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  • From: Lynn Hudson <a_mountain_traveler AT yahoo.com>
  • To: Market Farming <market-farming AT lists.ibiblio.org>
  • Subject: Re: [Market-farming] HEADS UP! It will soon be illegal to growyour ownfood!!
  • Date: Mon, 16 Mar 2009 09:37:27 -0700 (PDT)


Here is more that I found....


Clarifying (it's more devious than I thought)
I had a few on another forum questioning, saying that the law applies ONLY to
"commercial processors" and not to private growers.

I looked more closely, and yes, it DOES say "farms, orchards, ,,," etc. are
excluded, BUT---it looks like it's saying--well, take a look:

(B) EXCLUSIONS- For the purposes of registration, the term ‘food
establishment’ does not include a food production facility as defined in
paragraph (14), restaurant, other retail food establishment, nonprofit food
establishment in which food is prepared for or served directly to the
consumer, or fishing vessel (other than a fishing vessel engaged in
processing, as that term is defined in section 123.3 of title 21, Code of
Federal Regulations).CommentsClose CommentsPermalink



5(14) FOOD PRODUCTION FACILITY- The term ‘food production facility’ means any
farm, ranch, orchard, vineyard, aquaculture facility, or confined
animal-feeding operation.

OK--so farms, ranches, orchards, vineyards, etc--NOT included under this law.

BUT----note what it SAYS that it DOES apply to:

A) IN GENERAL- The term ‘food establishment’ means a slaughterhouse (except
those regulated under the Federal Meat Inspection Act or the Poultry Products
Inspection Act), factory, warehouse, or facility owned or operated by a
person located in any State that processes food or a facility that holds,
stores, or transports food or food ingredients
And here, further--- (stay with me)---

2(5) CATEGORY 1 FOOD ESTABLISHMENT- The term ‘category 1 food establishment’
means a food establishment (other than a seafood processing establishment)
that slaughters, for the purpose of producing food, animals that are not
subject to inspection under the Federal Meat Inspection Act or poultry that
are not subject to inspection under the Poultry Products Inspection
Act.CommentsClose CommentsPermalink



(6) CATEGORY 2 FOOD ESTABLISHMENT- The term ‘category 2 food establishment’
means a seafood processing establishment or other food establishment (other
than a category 1 establishment) not subject to inspection under the Federal
Meat Inspection Act, the Poultry Products Inspection Act, or the Egg Products
Inspection Act, that processes raw seafood or other raw animal products,
whether fresh or frozen, or other products that the Administrator determines
by regulation to pose a significant risk of hazardous
contamination.CommentsClose CommentsPermalink



1(7) CATEGORY 3 FOOD ESTABLISHMENT- The term ‘category 3 food establishment’
means a food establishment (other than a category 1 or category 2
establishment) that processes cooked, pasteurized, or otherwise ready-to-eat
seafood or other animal products, fresh produce in ready-to-eat raw form, or
other products that pose a risk of hazardous contamination.CommentsClose
CommentsPermalink



( 8 ) CATEGORY 4 FOOD ESTABLISHMENT- The term ‘category 4 food establishment’
means a food establishment that processes all other categories of food
products not described in paragraphs (5) through (7).CommentsClose
CommentsPermalink



(9) CATEGORY 5 FOOD ESTABLISHMENT- The term ‘category 5 food establishment’
means a food establishment that stores, holds, or transports food products
prior to delivery for retail sale.




A vineyard is NOT a "food establishment". However, anyone STORING or SELLING
the PRODUCT of a vineyard, IS.

A vegetable garden is NOT a "food establishment". However, anyone STORING or
SELLING the PRODUCT of such a garden, IS.

An orchard is NOT a "food establishment" under this law. However, anyone
STORING OR SELLING THE PRODUCT of such an orchard, IS.

In other words, YOU'RE LEGAL TO GROW IT---BUT YOU CAN'T SELL IT, WITHOUT
COMING UNDER THE CONFINES OF THIS LAW. BYE-BYE FARMER'S MARKETS! And it
mentions "storing" as well---so --canning?

Here's more on what it DOES apply to:
Such registration shall contain the following information:

(C) The types of food processed or sold at each domestic food establishment
...selling food for consumption in the United States, the specific food
categories of that food as listed under section 170.3(n) of title 21, Code of
Federal Regulations, or such other categories as the Administrator may
designate in guidance, action level, or regulations for evaluating potential
threats to food protection.


And to confirm THAT, take a look at this statement, about "small farms":

(under Section 201, administration of the Program):
(12) provide technical assistance to farmers and food establishments that are
small business concerns (meeting the requirements of section 3(a) of the
Small Business Act and the regulations promulgated thereunder) to assist with
compliance with the requirements of this Act.


And "small farmers" will NOT BE ABLE TO AFFORD THIS!

Plus, I can find NO WHERE where it does NOT apply to those who own gardens,
orchards, vineyards, flocks of chickens, if they want to SELL, or in any way
provide FOR HUMAN CONSUMPTION (see above) the products they have grown.

Very clever, huh? You can grow it, sure--you just aren't allowed to SELL it,
without coming under the jurisdiction of this law.


--- On Mon, 3/16/09, Jaime Burroughs <jjburroughs AT msn.com> wrote:

> From: Jaime Burroughs <jjburroughs AT msn.com>
> Subject: Re: [Market-farming] HEADS UP! It will soon be illegal to growyour
> ownfood!!
> To: "Market Farming" <market-farming AT lists.ibiblio.org>
> Date: Monday, March 16, 2009, 10:02 AM
> Mark,
>
> Touche.
>
>
>
> Hadn't thought about the concept of washing and bagging
> as "processing" so I suppose there my ignorance
> speaking loudly. Okay, I can see that point of it now...and
> yes the wording was very vague and perhaps an attempt at
> government protecting the people...which (I can already see
> the steam coming out from some people)...after the peanut
> butter scare (aren't you tired of hearing the line
> "and we never thought we had to be worried about peanut
> butter...and look now") anyway, after the peanut butter
> debacle, I think some people who do not grow their own food,
> can't even fathom the concept really, would be scared.
> They don't know about how to analyze lables on food,
> find the country or origin, do the research on processors,
> etc...perhaps they are looking for the government to step in
> and "save" them (uh...from themselves?) from
> unknown entities. So I can see, working with that logic, why
> people would support the bill. But it call comes down to
> education, both needing on their part, and supplying on our
> part to the legislators...no?
>
>
>
> Anyway, thanks for clearing that up for me...I just
> wasn't making the conncetion.
>
>
>
> Things are good out here in California...made me chuckle to
> think "long time no see" as I'm here everyday,
> reading all the posts, assuming the information, digtesting
> and reguritating to students and family...etc. Just
> don't think I have much worthwhile to share I
> guess...LOL.
>
>
>
> This past weekend was beautiful, about 68 degrees and the
> sun warming the earth. The almond orchard is just about out
> of bloom...(have you all seen an orchard in full
> bloom...breathtaking) so petals are dusting the orchard
> floor like a snow flutter...quite spectacular. Mesh that
> color with the bright spring green of the rows, and it's
> a palette of delight. The lettuce and spinach, cabbage,
> brussel sprouts and chard are in the ground and doing okay.
> Seeds are popping up everywhere...beans, peas, more spinach,
> carrots, etc.
>
>
>
> Things are busy, but good.
>
> This past year we put up "native bee" hives
> (which I had the woodshop kids at work make) around the
> orchard to help supplement the dying bee population and two
> of them are thriving quite well, so I was tickled to find
> that out....as native bees are more productive than honey
> bees. Fun.
>
>
>
> Now I'm experimenting with the concept of niche meat
> marketing and starting up direct marketed beef and lamb for
> the fall...which is technical and difficult living in
> California, as we have more laws and regs than people (if
> you can believe that), ...which I'm sure is true for
> most states, but man, it can bog you down! :) Any thoughts
> on this topic?
>
>
>
> Well there you go...there I am...sorry you asked,
> aren't you? LOL hahahaha :) :)
>
>
>
> Jaime, busy at work, wishing I was in the garden...
>
>
>
> From: wizard1 AT ctsbroadband.com
> To: market-farming AT lists.ibiblio.org
> Date: Mon, 16 Mar 2009 11:15:57 -0400
> Subject: Re: [Market-farming] HEADS UP! It will soon be
> illegal to growyour ownfood!!
>
>
>
>
> Hi Jaime
> Long time no see. Hows things? The wording is a bit
> conuseing as it referst to other existing rules that arnt
> clear what they allready say and while it doesnt specifiacly
> say direct procucers the vaugness of the whole thingis reall
> all that worries me. When wording is vauge something as
> simple as washing and bagging greens ( post harvest
> proccesing ) could under very vauge wording make one a
> proccessor. I think what the legislation needs is some very
> specific clarifications on who it does NOT apply to growers
> and direct to the public sales. Just clear up the wording.
> Hope all is well in your neck of the woods give a holler
> some time.
>
> Mark
>
>
>
> -----Original Message-----
> From: market-farming-bounces AT lists.ibiblio.org
> [mailto:market-farming-bounces AT lists.ibiblio.org]On Behalf
> Of Jaime Burroughs
> Sent: Monday, March 16, 2009 10:55 AM
> To: Market Farming
> Subject: Re: [Market-farming] HEADS UP! It will soon be
> illegal to growyour ownfood!!
>
> This is a good point...as I read most of the bill, (still
> want to work through the last quarter) and I didn't find
> anything that specifically talked about
> "producers" or food, as most of the wording
> referred to "processors" of food - of which we do
> not qualify....right?
>
> Those of you who are adamantaly emailing, can you give us
> some of the specific passages that are bothersome to you?
>
> Confused,
> Jaime
>
>
>
> From: martyk AT allspecies.org
> Date: Sun, 15 Mar 2009 22:13:33 -0500
> To: market-farming AT lists.ibiblio.org
> Subject: Re: [Market-farming] HEADS UP! It will soon be
> illegal to grow your ownfood!!
>
> What parts are we looking for? Where are the passages of
> concern? I don't have time to read it all nor the
> confidence that i know what i am looking for.
>
> Thanks
>
>
> Marty
>
>
> On Mar 15, 2009, at 7:32 PM, Liz wrote:
> Here's the full text of the bill:
>
> http://www.govtrack.us/congress/billtext.xpd?bill=h111-875
>
> More info here:
> http://www.campaignforliberty.com/blog.php?view=12671
>
> And here:
>
> http://www.naturalnews.com/025824.html
>
>
> And if you're not sure how to contact your
> representatives, find 'em at this link:
> http://www.congress.org/congressorg/home/ Just enter your
> zip code on the left sidebar.
>
> This is very scary stuff, especially in light of what has
> occurred in the past 6 months, welcome to Stalin's
> USA--nationalized banks & a seized food supply.
>
> Liz Pike
> Horseshoe Gardens.com
> Hillsville VA
> Zone 6b/7a
>
>
>
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>
>
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