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FDA and Milk Regulation

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Lynn Swearingen  (C) copyright 2010 All Rights Reserved

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“In one sense this is yet another ridiculous example of the United States Government getting involved in a situation in which it should have no say. We all should have concerns when the FDA releases comments such as the following:” More

N.O.R.M. enters rebuttal to FDA presumptions on Federal Register

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680 E. 5 Point Hwy. Charlotte, Mich. (48813) 517-543-0111

“FDA is not and, by the construction of this government, cannot be authorized to determine its own jurisdiction. It must operate within the bounds of the administrative structure authorized by the legislative power harmonious with the limited, delegated powers identified in our constitutional system.”

 

June 7, 2010
RE: FDA-2010-N-0085
To Whom it may concern:
This document is submitted by:

National Organization for Raw Materials (NORM, http://www.normeconomics.org)

and:  See list below for names of those submitting)

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This comment seeks to inform the development of an FDA regulation establishing “safety standards for fresh produce at the farm and packing house” and sanctions for non-compliance. In doing so, it rebuts the jurisdictional presumption through which, under the guise of “food safety,” FDA seeks to vastly exceed the reach of its federal regulatory sphere of action.

Federal executive regulatory power is seated in and restricted to the delegations specified within the Constitution. As stated in Art. I, §8, cl. 18, “Congress shall have power to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.” Regulatory jurisdiction statutorily delegated to any agency cannot exceed the jurisdiction of the legislative authority as constitutionally specified. More

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