumed) regulatory authority over farms involved in direct sales (intrastate) as being engaged in interstate trade claiming local direct sales impact sales outside the state.  This is much like the water argument that rain off your roof belongs to the state, it just fell on the wrong house. 

A formal rebuttal was filed regarding FDA’s claim of intrastate authority 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 pursuant to Federal Rule 36 and has acquiesced by silence to the fact that it has no authority over    intrastate  trade.

Recognizing this default of FDA is one thing; recognizing the fact that congress on any level has ceded away so much of its constitutional authority to corporate, privately owned government agencies, is something else. The fact is, even as congress moves against the people to advance this corporate agenda, it becomes increasingly apparent to the public that congress no longer serves a valid purpose.  Much like the agencies it has collectively and unlawfully empowered, congress has become a real and present threat to the viability and safety of the united but sovereign (50) states.