Blog: Chef Jemichel ~ The Chef-Doctor
by chef jem

"Small-scale Local Producers Are Different"

"Food Safety Modernization Act"

Date:   7/15/2011 10:03:00 PM   ( 10 y ) ... viewed 11713 times

Weston A. Price Foundation comments on the implementation of the Food Safety Modernization Act (FSMA) which supposedly "gave the agency broad new powers to regulate the food supply".:

The concerns are that these "powers" would be used against the "small-scale local producers" (that I have referred to as small family farms).

However, what is the actual Lawful authority of the FDA and what are the limits of that? Can that authority ever exceed the authority that was granted to Congress in the Organic Laws? I think not! I have referred to this foundation of Law on the "Food Rights Hour" (that was hosted by Peter Kennedy a few weeks ago) and asked "what about our Rights as Americans that are acknowledged by the Organic Laws as well as by the Common Law?" Pete's reply was that they are buried under the codes. There, dear friends, is the root of the problem with regards to enforcement of Congressional Acts! Not only the Rights but it appears to me that the American psyche has also been buried under the matrix of codes, regulations and assorted acts that enforcement agencies imagine apply to every living soul when in fact the Organic Laws clearly say otherwise!

The Declaration of Independence freed the American people (once and for all) from all foreign rulers. "Foreign" is all that which is beyond the rule of Law within their own state. That is acknowledged under the Articles of Confederation where "the free inhabitants ... shall be entitled to all privileges and immunities of free citizens in the several states; and the people of each state shall have free ingress and regress to and from any other state, and shall enjoy therein all the privileges of trade and commerce, subject to the same duties, impositions and restrictions as the inhabitants thereof respectively, provided that such restriction shall not extend so far as to prevent the removal of property imported into any state, to any other state ...". This is part of the Organic Law and the Constitution of 1787 did not replace the American Law that was established to that date but it built upon what was already established. "Four Pillars of Constitutionalism" documents this fact. If you have any doubt about what The organic Law is then i highly recommend getting this book (you can find a good used one at Amazon). If you feel that your "treasure" has been buried then it is high time to unearth your Rights, America, "land of the free"!

Do you think Congress can write an Act that destroys the Organic Law? Any Act of Congress can only be applied within what Congress has been given so that it does not interfere with what doesn't concern Congress. Congress has not been given general rule over the American people. Therefore the American people need to be aware of the Organic Laws as they show just what Congress has been given. The Acts of Congress do not reveal the limits of this and it is only out of ignorance to the Organic Law that a greater application is assumed to be part of an Act when that can not Lawfully be the intention.

"(The Food Safety Modernization Act passed early this year did give the FDA new authority to regulate farms.)":

Chef Jem comment intended to be posted at WAPF site:
Has whatever "authority" the FDA may be operating under within any of the several states with regards to food production ever been demanded from the agency? If not then I think it's time now! In any case what is the agency's actual authority? Whatever the agency may claim as their authority surely that authority can not exceed the enumerated powers that have been delegated to Congress as per the Constitution.

If we the people can agree on that one point of enumerated delegated powers then we will all be on the same page. That point is based on a limitation and restriction of both subject matter and territorial jurisdiction. We the people must know, understand and be absolutely certain about the Constitutional restrictions that limit what Congress can do and where Acts of Congress can be applied, otherwise there is a danger of people volunteering under Federal jurisdiction when there is no obligation to do so! This danger exists throughout the fifty united states of America which are outside of the "District" over which Congress "shall have Power ... to exercise exclusive legislation" etc. The states are not (and can not possibly be) included in "the District" as that district does not exceed "ten Miles square"! The other "Places" where Congress shall "exercise like Authority" are only those that have been "purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings; ...". All these (relatively tiny) "Places" are limited in territory and none of them include the several states.

Congress also has Power "To regulate Commerce with foreign nations, and among the several States, and with the Indian Tribes". Commerce "among the several States" is Lawfully only about the "transportation (of the goods) from one state to another" and has nothing to do with the production of goods. (Therefore the FDA does not have a Lawful basis for enforcing any Federal regulations upon any food production within the several states or placing demands upon Commerce between the states beyond that of regulating the free flowing transportation.)

If any one thinks that the FDA has Lawfully delegated authority over the production of food in any of the several states (other than in a federally owned building or the like) then kindly show me the Fundamental Organic authority for that!

Without Prejudice,
Chef Jem

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