Sunday, November 28, 2010

Take Action on S.510 - Push Back NOW!

Senate Bill S.510 is up for vote Monday. This bill, known as the "Food Safety Modernization Act of 2010", is not about food OR safety. It's about criminalization. Everyone knows that e.coli is from factory animals. Those who wrote this bill must think that you are pretty stupid to believe that factory animals have a place in organic farming and backyard gardens.

But wait...there's more criminalization!..... a 1099 reporting requirement, too, which will have small business owners running around to anywhere they spent over $600, turning them into paperwork pack rats.

And if S.510 isn't bad enough, there's a companion bill S.3767 which will reintroduce criminal penalties for anyone who sells what the government will later decides was 'adulterated' or 'misbranded' food, a provision which had been removed from the House-passed "Food Safety" version last year (HR.1279).

Dietary supplements are covered under this provision. It used to be that the FDA would send a warning letter telling a company its claims were illegal and the company would either change the claims or defend them. If this bill passes, FDA can simply start by bringing criminal charges any time it determines that a claim is not allowed.

The political insiders plan, our contacts tell us, to add S.3767 to S.510 so the penalties can be in the final bill approved by the House/Senate conference committee, if We the People allow S.510 to pass the US Senate!

What does this mean?
Here is what the bill actually says:
"S.3767 -- Food Safety Accountability Act of 2010 (Introduced in Senate - IS)
111th CONGRESS - 2d Session

To establish appropriate criminal penalties for certain knowing violations relating to food that is misbranded or adulterated.

IN THE SENATE OF THE UNITED STATES

September 13, 2010

Mr. LEAHY (for himself, Ms. KLOBUCHAR, and Mr. FRANKEN) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To establish appropriate criminal penalties for certain knowing violations relating to food that is misbranded or adulterated.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Food Safety Accountability Act of 2010'.

SEC. 2. CRIMINAL PENALTIES.

(a) In General- Chapter 47 of title 18, United States Code, is amended by adding at the end the following:

`Sec. 1041. Misbranded and adulterated food

`(a) In General- It shall be unlawful for any person to knowingly--

`(1) introduce or deliver for introduction into interstate commerce any food that is adulterated or misbranded; or

`(2) adulterate or misbrand any food in interstate commerce.

`(b) Penalty- Any person who violates subsection (a) shall be fined under this title, imprisoned for not more than 10 years, or both.'.

(b) Technical and Conforming Amendment- The table of sections for chapter 47 of title 18, United States Code, is amended by adding at the end the following:

`1041. Misbranded and adulterated food.'."
Senate calendar:
http://www.senate.gov/pagelayout/legislative/d_three_sections_with_teasers/calendars.htm

Click here to find the link to your state representative contact information:

Please contact your state representatives and tell them to vote "NO!" on S.510. Senate votes on this MONDAY, November 29, 2010.


OC

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