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NAIS, Codex Alimentarius, Bill S510 and Other Bedtime Stories to Guarantee Nightmares

Tuesday, June 15th, 2010

By Tamrah Jo Ortiz

Thanks to my good friends on Facebook, I was alerted that the ugly head of the government is once again poking its’ large and obnoxious nose into places it doesn’t belong. Yes, I realize this is a inflammatory statement, hence, my writing here, instead of posting this as a comment at the www.opencongress.org website. (which, if you’d like, you can visit and look at the hoopla going on over various bills.)

So, let’s take a look at each of these and try to make sense of them.

NAIS – The National Animal Identification System. In brief, this idea is supposedly born of the desire to quickly identify and destroy animals that pose a threat to both food supply and our existence. (mad cow disease, avian bird flu, anyone?)

What is not so clear is how anyone thinks any of this will really work. Number 1, the folks that want to implement this currently employ thousands to audit tax returns and apparently have not been successful in creating a database or secure electronic means of verifying taxes or conducting a paperless census (which, by the way, we filled out, returned and apparently was ‘lost’ as a census person showed up at my house saying they didn’t get ours. On the flip side, my mom got 2 censuses to fill out and a friend never received any….)

Now, if these folks have not centralized, streamlined and made efficient the operations they have been in charge of for decades, how in the world are we to believe they can implement this kind of system and let us know about diseased food within 20 years of our consumption of it?

Number 2 – current figures show that given the ‘requirements’ of the system, most of the costs will fall on the small farmers and ranchers – courtesy of Wikipedia is the following:

“The costs of becoming NAIS compliant for a U.S. beef producer were found to be a minimum of $2.08 a head for large producers and as much as $17.56 a head for smaller operations, with an estimated average cost to cow/calf producers of $6.26 per animal, according to research by Christopher Raphael Crosby of Kansan State University’s Department of Agricultural Economics published in 2008.”

Does anyone hear “the rich get richer and the poor get poorer”?

Number 3 – Historically, outbreaks of disease occur in close population, improperly nourished animals. Farmer John who has 15 head of cattle and 160 acres of pasture does not face the same challenges as Mr. Beef, who has crammed 5,000 cows into a feedlot the size of a Wal-mart parking lot, where calves play on hills of cow patties and drink milk produced from the ingestion of soybean and corn meal (when cows have evolved to do just fine, thank you very much, on grass.)

Plus, Farmer John really depends on his herd for his food, to feed his family and perhaps a neighbor or two and to bring in some extra cash to pay the ever-increasing cost of living expenses. So he has a HUGE investment in making sure his herd is healthy and well-nourished. The loss of even one cow can make or break him.

Mr. Beef can depend on tax breaks, an adjustment of market prices, government bailouts, etc, if he somehow manages to lose his herd to disease. So who do you think takes better care of their herd?

On to the next – Codex Alimentarius – Proponents will tell you it’s an international effort to ensure the safety of food for all – as well as to keep me from accidently killing myself from taking too much Vitamin C.

Again, these efforts are brought to you by folks who can’t even balance their own budgets and settle disputes among themselves in a peaceful manner. Do you really think they know how much Vitamin C I can handle and furthermore, if I were receiving nutritious food, would I even need a supplement? If they are so invested in “Nutritious, Safe Food to further the health and well-being of the populace” then why did they ignore the published findings of biochemist Dr. Mary Enig in the 70’s, who warned of the dangers of trans-fats and hydrogenated fats to the human body? Um, no, took about 40 years before they figured that one out (if they even have yet……………)

I also find it interesting that many countries within the World Effort of this measure are ARDENTLY opposed to GMO foods and have been very insistent on pushing for foods containing those types of ingredients to be Labeled. Those who have a vested interest in controlling both seed and food supplies, by getting ‘patents’ on their genetically modified seeds and plants have kept up the pressure and keep taking a run at getting that ‘pesky little nuisance’ of required labeling for GMO foods buried under the rug.

All in all, I cannot see the reasoning for extending all this effort on the Codex other than for countries who take their food and health seriously to put up a ‘fence’ to keep those exports out from countries that do not. (meaning, US)

So with the history of these two long-running dramas, I now come to the most recent – Senate Bill S510.

Innocuously titled, “FDA Food Safety Modernization Act”, it lists high-sounding ideals and includes some of the following:

food facility re-inspection (um…I worked as a waitress for 12 years, I can tell you, restaurants get inspected every year……)
food recalls (aren’t they already allowed to do that?)
a voluntary qualified importer program (have these people never heard of eating locally?)
So those violently opposed to this bill read it and see how easily seed and food control could be placed in the hands of those who have no business telling us what we can grow or eat, share with our neighbors or sell at the local farmer’s market. And I agree with them to a point; while the bill does not specifically state any of these intents, the large generalized points of it are open to all kinds of interpretations.

History tells me the interpreters will translate it for the benefit of themselves, their agency budget and their large campaign contributors (corporations) before they will for my health and well being.

Again, if you look to history, deaths and illness related to the consumption of contaminated, diseased foods, has been linked to large corporate mono-culture farms, not the small local producers. Why? Well, because the small local producer not only feeds you, but their own family. They don’t have the time or the energy (or the insanity) to grow one garden with ‘good stuff’ for their family and another with ‘questionable stuff’ to sell at the local market.

In addition, if I get ‘bad food’ at the local farmer’s market, I know exactly who to go to with my accusations. When large farms put out questionable produce, it has also traveled through one or more broker warehouses, a packaging plant or two, the transportation gamut….on and on and its’ so easy to pass the buck on who exactly is to blame.

I’m also curious as to why Homeland Security is one of the committees listed on the bill’s information page. What, are they afraid terrorists are going to send us toxic bananas? Newsflash, if everyone ate organic and locally, this fear would be laughable. And I can tell you, any terrorist shows up at our local farmers market with evil intent on his mind, I can guarantee there are enough ‘rednecks’ around here that are just waiting for an opportunity to show the world what real Homeland Security looks like.

I also wonder just where they are going to get the money to implement all this when they are already crying about ‘deficits’ and ‘budget cuts’. To my mind, this has less to do with feeding the nation safely and more to do with feeding the oversized monster we call our government, as well as nudging out any competition to the large centralized food companies.

Implementation, testing and compliance enforcement take money – and that money will come from those who want to ‘buy into the market’ (meaning smaller operations won’t be able to afford to be in the market) – but most of the money will come from you and me, the consumer. What? You don’t think so? Just who do you think is paying for the Tobacco Company Settlements? It isn’t the companies or the government, its’ the consumers. But I’ll leave that debate for another time.

The legislation listed above can only make sense in a climate of fear. They can only pass when we blindly believe the government is really trying to protect us. When we believe that death is more heinous than liberty. (Oh where is Patrick Henry when you need him?)

Quit looking to the government to save you from harm. Know those who grow your food. Have a relationship. Trust me, they are much more invested in your health and well being than the FDA is. Because without you, they don’t have a livelihood. The FDA and government don’t either, but they have forgotten.

Remind them.

The Easter Bunny says: “NAIS IS DEAD!”

Tuesday, February 23rd, 2010

NEWS WITH VIEWS.COM - Where Reality Shatters Illusion

Doreen HannesBy Doreen Hannes
February 18, 2010
NewsWithViews.com

As I reported after returning from the NIAA (National Institute for Animal Agriculture) meeting last August, rumors of the death of NAIS have been greatly exaggerated. (Read) The USDA has finally admitted that they have too much negative publicity surrounding the name NAIS, and that they actually have to do what they tried to do in the first place: get the states to do their bidding on ‘animal identification’ and ‘traceability’ according to World Trade Organization standards. So yippee. They are only going to exercise their rule-making authority to control interstate commerce. Well, that’s all they had the authority to do at the outset. So we should be giddy with excitement that they are openly proclaiming they will do just that now.

Should we be happier than a pig in a puddle because they openly stated that they will leave animals which never exit the state out of the new plan? They never had the authority to deal with those animals anyway…unless, of course, you take money from the USDA. Otherwise, that authority rests with your state. The USDA will continue to fund the states and work in a ‘collaborative’ way with states and industry (continuing the Public Private Partnership otherwise known as fascism) to develop the “minimum standards” that must be followed in order to participate in interstate commerce.

So, as many conversations with my compatriots in the fight against NAIS have alluded to, at last the USDA is pulling the commerce clause out and holding it up as their hammer for “minimum standards” that will be required by forthcoming regulations for ‘disease traceability’. And why has the USDA taken to calling it ‘disease traceability’ instead of ‘animal identification’? Because they only HAVE authority over the diseases! The FDA has authority over live animals on the farm, even though the majority of people don’t know this, and it is a very useful poker chip in the globalization game. It is called misdirection, and those of us who have been deeply involved in the fight against the NAIS are very aware of this agency’s use of misinformation, disinformation, subterfuge and general sneakiness in foisting upon us their WTO driven desire that will create captive supply for export of the entire domestic livestock population.

The only official document available on the “NAIS not NAIS” program is a seven page Q and A available at the new page for “NAIS not NAIS” called Animal Disease Traceability. It’s only 7 pages, so if you have read the previous 1200 pages of USDA documents on this program, it’s a walk in the park.

One of the first questions that one asks when told “NAIS is Dead!”, (aside from “what’s it’s new name?”) is “What about all the people who are in the Premises Database with PIN’s already?” According to the 7-page document, they stay in that database.

How about animals that are already identified with the “840″ tags for NAIS? They also stay in the database. What about the “840″ tags themselves? Well, the USDA and States will keep using them.

Are they going to halt further registrations into the NAIS database? Heck no! They’ll keep registering properties and will also be using a ‘unique location identifier’ for this kinder, gentler NAIS that the States will run for us.

Why are they re-using the first two prongs of NAIS? Aside from the unstated fact that they are using them because they have to use them to be compliant with OIE (World Animal Health Organization) guidelines, they say it’s because of the tremendous amount of money spent developing NAIS already even though it is un-Constitutional.

How much money? It’s government math, so it’s likely done by consensus as opposed to literal whole numbers that add up- you know, like 2+2=4. Consensus would make it possible for 2+2 to equal 5. Anyway, figures cited by various officials are anywhere from $120 million to $180 million. Less than 60¢ per person, so almost nothing when compared to the monstrous 107 trillion dollars in unfunded liabilities we are currently carrying. Believe me, when I say I am not for government waste at all, but when an agency has spent this much time and money on an unfruitful program, isn’t it better to simply fully knock it in the head instead of changing the name and playing “Hide and Go Seek” with the people who have adamantly opposed this program? Why couldn’t the USDA do the only truly Constitutional thing with this international-trade driven program and let those who want to deal in international markets do this to themselves through the Export Verification Services department of the USDA? Well, if they did that, not only would they have to actually be fully open and transparent, they would need to let the public in on the big secret that the United States is no longer in charge of its own policies, rather they are obligated to follow the Sanitary PhytoSanitary (SPS) directives of the World Trade Organization agencies, namely Codex Ailimentarius, the OIE and the IPPC (International Plant Protection Convention).

And we still have the very real issue of the massive database for premises registration (or the unique location allocator) having no public or verifiable oversight to check whether or not people who have been told they were removed were in fact removed from that database. So if NAIS is dead, why not allow the database to be annihilated? Obviously, they are still following the plan.

What about the states that have passed legislation designed to constrain NAIS from becoming mandatory within their boundaries? How will this new disease traceability program affect them? Well, since this is NOT NAIS and the regulations aren’t yet written, the states will have to wait to find out what requirements they MUST MEET in order to participate in interstate commerce. There’s your hammer.

So how powerful is the interstate commerce clause? Pretty dang powerful. And if people who dealt in the local food movement fully understood Wickard vs. Filburn, they would feel no consolation whatsoever from the USDA’s statement that they are not interested in regulating livestock that stay within the state.

In a nutshell, this 1942 Supreme Court case found that since Filburn had accepted money as part of the Agricultural Adjustments Act and then grew wheat to feed his own livestock, that he was not only subject to the regulation of the USDA by accepting that money, but also, since he grew wheat, he hadn’t purchased it, and had he not grown it, he would have had to purchase wheat which would have likely come through interstate commerce. Therefore, his planting of wheat affected interstate commerce and solidified the USDA’s jurisdiction over his actions.

If you transplant “tomato” for wheat you can see how sinister this ruling truly is. If you grow tomatoes, you won’t be buying them, so if you don’t buy them, and since the store bought tomatoes likely cross state lines in their movement, you are affecting interstate commerce by growing tomatoes….This is precedent, and it is a very, very dangerous precedent. So taking money or help from the USDA to establish your local farmer’s market is going to put you into a relationship that is highly precarious for freedom.

The interstate commerce clause was not designed to hammer states into submission to federal or international agency trade objectives, it was to stop states from unfairly discriminating against each other and to enable us to be a strong union of sovereign states that could actually feed itself and prosper. The only thing to do is to keep fighting with full knowledge and to get the States to exercise their duty to protect the Citizens from an overarching Federal government. We need states to completely free up direct trade between farmers and consumers and we need states to work together to create their own criteria for exchange of goods across state lines.

Do we have to ‘stay engaged’ in conversations with the USDA on this “New Not NAIS”? Yes, to keep telling them to go sell crazy somewhere else, we’re all stocked up here, thank you. They should tend the borders, control and actually inspect the imports, run the disease programs that worked and were not massive consolidations of power in federal hands, and for cryin’ out loud INSPECT the packing plants and stop trying to make consumers believe that farmers and ranchers are responsible for sloppy slaughtering!

Also, go ahead and leave a bunch of the milk chocolate rabbits for us. Chocolate is one thing we probably should import, but certainly not at the cost of our freedom and sovereignty.

© 2010 Doreen Hannes – All Rights Reserved

Maria Minno: This bill is a threat to small farms

Thursday, July 23rd, 2009

HR 2749, the Food Safety Enhancement Act of 2009, includes a number of alarming provisions:

Going Out of BusinessFirst, HR2749 would give FDA the power to order a quarantine of a geographic area, including “prohibiting or restricting the movement of food or of any vehicle being used or that has been used to transport or hold such food within the geographic area.” This undermines food security, because under this provision, our safest sources of food, farmers markets and local food sources, could be shut down arbitrarily, even if they are not the source of the contamination. The agency can halt all movement of all food in a geographic area. This is too much power for a governmental agency!

Second, this act authorizes warrantless searches. The FDA, which has proven itself to be highly biased against local farmers and any competition to industrial food producers, to make random warrantless searches of the business records of small farmers and local food producers, without any evidence whatsoever that there has been a violation. Even farmers selling direct to consumers would have to provide the federal government with records on where they buy supplies, how they raise their crops, and a list of customers. This is too much power for an irresponsible government agency such as the FDA.

Third, what this act refers to as “traceability” is actually most likely to be a huge threat to small sustainable farms. The Secretary of Health and Human Services would be charged with establishing a tracing system for food. Each “person who produces, manufactures, processes, packs, transports, or holds such food” would have to “maintain the full pedigree of the origin and previous distribution history of the food,” and “establish and maintain a system for tracing the food that is interoperable with the systems established and maintained by other such persons.” Whether or not this is NAIS or something even more extensive, the bill does not explain how far the traceback will extend or how it will be done for multi-ingredient foods. With all these ambiguities, it’s far from clear how much it will cost either the farmers or the taxpayers.

Fourth, this act will impose severe criminal and civil penalties, including prison terms of up to 10 years and/or fines of up to a total of $100,000 for individuals.

Fifth, HR 2749 would impose an annual registration fee of $500 on any “facility” that holds, processes, or manufactures food. Although “farms” are exempt, the agency has defined “farm” narrowly. And people making foods such as lacto-fermented vegetables, cheeses, or breads would be required to register and pay the fee, which could drive beginning and small producers out of business during difficult economic times.

Sixth, HR 2749 would empower FDA to regulate how crops are raised and harvested. It puts the federal government right on the farm, dictating to our farmers. Heaven help us if this happens!

Maria Minno

Gainesville