Senator Franken: I hope you will excuse my posting this in the form of an Open Letter. Since the Patriot Acts have added a whole new dimension to the expression ‘snail mail’, and given the importance of this matter to so many people, this presented the best way for me to get our views on your desk.
December 14, 2010

Senator Al Franken
60 East Plato Blvd
Suite 220
Saint Paul, MN 55107

Re: Food Safety Modernization Act

Dear Senator Franken:

In an e-mail this morning you shared your views on the sometimes-called Food Safety Modernization Act, offering answers to several frequently asked questions.

I find two questions/answers particularly concerning:

Will the Food Safety Bill include new recordkeeping requirements for farms?

NO. The Food Safety Bill does not require that farms keep any new food safety-related records.


http://www.fda.gov/Food/FoodDefense/Bioterrorism/FoodFacilityRegistration/ucm063700 FDA redefines farms as any “facility” that…….

Will the Food Safety Bill charge farms and small businesses new registration fees?

NO. The Food Safety Bill does not charge registration fees of any kind.


Every farm or ranch will be required to register under the nefarious Premises ID registration program. This is a conveyance of title to property to the control of HHS or FDA, USDA or any number of the alphabet agencies that operate as public services, but which are, in fact, privately held corporations.

Once registered in Premises ID, you have entered a contract with the state and federal agencies, although this contract is NOT stated and most property owners have no idea that not only have they entered into a legally binding contract with a federal or state corporation, and that they have conveyed title ownership to these agencies. Once in the system, licensing requirements, forfeiture of 4th Amendment rights regarding warrantless seizures and trespass, property rights violations, due process violations, and the prohibition on judicial review kick in. In order to continue to engage in lawful business and trade, you are now required to obtain electronic equipment to comply, special licensing etc., and, this will necessitate the producer paying registration fees of $500 per year in order to be in compliance with the system.
Apparently, you are basing your Q and A on S.510, passed on the 19th then blue-slipped by the House so that the original HR 2749 could be passed without vote.

Many, if not all of the views expressed in your e-mail have been refuted many times. The bill is now back to being HR 2749, the police state bill. It was stuffed into HR 3082, a shell bill that had been passed out of committee, then gutted entirely and replaced with the funding resolution. The FDA Food Safety Modernization Act was inserted into this funding bill beginning on page 185. On page 191, it begins the small producers section calling for ending roadside stands, farmers markets, and Certified Food Services. In any event, the bill calls for the presentation of documentation to gain that exemption for small producers: three years of taxes, sales records, inventory records, customer records…the same as if one were in full compliance.

Senator Franken, either you knew all this, which makes you no better than the sleaze that is promoting this world-wide corporate control of agriculture

 – or –

Your motives are honorable, but you have been sucked in, like it is hoped all the rest of the electorate have been, to believing this legislation actually has something to do with Food Safety.

Neither scenario bodes well for your continuing as my Senator.

From the beginning, when I learned that you had signed on to S.510, I harbored the hope that you had been misled by the title of the bill, and had endorsed it before you or your staff had read it.

You can restore my faith and regain my support by rescinding your sponsorship of this crap and printing the truth about this whole debacle on your web page.


Dan Martin