The Center for Food Safety has filed suit against the U.S. Food and Drug Administration over its alleged failure to enforce the Food Safety Modernization Act (FSMA).
You may remember the FSMA–it’s the contentious law enacted in early 2011 that gives the FDA broad new powers to enter farms and other food producers without warrants, to force food producers to have detailed food safety plans (or show they meet strict requirements for an exemption), and to inspect farms to assess their farming practices (enforce so-called “good agricultural practices”), even gives the FDA potential authority over intrastate food sales.
The CFS is one of those sanctimonious Washington nonprofits that seems to be saying the right things–get rid of Agent Orange in soy, save the bees, no genetically engineered apples–but toes the party line on using food safety as an excuse to crack down on small farms.
Yes, technically the CFS is correct. The FSMA is the law of the land.
Yet the notion of a court suit, hiring expensive lawyers to force the FDA to lower the boom on small farms and food producers, just leaves me cold, or maybe I should say it leaves me in a cold sweat. The FDA pushed for the FSMA–which bureaucrats worth their stripes wouldn’t want all the new power, and funding, that comes with it? I don’t know why the FDA is taking its time establishing all the new rules and forms and so forth that go with implementing the new law, except that part of it seems to have to do with Congress’ reluctance to fund the law.
The rationale behind the CFS suit? Those CDC estimates about 48 million illnesses and 3,000 deaths from tainted food…even though the CDC’s own most recent data can locate only 22 deaths.
The CFS suggests that recent illnesses and deaths from tainted cantaloupe could have been avoided had the FSMA been fully implemented. It offers no evidence of how that would have happened, though.
My question for CFS: How many additional farmers would have been forced off the farm over the last 18 months had the FDA had all the additional power?
For a partial answer, consider another time would-be do-gooders tried to force the FDA to take a tougher line. In 1986, a Ralph Nader organization, Public Citizen, filed suit in federal court to force the FDA to ban the sale of raw milk across state lines.
The result has been a federal and state crackdown on dairies supplying raw milk, even on a private basis, and an untold number of dairies put out of business or financially crippled.
In its holier-than-thou arrogance, CFS is, in effect, pushing the FDA to work faster and harder to stamp out smaller food producers, the ones producing the last of our nutrient-dense food.
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Angela Doss at The Girls Gone Raw has a sad retrospective on the Rawesome Food Club situation.
She bemoans the lack of member support for the Rawesome Three defendants–James Stewart, Sharon Palmer, and Victoria Bloch–whose legal travails began just a little over a year ago.
I agree about how sad it is. But it is also an important reminder about the traps associated with letting ego and internal disputes distract food rights leaders from the task at hand, and how eager government enforcers will exploit the divisions.
“I just have to wonder why Sharon has not sue Vonderplaitz for liabel or slander.”
Indeed, a good question, maybe she could’ve won some compensation and paid off or on the farm??
Wow, 3000 deaths and they can only account for 22? That explains why our country is in such financial mess, they have no clue what they are doing.
Last week FTCLDF hero Gary Cox Esq. recieved a letter back from the FDA stating that the FDA is still working on a response to the Citizens Petition that was filed nearly 3 years ago. The FDA is legally bound to respond to all Citizen Petitions within 6 months.
They are asking for more time…yet they refuse to say how much longer. I can assure us all…Gary has a brilliant answer and this newest round of posturing will end up with the FDA begging on their knees infront of a federal judge…
The standards for raw milk have changed since 1987, yet the FDA has steadfastly refused to acknowledge the change in standards, the raw milk data or even the USDA organic standards which have a major effect on the kinds of bacteria found in organic environments.
The FDA is poorly suited to address matters of nutritional, environmental or preventative medical concern.
The FDA is stuck in the Medical Nutritional Dark Ages and this will be a challenge. The leaderhsip shown by raw milk producers and some states regarding standards for raw milk is a foreign concept to the FDA.
When the FDA finnaly gets dragged infront of the court and the facts are brought into the light….they will have seizures as they are forced to see that Pasteurized Milk is highly allergenic and has killed its own markets and at least 8 children.
Officially…camping at Curry Village in Yosemite is 200 times more likely to be lethal than drinking raw milk. Hanta Virus has killed 2 ( and sickened many more ) in the last few months. Perhaps raw milk could have also saved those lives. Viruses…tend to attack and kill the weak or immune depressed.
As far as James Stewart is concerned…he still languishes in the Ventura County jail. He still embraces the legal concepts of Mike Gutierez. It is truly sad that James does not see the huge market brand that he has created and does not act to restart Rawesome as a legit store and sell legit products. I know of others in the LA area that sell all sorts of non standard products….and do it legally.
Perhaps James is not so much interested in building market as he is with dueling with the devil.
Dueling with the devil is a waste of time in this precious life. Market building destroys the devil as a direct effect and it is very constructive.
The route being taken by James is very sad and such a waste of a good person and his limited number of hours on earth.
What an ideal world that would be! Natural selection: what a concept. I don’t believe those people are stupid, I believe they are just ignorant. I believe from the time they were quite young, they were taught not to think for themselves. Some good examples are the advertizements for kids, they are bombarded with crap on TV, in stores, at school that they are supposed to look and dress a certain way (I’ve never met anyone who in real life looks like the photo shopped pictures), these kids are taught from TV/movies how to act. Parents are not allowed to discipline them, or they may go to jail/pay a fine. If you buck the system; you can loose your job, your kids, be an outcast, loose your friends/family, etc. It isn’t always easy marching to your own drummer.
People are slowly opening their eyes and making changes. It’s a long slow process for most who do change. Unfortunately for many who do change, it is because something has forced them to, like illness or reactions for the phoods. Most any change is better, no matter how small.
Information is power and when that information comes from people with no economic agenda…aka…Moms and EU studies. Wow….that changes everything.
When the Milk processors hear Internet…they think OH SH…
Mark
Here is some real gold…..when the dairy industry marketing experts say to the world that pasteurized milk is dying and they also wave a white flag of surrender…it is worth looking into. In the past, this type of news would die off…but with the internet, these quotes and this information becomes viril education data consumed by millions. This data accellerates the market swings and answers some of the questions about why things happen.
It is interesting to note that Yogurt and Cheese sales continue to grow ( pasteurized products with bacteria added back into them during fermentation ) while pasteurized dead milk is dying off in the market place.
Allergies to pasteurized milk, lactose intolerance, and options other than cows milk are all compounding factors. But…when a product is dangerous….causing serious alergic reactions that kill kids….no mom in her right and educated mind will continue buying and drinking pasteurized milk.
The most highly allergic food in America is pasteurized milk…the FDA says this at its own website.
http://www.fda.gov/Food/ResourcesForYou/Consumers/ucm079311.htm
http://www.jsonline.com/business/us-milk-sales-reach-lowest-level-in-decades-4m6mnqa-168400516.html
These highly quotable statements are made by the highest milk marketing voices in the American dairy food system. It is shocking to hear what they say about their own markets.
We are all watching history happen right now. We have just seen pasteurized milk surrender and admit that they can no longer stand up against other beverage options. Raw milk sales rage in CA with OPDC being faced with milk shortages. We have not made more than a few hundred pounds of raw butter in the last few weeks as a direct result. We have heard that Ohio Amish are doing great guns selling raw butter over the internet as a direct result.
Things are evolving and they are evolving quickly. A look from many different angles say the same thing. Dollar voting trends, loss of market share by GOT MILK? after $36 million spent to promote consumption of pasteurized milk, the science ( PARSIFAL and GABRIELA EU studies ), the frustration shared with me by UC Davis milk genome researchers about their findings about raw milk and the refusal of industry to even look at the studies.
The “pasteurized milk funeral” invitations are at the printer, the flourist is arranging the flowers.
Raw milk is back after 100 years of oppression and filth excusing PMO CAFO practices!! Denial of the truth has a very ugly backlash….eventually. In this case the price was paid by American dairy farmers and the consumers. The processors and their ilk…made off like bandits..until now.
Mark
LIMITED PRODUCT RECALL ANNOUNCED BY OPDC
“Organic Pastures Dairy is requesting the return of Grade A Raw Whole Milk, Skim Milk, and Raw Cream, with code date of September 13, 2012. During routine state testing, California Dept. of Food and Agriculture (CDFA) detected campylobacter in one of our raw cream samples from that date code. As a precautionary action, CDFA is also recalling our Raw Whole Milk and Raw Skim Milk, even though they tested negative for campylobacter.
There have been no reported illnesses.
OPDC continues to operate and will not be shut down. This quarantine is limited to the date code of September 13, 2012 for Raw Whole, Raw Skim Milk, and Raw Cream. No other products or date codes are affected by this recall. If you have any product with this date code, September 13th, please return it to your local store or farmers market for a full refund.
There will be no interruption in your milk deliveries. We thank you for your co-operation and apologize for any inconvenience this may cause you.”
This limited recall does not interupt OPDC operations or delivery of all of its raw products. This recall only effects a limited number of stores in Southern CA area and is not statewide.
There have been no illnesses reported to CDFA, DPH or OPDC. Bacteria counts for all products are very low and no one can answer why the raw milk that this cream came from was negative and why the resulting cream was positive.
All the best,
Mark
That’s a good question.
http://blogs.uw.edu/apecein/tag/campylobacter/#.UEiNzZauWgk
“ProMED note: There is not yet either a clear epidemiological association between the human illnesses and the unpasteurized cream and other dairy products, nor genetic fingerprint evidence of identity between the human isolates and Campylobacter strains obtained from the possible vehicle. Despite these, it is more than likely that this is another outbreak of campylobacteriosis caused by unpasteurized milk or milk products.] (ProMED 3/23/2012)”
I don’t recall if they found any “fingerprints” regarding Claravale products. From the above statement they are blaming the dairy for convenience and prejudice against raw dairy. http://outbreakdatabase.com/details/california-raw-milk-and-cream-unpasteurized-2012/ Even Marlar posted “No illnesses were ever definitively attributed to the dairy.”
David, as you posted earlier this year, there is no trust or faith in the govt entities.
I’m not sure we should be so dependent on science either. After all, as Terry Nemmers pointed out somewhere (maybe at another thread, I don’t remember) not all of the worker bees for scientific principle re: the State, County, City – whatever – are honest. So we place blame on the dairy operation, incorrectly, when in reality there’s a much larger unicorn at work.
I’m not saying there should be some big prize for stupidity or anything, but why don’t we just get rid of “safety” labels? Why not just remove them from everything and let the problems solve themselves? Most of the time problems do just that – they go away – with little interference. But since we have the whole nanny stater thing going, we now have to have everything labeled, which is a complete waste of time, IMPHO. Most of the time “science” isn’t used until after a fact anyhow.
When I said preaching to the choir I just meant we all understand that not everything is perfect in every situation. If you think it’s your place to “demand” something in this case, go for it. But I don’t live near there, I don’t know Vernon Hershberger, I don’t know his lawyer, I don’t know most of the details – – why would I want to get involved in something beyond the scope of my capabilities?
So you are saying that the government obstructs justice by lying, but you don’t know, nor do you care, how the government is specifically obstructing justice in Hershberger’s case, aren’t you?
“b. Committing, suborning or attempting to suborn perjury, including during the course of a civil proceeding if such perjury pertains to conduct that forms the basis of the offense of conviction.
c. Producing or attempting to produce a false, altered or counterfeit document or record during an investigation or judicial proceeding.” Busted by the Feds: A Manual for Defendants Facing Federal Prosecution by Larry Fassler, page 38.
Omissions, lies and deception in reports and testimony when carefully mixed with the truth become the weapons of choice in the war on crime.
Walking With the Devil: The Police Code of Silence by Michael W. Quinn [Mpls. Police Sgt (ret)], page 7.
So asking the hierarchy for the specific details of obstruction of justice in Hershberger’s case is “beyond the scope of” your “capabilities” also?
I’m not a lawyer, so no, there’s nothing I can do to help his case. If you’re a lawyer you go ahead and demand all you want. If there’s a lack of desire on my part it’s only because I live 1,000 miles from the scene and I have a business to run (and I work alone so don’t go there). What is it you would have me do? I have little time to be on a computer so don’t go THERE either. I follow these issues because I’m a raw milk drinker, but no – I’m not an activist in regard to protesting and the like. I’m too busy and too old to take up a cause in that manner.
All I have to do is post a request right here? Then why don’t YOU do it?? You obviously know more than the average bear about this, and you certainly seem to feel you’re more intelligent than any of us dolts who post here so – go for it and stop the tirade, ok?
http://rawmilksymposium.com/
Please don’t leave this site. You’ve made some good contributions. Just totally skip over anything Terry writes.