Natural Solutions Foundation
Your Global Voice for Health & Food Freedom & Justice™
Dr. Rima Reports every Sunday Morning starting 10 AM Eastern
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The lame-duck 111th Congress forced the FDA Food Safety [sic] Modernization Act of 2010 (really, the Food Control Law) over the strong opposition of the American people, expressed through over 6.5 million emails to decision makers generated through our Educate Decision Makers system. Working with us, and generating even more millions of messages, was an alliance of Health & Food Freedom & Justice advocates, like Citizens for Health, liberty groups like the Tea Party, Dr. Ron Paul’s Campaign for Liberty, DownsizeDC, and various farmer, rancher and gardener activists.
In the months following the enactment, Federal and state authorities, often working in tandem, have used their new powers to harass natural and local food sources. Examples abound: the raids on peaceable Amish raw milk dairies in Pennsylvania… the Rawsome Food Co-op raid in California… the Farm to Fork raid in Nevada (November 2011) where a state “food safety” agent demanded that organic produce be dosed with bleach as it was “risky” . . .
We urge the food freedom alliance to continue to work to de-fund the Food Control Law and to join us in supporting local alternatives to the Federal take-over with laws to comprehensively protect food freedom.
Here we offer a draft Comprehensive State Food Freedom and Safety Modernization Act which seeks to create positive legislation (under the terms of the unanimous, June 16, 2011 US Supreme Court decision in Bond v US) to protect local, natural and organic food production and distribution from Federal interference.
DRAFT 1.1 – General Assembly of the State of _____________
General Assembly Bill No. _________
2011 Session
Enacted by the Senate and General Assembly,
The Legislature finds:
1. The Precautionary Principle, that the public should be protected from proprietary food products and technologies introduced into public commerce, absent competent and reliable substantiation of safety, is declared to be the public policy of this State.
2. It is the intent of this Legislature to comprehensively legislate by positive law with regard to Food Safety in this State, under the powers reserved to the State by the 10th Amendment to the Constitution of the United States of America.
3. Diet and nutrition are important factors in the promotion and maintenance of good health throughout the entire life course; in order to ensure good health food must be clean, natural and nutritious. It is the public policy of this state to promote natural, local and organic food production and distribution, which are hereby deemed to be safe.
4. The preventable, noncommunicable diseases of mal- and under-nutrition (including cancer, cardiovascular disease, stroke, diabetes, dental disease, osteoporosis, hypertension and obesity, as documented in the 2002 Joint Special Report, issued by the World Health Organization and the Food and Agriculture Organization of the United Nations*) and other preventable conditions such as infertility, multiple-sclerosis, autism and neurological disorders are directly attributable to adulterated, misbranded, low nutrient value, genetically contaminated and deceptive and incompletely labeled foods are primary causes for epidemic illness among the population of this State.
5. By 2020 global health estimates are that the aforesaid preventable diseases and conditions will increase to cause more than 57% of the global burden of disease; this burden is almost entirely preventable through clean, unadulterated, high nutrition foods that are not mislabeled.
5. Such preventable conditions impose an excessive financial burden on the State through health care, environmental and other related costs, lost productivity and personal suffering.
6. That the environmental integrity of the common resources of the State, including the waterways, agricultural capacity and economic productivity may be negatively impacted by the existence of proprietary products and technologies that have not been determined to be safe. At the same time, excessive burdens must not be placed on natural, organic and local food production and distribution.
7. The growing, processing and distributing of proprietary food products and technologies without such adequate determination is a continuing threat to public health and safety that the police power of the State should address.
Now there fore it is enacted by the General Assembly and Senate:
1. This Act may be referred to as the Comprehensive State Food Freedom and Safety Modernization Act of 2011.
2. As used in this Act the following terms shall have the following meanings:
A. Food – includes plant and animal products used as part of the human diet or to supplement the diet.
B. Natural – food is natural if it contains no genetically modified ingredients or has been exposed to ionizing radiation, artificial herbicides, pesticides, fungicides, fertilizers or packaging that contains the same; raw food that meets these criteria shall be deemed to be natural.
C. Organic – food is organic if it is produced under conditions generally recognized as organic, or is certified organic by any third party that provides organic certification.
3. From the date of the enacting of this Act, it shall be unlawful for any corporate, natural or other person to grow, produce or publicly distribute in this State any food products and technologies without competent and reliable evidence that such products and technologies are safe for public use, are not adulterated, misbranded, low nutrient value, genetically contaminated and deceptively and incompletely labeled; the Department of Health shall have authority to establish reasonable regulations to enforce this provision, after consultation with consumer and health advocates. The private growing, using and sharing of natural, organic and local food products shall be exempt from this requirement.
4. It is mislabeling to fail to include in a label that a food product contains specific, identified genetically modified ingredients, chemical residues, sweeteners, flavorings and flavor enhancers, spices, or any ingredient not found in nature in that food.
5. No provision of State law giving food safety regulatory oversight to any state, county or local department or agency shall be deemed to prohibit or restrict (a) any home, home-business, homestead, or community gardens, small farm, organic or natural agricultural activity, (b) any family farm or ranch, or (c) any natural or organic food product, including nutrients, administered through any means.
6. The State food safety authorities shall not enter into any contract with the United States of America or any agency, contractor or officer thereof, without prior approval of such contract by this Legislature. Any such contract shall not be in derogation of this comprehensive food safety legislation.
* Global Strategy on Diet, Physical Activity and Health – http://www.who.int/dietphysicalactivity/strategy/eb11344/en/index.html
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