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FDA: Failure to produce parity prices voids their authority; and so do unlawful acts of legislative and agency fraud

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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

MOU #4 An update on Healthcare Reform and Congressional corruption

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by: Marti Oakley (C) copyright 2010 All Rights Reserved

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“That it is the right of the people using the process of nullification, to void any federal law on the basis of state sovereignty.  Be also advised that public health is a non-positive law and exists in the corporate US Code & Title as only prima facie evidence:  this means it cannot be used as evidence of criminal conduct and cannot be used as a rebuttal for defense of the state. 

Also be advised, that as non-positive code, healthcare reform acts are unenforceable.  Neither can these acts be codified into federal law, even if entered into the Federal register as they are not in the enumerated powers of the federal government.”

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MOU #4 An update on Healthcare Reform and Congressional corruption

Greetings:

Consider this a memorandum of understanding (MOU) to all members of the Senate, all members of the House, and to President Obama.  I am sure you are fully aware of the intent and implications of MOUs, as each of you, in one way or another, uses them to establish the outlining of agreements between yourselves, collectively or individually, concerning the agreements you have made with individuals acting as state’s representatives or agencies; generally to avoid Constitutional prohibitions on your intended actions and in avoidance of the Constitution.  I am using it in quite another fashion as you will see in the following text. More

Health legislation is non-positive corporate code: the federal government is not empowered to legislate healthcare

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by: Marti Oakley (c)copyright 2010 All Rights Reserved

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As hard as the White House tries to change the subject, the war over healthcare just won’t go away; and it shouldn’t.  Public health is not in the enumerated powers of the constitution and is written into the corporate US Code & Title as a non-positive title. 

Public health is non-positive meaning it cannot be used as the basis for criminal charges and cannot be codified into binding US law.  As a non-positive entry it is unenforceable.  Any law passed by congress regarding public health is non-binding and unenforceable, and they know it.  So does every state attorney general out there as does every blowhard attorney and scholar who claims the federal government is within its rights when they know for a fact, it is not.  The only place this law is enforceable is in the ten square miles of the District of Columbia: the Federal Zone. More

Old NAIS vs. New NAIS: No Way! No How!

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by Marti Oakley (C) 2010 copyright ALL RIGHTS RESERVED 

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The good news is the federal government has abandoned its original National Animal Identification System (NAIS).

The bad news is they just gave it a new alphabet name; National Institute for Animal Agriculture (NIAA).

Under US Code & Title, Agricultural dictates are listed as non-positive law, as is Commerce.  What this means is that although they have written corporate codes, statutes and regulations and they can site them as existing……these same codes, regulations and statutes are not enforceable by the federal government as they are not in the enumerated powers of the federal government.  This renders them “non-positive”.  And this is why government has created autonomous agencies which are incorporated and for-profit.  These corporations then write the necessary rules and regulations and buy access to the states via cooperative agreements with state agencies, also incorporated and operating for-profit.  Its corporate contract business. More

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