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permaculture - [permaculture] HR 2479 alert (US proposed legislation that will negatively impact local foods

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  • From: "Robert Waldrop" <bwaldrop@cox.net>
  • To: "permaculture" <permaculture@lists.ibiblio.org>
  • Subject: [permaculture] HR 2479 alert (US proposed legislation that will negatively impact local foods
  • Date: Wed, 29 Jul 2009 21:16:03 -0500

I'm sorry, but I would like to interrupt our discussion with news of a potential threat to small scale vegetable production and artisan food processing in the United Stats.

HR 2479 is a proposed bill in the US House of Representatives that would have negative impacts on many small farmers. For the first time, it would allow the FDA to issue regulations governing the production, harvesting, and distribution of fresh vegetables. It imposes new fees and regulations on artisan food producers and on farmers.

It was first presented to the full House this afternoon (Wednesday) under rules that allowed no debate or floor amendments, and thus it required a 2/3rds majority to pass. It fell short of the required votes by only 6.

Late Wednesday afternoon, the House Rules Committee met under emergency rules, made a few minor changes to the bill, but left most of it intact. So it will be voted on again, possibly very soon. The summary of the changes the Rules Committee made at its page reporting the action http://rules.house.gov/SpecialRules_details.aspx?NewsID=4413 is inaccurate.

I read the entire thing. (I had to put on some relaxing music so I could get through it. I probably also should have been drinking chamomile tea. Or maybe bourbon.)

The last sentence of the committee summary of its action says -- "In the fresh produce section of the bill, it is clarified that the FDA should issue standards only for the riskiest types of products."

I didn't find anything that actually said that in the actual text. There's some fluff about consulting with the Sec of Ag and taking into account the impact on small farmers yadda yadda yadda but I didn't see anything that would prevent the FDA from issuing detailed regs to farmers about their vegetable production practices.

Another problem with the summary -- "For instance, the substitute amendment provides that farms, including those that process food and feed that they sell to other farms or primarily directly to consumers, do not have to register or pay. "

This is sort of true and sort of not true. If a farm sells to both individuals and into some sort of regular commercial marketplace, the value of the sales of individuals must be greater than the value of its other sales for the farm to be exempt. Also, "farm to school" sales are NOT exempt, so this will be a burden for farmers participating in farm to school programs.

I also didn't really see anything that exempts artisan producers. Maybe some that only do direct sales, but once they branch out from that, they come under the full impact of the regulations, and the fines for non-compliance are very large, starting at $20K and going up from there, and every "day" of the violation is a separate offense. I can see people looking at that risk (plus the criminal penalties, which start at 10 years in jail) and deciding to just close up shop.

They did take out the bizarre provision of the original bill that would allow meat packers to use carbon monoxide to preserve the red color of the meat. .

I think this bill is likely to negatively impact anyone involved with permaculture who is also trying to earn income by the sale of their on-site produced products.

I intend to continue to oppose this bill and encourage others to do likewise. If you are in the United States, you can find out the contact info for your congressional representative by going to http://www.house.gov and entering your zip code in the box in the upper left corner of the screen.

It's obvious that this is an attempted major power grab of authority over the growing of vegetables, and the last minute exemptions the Rules Committee threw in are only a fig leaf attempt to give up the least amount possible so they can maybe get this passed.

Once the camels nose of regulation of vegetable production is in the tent, the rest of the animal will not be far behind. The attitude of the government towards farming for 50 years has been "get big or get out", and I think this is the latest incarnation of that program. For some, it may be the last straw and they will just give up.

I feel like I need a flag with a cabbage on it that says -- "Don't tread on me."

Robert Waldrop, president
Oklahoma Food Cooperative
www.oklahomafood.coop
froglet in training with Barking Frogs Permaculture, www.barkingfrogspermaculture.org




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