Archive for Disinformation – Page 38
Media Announcement at: http://drrimatruthreports.com/?p=3312
Before the
United States of America
Food and Drug Administration
In the Matter of the A-H1N1-09 “Swine Flu” Vaccines
} FDA Docket No. FDA-2009-P-0418
} PETITION
} With Request for Emergency Relief:
} Temporary Stay of all Pending
} “Swine Flu” Vaccine Approvals
To: Dockets Management Branch
Food and Drug Administration
Room 1061 HFA-305
5630 Fishers Lane
Rockville, MD 20852
Dated: August 17, 2009 – rev.1.01 (08.23.09)
Pursuant to the Constitution of the United States of America, First Amendment, Right to Petition for Redress of Grievances, the Federal Food, Drug and Cosmetic Act (FFDCA), 21 U.S.C. §§ 321 et seq., the Administrative Procedure Act (APA), 5 U.S.C. § 553(e), 21 C.F.R. 10.20 and 10.30 (Citizens Petition) and, to the extent applicable, 21 C.F.R. 10.35, to amend the FDA’s rules respecting the safety, effectiveness and availability of vaccines said to be useful for swine flu (A-H1N1-09), the undersigned Petitioners PETITION the Unites States, to wit:
Introduction
1. This Petition is brought before the Executive Authority of the United States of America, mindful of the President’s call for transparency in government and science-based decision-making. This Revision 1.01 of the Petition has been modified in form to meet the terms of applicable portions of 21 C.F.R. 10.20 – 35. Petitioners, however, note that this Petition is grounded in the Constitutional Right to Petition which may not be “abridged” by Government and therefore any regulatory requirements are subordinate to that primary source of authority for this Petition. In so far as any of the Petitioners are protected under the RFRA, all rights are reserved under the Religious Freedom Restoration Act of 1993 (RFRA – P.L. 103-141).
The Petitioners therefore have included Addendum 1.1 in this Petition to address the formal requirements of Section 10.30: A. Action requested; B. Statement of Grounds; C. Environmental Impact/Exemption and D. Economic Impact. Furthermore, in so far as Sec. 10.35 (Stay of Actions) may apply, the Petitioners have included Addendum 1.2 to this Petition to address the formal requirements of Section 10.35: A. Decision Involved and B. Action Requested. Finally, Petitioners append to this Petition actual copies of non-governmental Citations referenced in Appendix B, which has been further amended to meet the “unfavorable representative data” requirement of the Sec. 10.30 Certification format.
2. Petitioners are several nongovernmental organizations involved in health care civil rights and several individuals who are adversely impacted by the Food and Drug Administration (FDA) and/or the Centers for Disease Control (CDC) actions referred to in this Petition, and all persons who join in this Petition hereafter.
3. This Petition is submitted to request specific action by the Food and Drug Administration (FDA) and/or the Centers for Disease Control (CDC) (the Federal Agencies) within the scope of the mandated duties thereof, in order to exhaust administrative remedies.
4. The primary purpose of the Petition is to seek emergency actions with regard to the imminent Food and Drug Administration (FDA) and/or the Centers for Disease Control (CDC) granting of various drug-interest commercial applications or approval and widespread use of various so-called “H1N1” “A-H1N1-09” or “Swine Flu” vaccines (herein, the Vaccines).
5. The Vaccine Approvals are being treated as emergency drug approvals, but are being sought without even minimal science-based safety testing or testing for clinical efficacy in preventing disease, and with the inclusion of dangerous adjuvants, including Mercury, and squalene, which has never been heretofore approved as a vaccine adjuvant. Legal immunity has been granted a priori to the manufactures, the Federal Government and its agents in the event of harm or death from these vaccines.
6. a. As one example, within the past two weeks, the British Neurological Surveillance Unit (BNSU) warned of “the Government’s concern about releasing a vaccine of unknown safety.” and has alerted its members to be on the alert for an up to 8-fold increase in Guillain-Barre Syndrome (GBS) due to the Vaccines that are the subject of this Petition.
http://www.dailymail.co.uk/news/article-1206807/Swine-flu-jab-link-killer-nerve-disease-Leaked-letter-reveals-concern-neurologists-25-deaths-America.html#ixzz0OJSgKn4b
b. The United States government has paid nearly two billion dollars to the families of individuals who have been killed or maimed by vaccines as part the Vaccine Injury Compensation Program. A massive increase in the use of vaccines such as the swine flu vaccine that is the subject of this petition will be likely to significantly increase the number of individuals harmed by vaccines.
See: http://www.usdoj.gov/civil/torts/const/vicp/about.htm
Redress Sought
7. (a) The first action sought is an emergency Temporary Stay of the pending Vaccine approval applications. The applications should be denied. Petitioners request a Public Hearing. Petitioners are in imminent peril of irreparable harm if the Temporary Stay is not granted immediately.
(b) Additionally, the Petitioners petition the Food and Drug Administration (FDA) and/or the Centers for Disease Control (CDC) to open and accept public comments and include, as part of any approval of the Vaccines, requiring strong warnings to the public, as mandated by the United States Supreme Court in another context, Thompson v. Western States Medical Center – 535 U.S. 357, 2002:
“If the First Amendment means anything, it means that regulating speech must be a last – not first – resort. … We have previously rejected the notion that the Government has an interest in preventing the dissemination of truthful commercial information in order to prevent members of the public from making bad decisions with the information.”
“Even if the Government did argue that it had an interest in preventing misleading advertisements, this interest could be satisfied by the far less restrictive alternative of requiring each compounded drug to be labeled with a warning that the drug had not undergone FDA testing and that its risks were unknown.”
The warning should therefore read: “This Vaccine has not undergone FDA safety or efficacy testing and its risks are unknown in all age groups. This Vaccine contains ingredients previously rejected for use in the United State and/or never evaluated by the FDA which have been shown in animal studies to cause significant adverse biological response when injected.”
The warning should further advise that should the recipient experience an adverse event or death from the vaccine, the vaccine manufacturers, government and government agencies have no liability, and the National Vaccine Injury Compensation Program does not currently provide for possible compensation to victims of the Vaccines.
(c) The Petitioners petition the Food and Drug Administration (FDA) and/or the Centers for Disease Control (CDC) to engage in a vigorous public information campaign, interleaved with their promotion of the Vaccines, and given equal prominence in type face, media announcements, web presence and other methods of public information used to promote the Vaccines, stating that the Vaccines contain ingredients previously rejected for use in the United State and/or never evaluated by the FDA which have been shown in animal studies to cause significant adverse biological response when injected. And, further that should the recipient experience an adverse event or death from the vaccine, the vaccine manufacturers, government and government agencies have no liability, and the National Vaccine Injury Compensation Program does not currently provide for possible compensation to victims of the Vaccines.
(d) The Petitioners petition the Food and Drug Administration (FDA) and/or the Centers for Disease Control (CDC) to recommend to all implementing agencies, such as State Departments of Health, that these uninsurable, unproven and untested Vaccines not be subject to any legal mandate, whether direct or indirect, perceived or actual, requiring their use by any class of persons in order for such persons to receive government services, such as schooling, or to work in particular employments, such as first responders or health care workers, or to travel or to attend any public places or for any other purpose.
(e) The Petitioners petition the Food and Drug Administration (FDA) and/or the Centers for Disease Control (CDC) to recommend voluntary Self-Shielding at home in preference to vaccination or removal to FEMA or other relocation facilities in the event of a Declared Pandemic Emergency.
Legal Basis for Relief
8. As an Executive Department Agency, the Food and Drug Administration (FDA) and/or the Centers for Disease Control (CDC) must “Take Care that the Laws be faithfully executed” (Article II, Section3, United States Constitution).
9. This Petition is grounded in fundamental principles of inalienable right, law and equity.
10. The primary legal basis for submitting this Petition to the Food and Drug Administration (FDA) and/or the Centers for Disease Control (CDC) is the First Amendment to the Constitution of the United States: “Congress shall make no law…abridging… the right of the people… to petition the Government for a redress of grievances.” Additionally, the First Amendment Freedom of Speech, requiring transparency in government, as well as Fourth, Fifth, Ninth, Tenth and Fourteenth Amendments impact the arguments herein.
11. Petitioners also cite: the World Medical Association 1964 Declaration of Helsinki. See: http://www.wma.net/e/policy/b3.htm. This Declaration has the force of International Law, to which the United States is a party, and it clearly forbids experimental medication or medication without fully informed consent, as does United States law, for example, 42 U.S.C. 289(a).
12. The United Nations Universal Declaration of Human Rights – Article 12 – “No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honor and reputation. Everyone has the right to the protection of the law against such interference or attacks.” See: http://www.un.org/en/documents/udhr/ and the Geneva Conventions: Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II) – Article 17.-Prohibition of forced movement of civilians:
“1. The displacement of the civilian population shall not be ordered for reasons related to the conflict unless the security of the civilians involved or imperative military reasons so demand.
Should such displacements have to be carried out, all possible measures shall be taken in order that the civilian population may be received under satisfactory conditions of shelter, hygiene, health, safety and nutrition.
2. Civilians shall not be compelled to leave their own territory for reasons connected with the conflict.”
See: http://www2.ohchr.org/english/law/protocol2.htm
13. Current law and regulations provide for involuntary Provisional Quarantine, with removal, following refusal of persons to submit to vaccination with the untested, uninsurable, non-voluntary “informed consent” Vaccines. The Agency regulations should be amended to provide for voluntary Self-Shielding, Self-Quarantine and Self-Isolation as permitted alternatives.
14. Bivens v. Six Unknown-Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388, 396-397, (1971); Carison v. Green, 466 U.S. 14, 18-19 (1980). – These cases construe “42 USC § 300aa-31” with its “more likely than not” evidentiary burden and its Daubert v. Merrell Dow Pharmaceuticals, Inc, 509 U.S. 579, 113 S.Ct 2786, 2797 (1993), prohibition against expert opinion reliance upon poor quality and flawed data, the surviving good quality data shows the Food and Drug Administration (FDA) and/or the Centers for Disease Control (CDC) is statutorily required to reject the Vaccines approval since it “more likely than not” caused numerous neurological and immune system pandemics (e.g., autism, neurological disorders, autoimmune disorders, etc). Since the Food and Drug Administration (FDA) and/or the Centers for Disease Control (CDC) know of this linking data and intentionally exposed the public to these serous risks of harm, while attempting to hide/alter the data that showed the harm, the Food and Drug Administration (FDA) and/or the Centers for Disease Control (CDC) also violated the 14th Amendment’s “Constitutional Safety Guarantees.” Under these egregious and horrifying circumstances, both Sec. 300aa-31 and a 28 USC § 1331 “Bivens Action” would authorize injunctive relief, and where warranted, damages.
15. Jacobson v. Commonwealth of Massachusetts, 197 U.S. 11 (1905), in which the Supreme Court of the United States, prior to the establishment of the Food, Drugs and Cosmetics Act revisions that established Federal pre-emption of drug approvals, gave deference to the Supreme Court of Massachusetts in an involuntary vaccination matter, also contains clear language authorizing Federal intervention in circumstances that are clearly present with regard to the Vaccines involved in this Petition.
“It is easy, for instance, to suppose the case of an adult who is embraced by the mere words of the act, but yet to subject whom to vaccination in a particular condition of his health or body, would be cruel and inhuman in the last degree. We are not to be understood as holding that the statute was intended to be applied to such a case, or, if it was so intended, that the judiciary would not be competent to interfere and protect the health and life of the individual concerned. “All laws,” this court has said, “should receive a sensible construction. General terms should be so limited in their application as not to lead to injustice, oppression or absurd consequence. It will always, therefore, be presumed that the legislature intended exceptions to its language which would avoid results of that character. The reason of the law in such cases should prevail over its letter.” United States v. Kirby, 7 Wall. 482; Lau Ow Bew v. United States, 144 U.S. 47, 58. Until otherwise informed by the highest court of Massachusetts we are not inclined to hold that the statute establishes the absolute rule that an adult must be vaccinated if it be apparent or can be shown with reasonable certainty that he is not at the time a fit subject of vaccination or that vaccination, by reason of his then condition, would seriously impair his health or probably cause his death.”
16. The Acts establishing the authority of the Food and Drug Administration (FDA) and/or the Centers for Disease Control (CDC) being herein petitioned are also a legal basis for the Petition. The Food and Drug Administration (FDA) and/or the Centers for Disease Control (CDC) exist to protect the public, within the limits established by the Constitution of the United States of America. However, Article 16 of the original enabling legislation that created the Food and Drug Administration (FDA) and/or the Centers for Disease Control (CDC) indicates, in effect, that a primary purpose is to promote, protect and promulgate the pharmaceutical industry.
17. Petitioners note the statute in the derogation of the common law and Constitutional limitations, establishing certain exemptions from liability of Vaccine Injuries, 42 USC 300aa-16 (and the Vaccine Injury Compensation Program, there under). This law is further cited as a law that must be strictly construed in favor of patients, guardians, parents and children even if such construction is against the economic interests of the drug industry and other persons exempt there under.
18. Petitioners note that, given the exceptional exemption given to both manufactures of the Vaccines and employees of the Federal Agencies and their designees which purports to eliminate the possibility of redress through the Courts by the public in the event that individuals suffer irreversible harm or death, it is especially important that careful notification and protection be offered to the public in the face of instructions or compulsions to accept the use of the Vaccines which contain ingredients previously rejected for use in the United State and/or never evaluated by the FDA which have been shown in animal studies to cause significant adverse biological response when injected.
19. The total amount that the Vaccine Injury Compensation Program has paid in compensation since its 1989 founding is $1,884,145,255.29, however, this program does not currently list the Vaccines as being ones for which compensation under this program may be had.
See: http://www.hrsa.gov/Vaccinecompensation/statistics_report.htm
20. Basic common law principles prohibit forced acquiescence under duress and limited or intentionally distorted information, as exemplified by the United States Supreme Court decision in the case of Thompson v Western States Medical Centers – 535 U.S. 357 (2002). The Petitioners note with concern that FDA regulation permits a choice under duress upon limited and distorted information such that those refusing the Vaccines in a Pandemic Emergency situation face incarceration/quarantine under Provisional Quarantine regulations in violation of the prohibitions mentioned above against forced acquiescence under duress and limited or intentionally distorted information.
21. Additionally, the Statutes authorizing the Food and Drug Administration (FDA) and/or the Centers for Disease Control (CDC) contain general provisions that support the actions requested in this petition. Federal Law includes provisions that grant the responsible persons in the Food and Drug Administration (FDA) and/or the Centers for Disease Control (CDC) broad authority to promulgate rules and regulations “necessary to carry out the Act[s].”
22. The Food, Drug and Cosmetics Act (FD&C Act) Mission Statement requires that “…(B) human and veterinary drugs are safe and effective…” (21 USC §393(b)(2)). The Act had been amended repeatedly, to require that no drug be approved unless it is proven “safe and effective.”
This clear legal requirement is explained by the Agency on its web site:
“In October 1962, Congress passed the Kefauver-Harris Drug Amendments to the Federal FD&C Act. Before marketing a drug, firms now had to prove not only safety, but also provide substantial evidence of effectiveness for the product’s intended use. Temple says, “That evidence had to consist of adequate and well-controlled studies, a revolutionary requirement.”
“Also critically, the 1962 amendments required that the FDA specifically approve the marketing application before the drug could be marketed, another major change.” The Kefauver-Harris Drug Amendments also asked the Secretary to establish rules of investigation of new drugs, including a requirement for the informed consent of study subjects. The amendments also formalized good manufacturing practices, required that adverse events be reported, and transferred the regulation of prescription drug advertising from the Federal Trade Commission to the FDA.”
See: http://www.fda.gov/AboutFDA/WhatWeDo/History/ProductRegulation/PromotingSafeandEffectiveDrugsfor100Years/default.htm
23. The Food and Drug Administration (FDA) and/or the Centers for Disease Control (CDC) should issue the actions requested herein as an Interim Final Rule without first completing Notice and Comment, Risk Assessment, and Cost-Benefit Analysis. Additionally, the Food and Drug Administration (FDA) and/or the Centers for Disease Control (CDC) should not issue the drug-industry requested vaccine approvals as an emergency matter.
24. Under ordinary circumstances, the Food and Drug Administration (FDA) and/or the Centers for Disease Control (CDC) must comply with procedural requirements under the Administrative Procedures Act (APA) and the specific Acts authorizing the Food and Drug Administration (FDA) and/or the Centers for Disease Control (CDC), including the use of notice-and-comment rulemaking and the completion of a risk assessment and cost-benefit analysis before issuance of a new rule. However, both Acts provide for exceptions to those requirements for circumstances such as those present here (with regard to the Petitioners herein, but not with regard to the drug-industry applications), where the continuation of current policy (the emergency approval of the Vaccines) would constitute an imminent threat to public safety and any delay in the policy-making the Petitioners herein would be contrary to the public interest.
25. The Food and Drug Administration (FDA) and/or the Centers for Disease Control (CDC) should only avail itself of those statutory exceptions with regard with Petitioner’s request herein and promulgate the requested policies while first providing the public with reasonable notice under these circumstances and an opportunity for comment and before completing a full risk assessment and cost-benefit analysis. The Food and Drug Administration (FDA) and/or the Centers for Disease Control (CDC) should first adopt the policy as an “interim-final rule,” which would become binding upon publication (or within a time certain; for example, a week after publication) and subsequently provide for public comment and complete its risk assessment and cost-benefit analysis. If such a time period is provided for public comment and the completion of risk assessment and cost-benefit analysis, the Food and Drug Administration (FDA) and/or the Centers for Disease Control (CDC) should make no declaration, take no action, approve no product or Vaccine related to this situation during such period.
26. The Requested Actions of Petitioners herein satisfy the “good cause” exception to the Administrative Procedure Act’s (APA) requirement for notice and comment, while the application of that exception should not apply to the Vaccine applications.
27. The Administrative Procedures Act (APA) provides that full notice-and-comment rulemaking is not required when an agency “for good cause finds (and incorporates the finding and a brief statement of the reasons therefore in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest.” 5 U.S.C. Section 553(b)(B) The good cause exception “is an important safety valve to be used where delay would do real harm.” United States Steel v EPA, 595 F.2d207, 214 (5th Cir. 1979). According to the legislative history of the provision, “impracticable” means a situation in which the due and required execution of the agency functions would be unavoidably prevented by its undertaking public rule-making proceedings.” S. Rep. No. 752, 79thCong., 1st Sess., at 16 (1945). It has been held, determining “impracticality” requires analysis in practical terms of the particular statutory-agency setting and the reasons why agency action could not await notice and comment. American Transfer & Storage Company v. ICC, 719 F. 2d 1283, 1295 (5th Cir. 1983).
28. The same urgency which motivates the Food and Drug Administration (FDA) and/or the Centers for Disease Control (CDC) to move forward with excessive rapidly and inappropriate zeal, in the light of an alleged pandemic threat (declared despite the mild nature of the supposed pandemic disease) should motivate the Food and Drug Administration (FDA) and/or the Centers for Disease Control (CDC) to move forward with the measures proposed by Petitioners herein to protect both the public’s welfare and their right to fully informed consent and transparency.
29. Below are listed three of numerous instances in which courts have upheld an agency’s decision to invoke the “good cause” exception and issue a rule without providing notice and comment where a delay would threaten public safety or the environment. See: Hawaii Helicopter Operators Ass’n v. FAA, 51 F.3d 212, 24 (9th Cir. 1995) (good cause exception satisfied in view of “the threat to public safety reflected in an increasing number of helicopter accidents”); Northern Arapahoe Tribe v. Hodel, 808 F.2d741, 750-52 (10th Cir. 1987) (good cause exception satisfied in view of urgent need for hunting regulations where herds were threatened with extinction); Northwest Airlines v. Goldschmidt, 645 F2d 1309, 1321 (8th Cir. 1981) (good cause exception satisfied in view of urgent need to allocate landing slots at major airport).
30. The rationale underlying those decisions is that compliance with time-consuming procedural requirements would “do real harm” by delaying implementation of urgently needed policies to safeguard public health. Swine Flu causes a disease of low virulence and pathogenicity so that the need for current Agency displays of overwhelming haste in their approval is not present, but the Vaccines contain never-before-approved adjuvants and known toxins so that the need for caution in their approval is very much present. Clearly, the exigent circumstances necessary to satisfy the Administrative Procedures Act’s (APA’s) good cause exception are present with regard to Petitioner’s concerns as set forth in the Factual Basis for Relief. They are not present with regard to the Vaccine approval applications. On the contrary, such approval would harm the public health.
Factual Basis for Relief
31. Vaccinations cause well-known and foreseeable harm. Autism, neurological damage, Guillian Barré syndrome, post vaccination Encephalitis, asthma, coma, juvenile ALS, adult ALS, oil-in-water adjuvant-induced poly arthritis, dermatitis, fibromyalgia, fatigue, malaise, death and other known consequences of vaccine injury are not generally reversible and the present danger from the Vaccines to children and adults is so great that the “good cause” exception referenced above is well warranted in this case. Consumers are being defrauded while children and others are being irreversibly damaged. Once a child collapses into autism, for example, there is a virtually irreversible path which the child and family follow, often leading to eventual institutionalization. These are, in most cases, preventable tragedies. The probable harm is immediate and irreparable.
32. In order to redress the perceived harm, there are several procedural matters that should be addressed by Agency Rule or Court interpretation. These are the need for:
(1) Clear and prominent Warnings as specified elsewhere herein,
(2) Due-process compliant procedures for opting out of involuntary vaccinations,
(3) Sound information to support informed consent if the vaccination is truly voluntary, and
(4) Due-process compliant procedures required to involuntarily isolate or quarantine any person who refuses to take an involuntary vaccine, or for anyone who for voluntary reasons refuses to take a vaccine.
33. Medical ethics, United States law regarding medical experimentation and treatment, and international legal standards require nothing less. These international legal standards are among the international standards the Agency pledged to harmonize to in a notice published in the Federal Register of October 11, 1995 (60 FR 53078), “FDA articulated its policy regarding the development and use of standards with respect to the harmonization of various national and international regulatory requirements and guidelines…”
See: http://www.cfsan.fda.gov/~lrd/fr970707.html
34. Similarly, if the H1N1 “Swine Flu” vaccination results are similar to the 1976 “Swine Flu” vaccination panic, hundreds will die (more than are alleged to have died from the 2009 “Swine Flu”) and hundreds of thousands or more will be injured. If the Vaccines, with their squalene adjuvant, are as deadly as the experimental squalene Anthrax Vaccine mandated for United States soldiers during the First Gulf War, hundreds of thousands will be hospitalized due to vaccine adverse reactions with tragic consequences to them and enormous preventable financial burdens on the healthcare system.
35. The Petitioners append to this Petition further supporting materials as Appendix B – these address:
1. Epidemics Timeline – Andrew Maniotis, Ph.D
2. Voluntary vs Mandatory – Rima E. Laibow, MD
3. Legal Article: Basis for Injunction – Kent R. Holcome
4. Your Right to Self Shield – Ralph Fucetola, JD
5. Access to Representative Data Unfavorable to Petitioners
Actions Requested from Food and Drug Administration (FDA)
and/or the Centers for Disease Control (CDC)
36. Therefore the Petitioners request the following redress of grievances:
(a) The first action sought is an emergency Temporary Stay of the pending Vaccine approval applications. The applications should be denied. Petitioners request a Public Hearing. Petitioners are in immanent peril of irreparable harm if the Temporary Stay is not granted immediately.
(b) Additionally, the Petitioners petition the Food and Drug Administration (FDA) and/or the Centers for Disease Control (CDC) to open and accept public comments and include, as part of any approval of the Vaccines, requiring strong warnings to the publics of each age groups, geographic location and any other relevant demographics, that a process be developed for individuals to opt out of any mandatory program and that clear instructions be given on the risk and benefits of the vaccine:
“This Vaccine has not undergone adequate FDA safety or efficacy testing and its risks are unknown in all age groups. This Vaccine contains ingredients previously rejected for use in the United State and/or never evaluated by the FDA which have been shown in animal studies to cause significant adverse biological response when injected.” Additionally, there is no legal mechanism, such as the VICP, which will provide compensation for those who may be foreseen to be injured by the Vaccines.
(c) Furthermore, the Petitioners petition the Food and Drug Administration (FDA) and/or the Centers for Disease Control (CDC) to recommend to all implementing agencies, such as State Departments of Health that the Vaccines not be subject to any legal mandate requiring their use by any class of persons in order for such persons to receive government services, or to work in particular employments, or to travel or to attend any public places or for any other purpose.
(d) The Petitioners petition the Food and Drug Administration (FDA) and/or the Centers for Disease Control (CDC) to recommend to all implementing agencies, such as State Departments of Health that these uninsurable, unproven and untested Vaccines not be subject to any legal mandate, whether direct or indirect, perceived or actual, requiring their use by any class of persons in order for such persons to receive government services, such as schooling, or to work in particular employments, such as first responders or health care workers, or to travel or to attend any public places or for any other purpose.
(e) The Petitioners petition the Food and Drug Administration (FDA) and/or the Centers for Disease Control (CDC) to recommend voluntary Self-Shielding at home in preference to vaccination or removal to FEMA or other relocation facilities in the event of a Declared Pandemic Emergency.
Wherefore the undersigned certifies that to the best of his knowledge and belief the factual statements made herein are true, complete and not intentionally misleading.
The undersigned certifies, that, to the best knowledge and belief of the undersigned, this petition includes all information and views on which the petition relies, and that it includes representative data and information known to the Petitioner which are unfavorable to the petition.
August 17, 2009 (Rev.1.01 – 08.23.09)
Initial Petitioners Listed on Appendix A
By:
Ralph Fucetola JD
Natural Solutions Foundation Trustee, on behalf of all Petitioners
Express Mail: EO 964 064 326 US – 0144 4000 0332 0857
Revision by email to: [redacted]@fda.hhs.gov
Appendixes
Appendix A – Signatories
Gary Null, PhD – Human Nutrition & Public Health Science
New York, New York 10024
Dr. Tedd Koren, DC – Foundation for Health Choice
Hatfield, PA 19440
Albert N. Stubblebine III – (Maj Gen. US Army Ret.) President
Natural Solutions Foundation
Maryville, Missouri 64468
Rev. Dr. Robert H. Sorge – Pastor of Abunda Life Center
Asbury Park, New Jersey 07712
Rev. Kathy A. Greene, BARA – Chair of LifeSpirit Center
Newton, New Jersey 07860
Alan Phillips, J.D., VaccineRights.com
Chapel Hill, NC 27515-3473
Karen Horbatt – President – Institute for Health Research
Summit, NJ 07901-1826
Appendix B – Articles
1. Andrew Maniotis, Ph.D – How to Predict an Epidemic Timeline
http://drrimatruthreports.com/?p=3198
2. Rima E. Laibow, MD – Truth and the Ministry of Lies
http://drrimatruthreports.com/?p=3279
3. Kent R. Holcome – Basis for Injunction
http://www.medicalveritas.com/man1925_1936.pdf
4. Ralph Fucetola JD: Your Right to Self Shield
http://drrimatruthreports.com/?p=2752
5. Unfavorable Data:
21 C.F.R. 10.30 includes a form of Certification, as used in this Petition, which requires Petitioners to set forth “representative data and information known to the petitioner which are unfavorable to the petition” In fulfillment of this requirement, Petitioners cite the Government’s own web site on Vaccine Safety which includes a representative sample of opinions contrary to those of Petitioners:
http://www.fda.gov/BiologicsBloodVaccines/SafetyAvailability/VaccineSafety/ucm133806.htm
———————————–
Addendum 1.01
Requirements under 21 C.F.R. 10.30 (Citizens Petition)
A. Action requested
The Petitioners request the five specific actions set forth in Paragraph 36 of the Petition.
B. Statement of Grounds
The Legal and Factual Statement of Grounds is found in Paragraphs 8 through 35 of the Petition.
C. Environmental Impact/Exemption
The impact of the granting of the five specific relief actions requested herein will not have any measurable effect on the current environment. This Petition should therefore be exempt under 21 C.F.R. 25.31 (Human drugs and biologics).
D. Economic Impact
This decision will impact the economy as follows:
1. May limit upside profit potential of the vaccine makers and others who will profit from the sale of uninsured, un-tested-for-safety and unproven vaccines to the public.
2. Will reduce the cost to the economy of the lost productivity and other costs of persons who will suffer foreseeable harm from the vaccines.
3. Since the effectiveness of the vaccines are not proven, it cannot be determined what economic benefit may occur from any alleged immunization effect.
Addendum 1.02
Requirements under 21 C.F.R. 10.35 (Stay of Action)
A. Decision Involved
The Center for Biological Evaluation and Research (CBER) pending “Swine Flu”- A-H1N1-09 Vaccine Approvals under the Public Health Service Act, Biological Products:
Section 351(d) (Section 262 of Consolidated Title 21): “Licenses for the maintenance of establishments for the propagation or manufacture and preparation of products described in Subsection A of this Section may be issued only upon a showing that the establishment and the products licenses desired standards, designed to assure the continued safety, purity, and potency of such products, prescribed in regulations, and licenses for new products may be issued only upon a showing that they meet such standards.”
B. Action Requested.
Per Paragraph 36 (a) of the Petition: “an emergency Temporary Stay of the pending Vaccine approval applications. The applications should be denied. Petitioners request a Public Hearing. Petitioners are in immanent peril of irreparable harm if the Temporary Stay is not granted immediately. ”
NAIS in Sheep’s Clothing
Natural Solutions Foundation
Donate to Keep Health Freedom Free. All donations are tax deductible for US taxpayers: http://drrimatruthreports.com/?page_id=189
Take this Action Step NOW for every member of your family/household and mobilize everyone you can reach to do the same: http://salsa.democracyinaction.org/o/568/t/1128/campaign.jsp?campaign_KEY=26714
Visit your Senator to tell him/her how strongly you insist that he/she protect both your food and your freedom. Here is a printable fact sheet you can use to either send to people in your emails or hand out to your Senator and people in health food stores, community members, etc.: http://www.lifespirit.org/FoodSafetyBills-leafletFINAL.pdf
The Natural Solutions Foundation has been warning about the coming of Codex to our food supply, with its degradation of every aspect of our food freedom and quality for quite some time. We are so concerned about this food and freedom issue that we are creating the innovative Valley of the Moon(TM) Eco Demonstration Project, www.NaturalSolutionsFoundation.org, in Volcan, Panama, to teach farmers and non farmers alike how to reclaim the production of food. But meanwhile, the US is loosing its food freedom and its freedom all at the same time.
HR 2749, and its sister bill which the Senate will consider when it reconvenes in September brings it all back home. The article below is long, detailed and vitally important to you and your family. This is not simply a technical bill for technocrats. This is real life food slavery for you and for your family unless we act now.
HR 2749 takes giant steps forward in bringing what none of us want to see into being. HR 2749’s sister bill must NOT pass in the Senate if you value the health that comes from food, value your freedom to grow and source the type of clean, unadulterated food you value and if you do not want to see, eat and be, a global food slave. To date, as I write this, some 876,996 emails have been generated to tell Congress to safeguard, not destroy, our health and our food supply, as well as our freedom. It is imperative that we make sure that the Senate understands that this is not a request, it is a demand. If you have not generated emails to stop this invasion of the Constitution, your health freedom and your food and pets, do so now.
The article below focuses on just one aspect of that program, the National Animal Identification System or NAIS.
There has been a long and powerful battle in the US against NAIS, a regulatory and chipping system which would place extraordinary burdens on small farmers, raising costs of “traceability” and farming practices so high as to drive them out of business, leaving the field to the industrial giants, the Codex Criminals who want food produced cheaply enough to make them even richer – and care nothing about health, safety or the future of either food or your family.
HR 2749, passed under great pressure by the House of Representatives on July 31, 2009, just as it went on August recess, is a disastrous bill for food, for freedom and for farmers. It is a disastrous bill for you. If you keep pets, it is a disastrous bill for them, too.
When we gained successful push back when Congresswoman Rosa Delaurio (CT-D) agreed not to fund NAIS in Committee, we knew that the issue would be back around. And here it is.
Please take the Action Step in our Three for Liberty Campaign, http://drrimatruthreports.com/?p=3262, right now, once for each member of your family. Then let every single person you know or can reach that it is urgent that they do the same IF they believe in their right to clean, unadulterated food, do not want Codex’ international globalization standards implemented, want to support small and organic farmers, do not want their pets chipped (yes, their pets!) with devices which have been shown to cause cancer, do not want the FDA to be able to declare martial law (!) and seize property in cases of food contamination and want to be able to grow their own gardens without having to adhere to Codex standards, complete with PIN number!
This is not the United States we believe we live in. This is global food fascism, nothing more and nothing less. Don’t let it happen. It really is up to us.
Yours in health and freedom,
Dr. Rima
Rima E. Laibow, MD
Medical Director
Natural Solutions Foundation
www.HealthFreedomUSA.org
www.GlobalHealthFreedomUSA.org
Valley of the Moon Eco Demonstration Project
www.NaturalSolutionsFoundation.org
www.ValleyoftheMoonCoffee.org
www.Organics4U.org
www.NaturalSolutionsMarketPlace.org
Welcome to the Global Plantation: HR 2749 Authorizes International Take-Over of Domestic Food Production
© Doreen Hannes 2009
Published by permission of the author
HR 2749 AUTHORIZES NAIS and OTHER INTERNATIONAL PROGRAMS
Congressional staffers have been telling people that HR 2749, the Food Safety Enhancement Act of 2009, does not authorize the National Animal Identification System (NAIS). Many organic groups have agreed with them. However, this is misleading. Though HR 2749 does not name “the” National Animal Identification System, it still authorizes the program. It also does not state that it legally authorizes Good Agricultural Practices, or GAP, partially comprising Codex guidelines on traceability and food safety, and the OIE’s Guide to Good Farming Practices including auditing, certification and inspections, disincentives for not participating in the form of fines, penalties, and loss of access to market, but it does. Is it possible that Congress was not aware of what it voted on? The bill was changed three times in a 24-hour period before passing the House 283-142 on July 30, 2009.
Are these assertions about HR 2749 wild and unsubstantiated? Proving them is fairly easy—just understand “Good Agricultural Practices” (GAP), how the agencies of the World Trade Organization operate within member countries to achieve them and what comprises the actual jurisdiction of the FDA and USDA. A brief explanation follows, along with substantiating quotes from HR 2749.
First we look to jurisdiction in HR2749….
“Nothing in this Act or any amendment made by this Act shall be construed to alter the jurisdiction between the Secretary of Agriculture and the Secretary of Health and Human Services, under applicable statutes and regulations…” (p.3&4)
Then, tossing our preconceived notions to the wind and looking to law instead, we find that congressional testimony of the FDA on establishing a single food safety agency and a myriad of other sources including the FAO (Food and Ag Organization of the UN), the FDA statements on the Bioterrorism Act of 2002, and many books on food law affirm that FDA has jurisdiction over live food animals:
“FDA is the Federal agency that regulates 80 percent of the nation’s food supply-everything we eat except for meat, poultry, and certain egg products, which are regulated by our partners at USDA. FDA’s responsibility extends to live food animals…”(Cfans Director, March 2004 Congressional hearing)
So then what is the authority of the USDA? It is over agricultural disease, animals in the slaughter channel or transport, marketing (like grading of eggs and certification of processes) and the end product of many (but not all) food animals; meat. This is why NAIS always had to be “about disease” because the USDA couldn’t run it otherwise! The exemption section on USDA regulated products is a dust up. Most people think the USDA has authority over live food animals, but it is the FDA after all. They surrender “cow, sheep or goat for milk production”, but the FDA retains authority of the fluid milk and when the animal is no longer productive for milking, it’s into the slaughter channel (under USDA) or out to pasture (back to FDA) anyway!
“Livestock and poultry that are intended to be presented for slaughter pursuant to the regulations by the Secretary of Agriculture under the Federal Meat Inspection Act or the Poultry Products Inspection Act are exempt from the requirements of this Act. A cow, sheep, or goat that is used for the production of milk is exempt from the requirements of this Act.” (p.5 of HR2749)
HR 2749 is 160 pages (July 29 version) and contains the following references to international standards and guidelines (emphasis added for clarity) (all page numbers refer to the PDF file):
“(B) INTERNATIONAL STANDARDS.—In issuing guidance or regulations… the Secretary shall review international hazard analysis and preventive control standards that are in existence on the date of the enactment of this Act and relevant to such guidelines or regulations to ensure that the programs…..are consistent……with such standards.” (p. 35)
“CONSISTENCY WITH INTERNATIONAL OBLIGATIONS.—The Secretary shall apply this paragraph consistently with United States obligations under international agreements.” (p. 81)
“The Secretary shall issue regulations to ensure that any qualified certifying entity and its auditors are free from conflicts of interest. In issuing these regulations, the Secretary may rely on or incorporate international certification standards.” (p. 82)
This means that there will be a layer of auditors, certifiers and inspectors over every aspect of food production in this country and that these inspectors and certifiers will be trained in ISO (International Standards Organization) management program certification. The ISO has been working with Codex Alimentarius on Food Safety Standards and, in particular, a technical standard for Global Food Safety Initiative (GFSI) which is a consortium of the seven largest food retailers in the world, and that is ISO22000:2005. All traceability (read NAIS) falls under the purview of Codex, the OIE (World Animal Health Organization) and the IPPC (International Plant Protection Convention) for global trade agreements.
The following excerpt from HR 2749 shows the fully interoperable global network already in existence regarding food and its production:
“Development of such guidelines shall take into account the utilization of existing unique identification schemes and compatibility with customs automated systems, such as integration with the Automated Commercial Environment (ACE) and the International Trade Data System (ITDS), and any successor systems.” (p. 142)
So it is clear that international standards and guidelines are implicit in this legislation. Note the usage of the command form SHALL. This isn’t a ‘might’, ‘may’ or in anyway a voluntary issue on the part of the Secretary. Then there is the section on Traceability. This is a code word in the National Animal Identification System and when one reads Sec.107 of this bill, it describes specific components of NAIS down to 48-hour trace-back, which cannot even be fantasized about with out individual animal identification.
“…..the Secretary shall issue regulations establishing a tracing system that enables the Secretary to identify each person who grows, produces, manufactures, processes, packs, transports, holds, or sells such food in as short a timeframe as practicable but no longer than 2 business days.” [note that it says “grows”] (p. 70)
and…
“……use a unique identifier for each facility owned or operated by such person for such purpose…” (p. 69)
So we have PIN (Premises Identification Number) and 48-hour traceback harmonizing with international standards and guidelines along with this:
“….‘‘(C) COORDINATION REGARDING FARM IMPACT.—In issuing regulations under this paragraph that will impact farms, the Secretary ‘‘(i) shall coordinate with the Secretary of Agriculture; and ‘‘(ii) take into account the nature of the impact of the regulations on farms.” (p. 71)
Now that I’ve killed you with legalese, it’s time to let you find out just what these international standards and guidelines mean to those engaged in agriculture in this country.
“GOOD AGRICULTURAL PRACTICES”
Good Agricultural Practices (GAP) are not a standard in and of themselves. They are a combination of standards and guidelines set forth by the Food and Agriculture Organization of the U.N. (FAO), through both the OIE (World Animal Health Organization) and Codex Alimentarius (Food Code) and IPPC to meet the certification and auditing side of the international trade aspects of the standards set forth. The OIE and Codex are charged with setting global standards and guidelines for the member countries of the WTO to meet and satisfy the SPS (Sanitary and Phyto-Sanitary), TBT (Technical Barriers to Trade) and Equivalency agreements of the WTO for participation in international trade. Both the OIE and CODEX have guidelines for traceability that, with the passage of HR2749 into law, would be written into regulations governing all interstate commerce within the boundaries of the United States. The components of traceability are the pillars of NAIS that many of us have become so familiar with in the course of the battle over the past several years. Those being 1) Premises Identification 2) Animal Identification and 3) Animal Tracking. You can’t have traceability under international standards without having those three components.
One of the main issues in the implementation of these standards and guidelines within a member nation of the WTO is that they must have a legal framework through which to regulate and enforce these guidelines and standards. HR 2749 would meet the criteria for that legal framework by way of the excerpts from the bill above.
In the OIE’s “Guide to Good Farming Practices” the management of a livestock facility are clearly spelled out. Some of these recommendations that would become defacto law in the US under agency rule-making on passage of HR2749 (GGFP delineates international guidelines for food safety at the farm level) are:
– For each animal…Require and keep all commercial and health documents enabling their exact itinerary to be traced from their farm or establishment to their final destination…
-Keep a record of all persons entering the farm…..
-Keep medical certificates of persons working with the animals……
-Keep documents proving the water you give to the animals meets specific criteria
-Keep samples of all feed given to the animals
-Keep all documents from official inspections
-Keep records of treatment and procedures on all animals (castration, disbudding, calving, medications, etc.)
-Prevent domestic animals (cats and dogs) from roaming in and around livestock buildings
-Place all these documents at the disposal of the competent authority (Veterinary Services) when it conducts farm visits.
Some of the other guidelines and standards that would come into play after the implementation of traceability for all agricultural products would be : (from FAO COAG/17 “Development of a Framework for Good Agricultural Practices”) “the adoption and implementation of international standards and codes for which Codex food safety standards and guidelines have been designed, and the associated capacity building, training, development and field implementation in the context of the different production systems and agro-ecozones. These include: Enhancing Food Quality and Safety by Strengthening Handling, Processing and Marketing in the Food Chain (214A9); Capacity Building and Risk Analysis Methodologies for Compliance with Food Safety Standards and Pesticide Control (215P1); Food Quality Control and Consumer Protection (221P5); Food Safety Assessment and Rapid Alert System (221P6); and Food Quality and Safety Throughout the Food Chain (221P8).”*
To be certified as meeting the requirements of “GAP”, which is synonymous with being in compliance with international standards and guidelines, we can check out GlobalGAP.org. This is “the” certifying methodology for international trade in ag products. Here are a few excerpts from their 122-page general regulations booklet that has links to checklists for those who would be certifiers and auditors under the principles of GAP. This is an organization, not a governing body under WTO agreements, but working with nations and businesses to meet the criteria regarding these GAP practices for international trade. Here is a bare minimum of excerpts from their regulation document:
-(ii) Developing a Good Agricultural Practice (G.A.P.) framework for benchmarking existing assurance schemes and standards including traceability. (iii) Providing guidance for continuous improvement and the development and understanding of best practice. (iv) Establish a single, recognised framework for independent verification.
-Production Location: A production unit or group of production units, covered by the same ownership, operational procedures, farm management, and GLOBALGAP (EUREPGAP) decision-making activities.
-Within the context of GLOBALGAP (EUREPGAP) Integrated Farm Assurance this means tracing product from the producer’s immediate customer back to the producer and certified farm.
-Within the context of GLOBALGAP (EUREPGAP) Integrated Farm Assurance this means tracking product from the producer to his immediate customer.
In simple English, which appears to be highly lacking in all these guidelines, it means NAIS for everything, and for anyone who wishes to be engaged in agriculture….Remember the “grows” phrase from the earlier excerpt from HR2749. Now let’s look at some of the ‘exception’ clauses in HR2749. This bill is a terrifically crafty piece of legislation that is designed to cloud the reader’s understanding of the impact of the law being proposed in it. All of the exception clauses give the exception under this Act so long as you are ready to be regulated under a different Act. We’ll just look at a couple of these clauses to allow you to get the gist of the lack of exception available through the exceptions….
“EXCEPTIONS”
Farms- A farm is exempt from the requirements of this Act to the extent such farm raises animals from which food is derived that is regulated under the Federal Meat Inspection Act, the Poultry Products Inspection Act, or the Egg Products Inspection Act.
‘‘(I) such an operation that packs or holds food, provided that all food used in such activities is grown, raised, or consumed on such farm or another farm under the same ownership;
‘‘(II) such an operation that manufactures or processes food, provided that all food used in such activities is consumed on such farm or another farm under the same ownership; (pages9 and10)
Thus, if you grow everything you feed and consume everything you grow, and use no minerals or salts that you don’t mine yourself, you may be exempt. Or, in plain English, don’t even try to make a living in agriculture if you won’t comply with these rules.
One more exception to contend with here is:
‘(A) DIRECT SALES BY FARMS- Food is exempt from the requirements of this subsection if such food is–
‘(i) produced on a farm; and
‘(ii) sold by the owner, operator, or agent in charge of such farm directly to a consumer or to a restaurant or grocery store. (page 71)
This sounds good. However, there are several problems with this that are not evident without some knowledge of how things are done in the traditional avenues open for market to growers. First of all, cattle, whom you may recall as the primary target of the NAIS Business Plan, are often sold either at auction barns or via potload to feedlots. It is illegal to sell beef directly from the farm to consumers in every state that I know of. People often will sell a calf ready to butcher in halves or quarters to people and deliver the calf to the slaughter facility for the consumer, but this is far from the normal route of commerce in cattle or other species of meat animal. Even if you can securely wedge your operation into this particular exemption, they get you later via the record keeping section of this bill:
‘(E) RECORDKEEPING REGARDING PREVIOUS SOURCES AND SUBSEQUENT RECIPIENTS- For a food or person covered by a limitation or exemption under subparagraph (B), (C), or (D), the Secretary shall require each person who produces, receives, manufactures, processes, packs, transports, distributes, or holds such food to maintain records to identify the immediate previous sources of such food and its ingredients and the immediate subsequent recipients of such food.
‘(F) RECORDKEEPING BY RESTAURANTS AND GROCERY STORES- For a food covered by an exemption under subparagraph (A), restaurants and grocery stores shall keep records documenting the farm that was the source of the food.
‘(G) RECORDKEEPING BY FARMS- For a food covered by an exemption under subparagraph (A), farms shall keep records, in electronic or non-electronic format, for at least 6 months documenting the restaurant or grocery store to which the food was sold.’ (pp. 74-75)
So being exempt means you are required to keep records. Keeping required records means you could be required to release those records. So how exempt can a person get under this legislation? Especially when the slaughter facilities will all be regulated unless the USDA already regulates them?
PENALTIES AND FINES
Then of course, as with any law, there are the fines and penalties. These are from $20,000 to $1,000,000 per violation. (p. 122)
NO JUDICIAL REVIEW
There is also the change under the seizure section that takes away judicial overview…(double quotations indicate amending language)
…….procedure in cases under this section shall conform, as nearly as may be, to the procedure in admiralty; except that on demand of either party any issue of fact joined in any such case shall be tried by jury, “”and except that, with respect to proceedings relating to food, Rule G of the Supplemental Rules of Admiralty or Maritime Claims and Asset Forfeiture Actions shall not apply in any such case, exigent circumstances shall be deemed to exist for all seizures brought under this section, and the summons and arrest warrant shall be issued by the clerk of the court without court review in any such case””…… (p. 116)
So we can just throw out that pesky Fourth Amendment to the Constitution and while we’re at it, let’s get rid of probable cause as well via this wording from page 117:
by striking ‘‘credible evidence or information indicating’’ and inserting ‘‘reason to believe’’;
There are many other dangerous aspects to HR 2749, like seizures, quarantines, and licensing and whistle blower provisions, but this should leave no doubt that this bill will indeed affect farms and has the potential to affect even home food production if an agency decides to apply the international risk analysis schemes to that venue. This bill opens a huge regulatory nightmare that is only evident when one knows what the international guidelines and standards consist of in regard to agriculture. Understanding those, it is highly unlikely that they will issue regulations that keep things as they are now.
Now, the questions that everyone involved in agriculture, meaning everyone who eats, must ask themselves are these:
Can regulating, fining and destroying the freedom of people to grow food create food safety?
Have the impacts of so-called “Free Trade” on this nation been beneficial for the citizens of this country?
Have food safety concerns increased or decreased since we have begun to import more food under these trade agreements?
And ultimately, does the US Constitution provide for the voidance of the Bill of Rights to participate in global trade?
My copy of the Constitution clearly does not allow for any law to void the Bill of Rights which is unalienable and Constitutionally guaranteed. It’s time to let our Federal representatives know in no uncertain terms, that everything to do with governance ultimately comes down to the consent of the governed, and we will not consent to being run by international agencies.
========end==========
My deep thanks to Paul Griepentrog, who helped in going through the legislation and many of the ramifications and amendments to current law under this Act.
Natural Solutions Foundation
www.HealthFreedomUSA.org
PUSHING BACK – “NO MANDATORY VACCINATIONS”
Says US Government
No Forced Vaccine Action Step
http://salsa.democracyinaction.org/o/568/campaign.jsp?campaign_KEY=27275
3 Weeks to Save Health Freedom:
http://drrimatruthreports.com/?p=3262
You know that push back works. We are finding out together just how well it works! Last week, the US Government made it clear that, whether they want to or not, they have to respond to our demands. We are not home yet, but we sure have pushed the mandatory vaccine crew back quite a way.
We don’t want mandatory vaccines. We don’t want incarceration. What we do want is the right to control our own lives and health choices We’ve been telling the US Government, Governors and State Legislators exactly that with more than 1.3 million emails to that effect… so far.
Last week, Secretary Sibelius of Health and Human Services (home of FDA and CDC), along with Dr. Fauci of the National Institute for Allergies and Infectious Diseases went on record (CSpan) responding to our insistent, persistent demand for self sheilding rather than mandatory pandemic vaccination. Of course, they did not mention us by name but they were clearly repsonding to our email campaign demanding the right to own our own bodies. They said all vaccinations would be voluntary – and we don’t believe them for a minute. Here’s why, and here’s what we need to do.
‘Ministry of Truth’ Spins Lies,
a la 1984
Note that in the following quotes from official documents, published in 2005, “quarantine” applies to people who have not yet become ill while “isolation” applies to those who have already developed the disease.
The benign-sounding, but very ominous, term “provisional quarantine”, by the way, is defined on p. 41 of 42 CFR 70_71.pdf as “detention on an involuntary basis of a person or group of persons reasonably believed to be in the qualifying stage of a quarantinable disease until a quarantine order has been issued or until the [CDC – REL] Director determines that provisional quarantine is no longer warranted.”
NOTE: As you read through the following quotes authorizing the CDC to quarantine you on a “voluntary” basis if you do not take the pandemic vaccine on a “voluntary” basis, I suggest you insert the word “involuntary” in front of every place that “quarantine” appears – REL
Now that the US Government has declared that vaccines will be “voluntary”, you need to understand that in an Orwellian inversion, “voluntary vaccination” will actually be mandatory vaccination which would work like this:
FEDERAL QUARANTINE:
* The US Government could, like any good politician, simply reverse this “campaign promise” and, to put it simply, lie. This would neither be uncommon nor unexpected. The only protection against this would be legislation such as the legislation we have proposed in our No Forced Vaccination Action item and which Dr. Ron Paul is considering introducing. Enthusiastic support for this legislation will help collect enough spponsors and supporters to pass.
* WHO’s International Health Regulations (IHR) are legally binding upon all 194 signatory countries, including the US. If WHO advises mandatory vaccination under the IHR, the US would be obligated to reverse its current stand and require mandatory vaccination for the Swine Flu, Level 6 Pandemic. US Legal exemptions for self shielding, but not for medical conditions, would, we believe, trump this requirment since we believe legal action by the US BEFORE mandatory vaccination is invoked would give the US legal authority to allow self shielding without violating international law. http://www.who.int/features/qa/39/en/index.html, whqlibdoc.who.int/publications/2008/9789241580410_eng.pdf
* Executive Order 13375 permits federal isolation and quarntine of individuals to prevent transmission of numerous diseases including “influenza that can cause a pandemic”. Under this April 1, 2005 EO signed by George W. Bush, and the following regulations, anyone violating a quarantine order can be punished by a $250,000 fine and a one year prison term while organizations may be punished by a $500,000 fine….” http://en.wikisource.org/wiki/Executive_Order_13375 , 42CFR70_71-1.pdf p.3
* Under §§361-368 of the Public Health Services Act (42-USC 264-271), the government can “make and enforce regulations as are necessary to prevent the introduction, transmission or spread of communicable diseases from foreign countries into the United States and from one State or possession into another….especially when combined with vaccination….” 42CFR70_71-1.pdf p.3
* Section 70.9 of the Public Health Services Act (42-USC 264-271) allows the government to establish vaccination clinics and charge a user fee for that vaccination [unless you are a Medicare B recipient] introducing “…health strategies such as vaccination.” Records must be carefully kept although “the Director may waive or modify these requirements in the event of a public health emergency.” That means that, as in the military’s use of experimental vaccines, records do not have to be kept. Since all vaccine makers and those who administer them are specifically exempt from any liability, there is, from their point of view, perhaps no reason to keep records – REL 42CFR70_71-1.pdf p.3
* “Persons subject to provisional quarantine may be offered medical treatment, prophylaxis, or vaccination as the Director deems necessary to prevent the transmission or spread of disease. Medical treatment prophylaxis, or vaccination will typically occur in a hosptial setting but may occur in other settings as the Director deems necessary.” “Medical treatment, prophylaxis, or vaccination may occur in a hospital or other settings, including homes [Empahsis added – REL] as the Director deems necessary,… on a voluntary basis….provided that persons who refuse remain subject to quarantine until the period of incubation and communicability have passed.” 42CFR70_71-1.pdf p.13, 14 [Empahsis added – NOTE: this gives additional weight to our demand for home self-shielding – REL]
* “Medical treatment, prophylaxis, or vaccination shall occur on a voluntary basis, provided that persons who refuse remain subject to provisional quarantine.” [Empahsis added – REL] 42CFR70_71-1.pdf p.13
* “The length of quarantine shall not exceed the period of incubation and communicability” which for influenza is given as “1-4 days following exposure” and another “5-14 days following onset of illness”. 42CFR70_71-1.pdf p.14
NOTE: you can be held in “provisional quarantine” indefinitely although the quarantine itself is not to exceed the period of inclubation and communicability of the disease. Imagine, for a moment,that you are in a detention center and someone else develops a cold, cough or fever. You ALL could then be held in povisional detention for another period, and another and another…. since:
* The person in quarantine “may refuse examination, medical monitoring, medical treatment, prophilaxis or vaccination, but that if they choose to do so they remain subject to quarantine“ [Emphasis added] 42CFR70_71-1.pdf p.15
* Once Pandemic Emergency powers are invoked, you could be given the “choice” to accept a flu shot or not. If you do, whatever the consequences are, you can sue no one, and no one is liable for your damages (or death). If you “choose” not to accept the “voluntary” flu shot, you will very likely then be faced with provisional quarantine, which equals incarceration/quarantine/detention for as long as the government chooses to detain you.
Despite the legalism, I would call that mandatory vaccination, wouldn’t you?
Isn’t this just a “perfect storm”: those who submit to the vaccination have no redress and those who refuse are subject to indefinite detention.
STATE QUARANTINE:
All 50 States have legislation allowing medical exemptions for conventional vaccines. Nearly all have religious exemptions and some have philosophical exemptions. Pandemic vaccines do not, however, fall under those laws. Public health laws vary from state to state but most have adopted some version of the Model State Emergency Health Powers Act (MSEHPA) which allows the 44 states and the District of Columbia which have passed some or all of this statute to:
– Take control of all roads leading into and out of cities and states
– Seize homes, cars, phones, computers, food, fuel, clothing, firearms and alcoholic beverages for their own use (without liability)
– Arrest, imprison, forecibly examine, vaccinate and medicate citizens without consent (without liability) [Emphasis added – REL]
The MSEHPA allows/requires the Governor of the State to declare a pandemic health emergency once the federal government has done so. At that point, citizens who refuse medical examination or treatment, even if there is no evidence of contamination, will be incarcerated either under a felony or a misdemenor charge (varies by State). This incarceration is for an indefinite period. What this means to you is that you will be ‘disappeared’ without recourse, legal right of appeal or control over your body or your fate.
Under the Constitution of These United States, all matters not specifically designated as government functions are left to the States and the People. Public health is not mentioned in the Constitution so it is a State matter. Thus, the MSEHPA literally OVER RIDES the Federal actions so the fact that the CDC Director would allow you an appeal (which might or might not be granted and might or might now lead to your release if granted) has no meaning if your incarceration is in a State facility. But this also means that your State can pass the legislation that we have proposed in our No Forced Vaccination Action item, http://salsa.democracyinaction.org/o/568/campaign.jsp?campaign_KEY=27275 restoring your right to control your own destiny and your control over your children’s bodies. And, by the way, so can the Federal Government, which is why Ron Paul is considering introducing this legislation.
Every time you submit one of our No Forced Vaccination Action Items, the Governor of your state recieves it. So do your State legislators. And your Federal legislators. And the Secretary of Health and Human Services. And the Secretary of Department of Homeland Security. And the White House.
That means that they, both State and Federal decison makers, are hearing our roar. But the roar has to be loud enough to make it clear that we will not be vaccinated against our will, not even for a phony pandemic which apparently, at least in the minds of WHO (June 11) and HHS (April 25) required a declaration of “Pandemic Emergency)” despite the fact that:
* The first alleged Swine Flu death occurred on April 14, 2009 in Mexico
* Baxter applied for the patent for its version of the vaccine in 2007
* Novartis’ Swine Flu vaccine was removed from the market in Feb, 2009
* “Swine Flu” is diagnosed wrong 90% of the time because its symptoms are indistinguishable from normal seasonal flu
* Swine Flu lab diagnosis is highly inaccurate
* Swine Flu cases are no longer being counted, per a WHO directive, [since diagnosis is so poor – REL]
* Swine Flu has caused far fewer deaths than the normal seasonable flu
* Not one person has been proven, through established forensic methods, to have ever died FROM Swine Flu although some may have died WITH Swine Flu (the fact is, even this is unclear)
On April 29, Alex Jones released the following important information:
Homeland Security Issues Alert on
Mandatory Quarantine Procedures
BATF and FBI to forcibly detain Americans despite only 7 confirmed swine flu deaths in Mexico
Prison Planet.com
Wednesday, April 29, 2009
The Department of Homeland Security has sent out an alert to health care providers outlining how BATF, FBI, and U.S. Marshals will be called upon to impose mandatory quarantines in the event of a widespread swine flu outbreak in the U.S.
According to the report, “DHS Assistant Secretary Bridger McGaw circulated the swine flu memo, which was obtained by CBSNews.com, on Monday night. It says: “The Department of Justice has established legal federal authorities pertaining to the implementation of a quarantine and enforcement. Under approval from HHS, the Surgeon General has the authority to issue quarantines.”
The memo states, “U.S. Customs and Coast Guard Officers assist in the enforcement of quarantine orders. Other DOJ law enforcement agencies including the U.S. Marshals, Federal Bureau of Investigation, and Bureau of Alcohol, Tobacco, Firearms and Explosives may also enforce quarantines. Military personnel are not authorized to engage in enforcement.”
However, a separate Defense Department planning document, DOD_Pl_Implementation_Plan_August_2006_Public_Release.pdf, on dealing with pandemics states that the Pentagon will use the forces at its disposal to assist in “quarantining groups of people in order to minimize the spread of disease during an influenza pandemic” and aid in “efforts to restore and maintain order.”
As we reported yesterday, so-called “involuntary isolation” is already being enforced in certain areas of the United States. The state’s health director in North Carolina, Dr. Jeffrey Engel, said that authorities were already involuntarily isolating patients who may have the swine flu virus. He refused to divulge the location of where the victims were being quarantined.
News reports such as this one from MSNBC are prevaricating around the contention that quarantines are a normal event that Americans should be comfortable with. In reality, there has only been one case of “involuntary quarantine” in the U.S. in the last 45 years.
“In 2007, Andrew Speaker, an Atlanta lawyer, was quarantined inside a hospital in Denver on suspicion of having extensively drug-resistant tuberculosis. It turned out that the CDC was incorrect and Speaker had a milder form of the disease,” states the CBS report.
The MSNBC report also falsely claims that quarantines will solely be handled on a state/local level, when in reality, Bush’s executive order 13375 outlines a federal response, and the DHS memo lists numerous federal authorities that will have powers of quarantine.
In addition, the Bush administration’s National Strategy For Pandemic Influenza (Pandemic-Influenza.pdf) released in November 2005, states that the federal government will impose “quarantines” and “limitations on gatherings”.
http://www.prisonplanet.com/homeland-security-issues-alert-on-mandatory-quarantine-procedures.html
Is this the most important of the crises facing us? I believe so. Can you have an impact on the outcome of this crisis? I know so. We already are having that impact. My estimate is that we need about 10 emails for every one already sent. You can make that happen!
 |
|
News, alerts, and Other Relevant Health Freedom information |
|
INDEX |
Natural Solutions Foundation
2009 Legislative Educational Agenda
www.HealthFreedomUSA.org
Three for Liberty!
Three weeks to save food AND freedom
Action eAlert: http://drrimatruthreports.com/?p=3230
08/08/09 Update: 3 Leaflets for the Three Weeks to Save Health Freedom Campaign
http://drrimatruthreports.com/?p=3241
1. The House of “Representatives” passes draconian (sic) food safety bill…
Take Action Here: http://salsa.democracyinaction.org/o/568/t/1128/campaign.jsp?campaign_KEY=26714
2. And mass forced vaccination comes closer…
Take Action here: http://salsa.democracyinaction.org/o/568/campaign.jsp?campaign_KEY=27275
3. BUT… Dr. Ron Paul offers a prescription to Congress: two new bills, HR 3394 and 3395 – regulate the regulators and promote Free Health Speech!
Take Action here: http://salsa.democracyinaction.org/o/568/campaign.jsp?campaign_KEY=27732
Note: the first two Action Items have been revised. If you submitted them before, along with one for each member of your family or household, we urge you to do so again since, once revised, they count as new items. These actions could save your life, assuming we all act together to speak the power of our collective truth to legislative power.
Are you the one? Are you the one person who makes the difference? Are you the one person who alerts your neighbors like Paul Revere and defeats the forces threatening our lives, our liberty and our sacred honor?
If you are, then you are mounted up and ready to ride – only this time, it’s a freedom mouse that will carry your message to your neighbors and to the heavens because we need both your neighbors and the support of the Universe to make sure that our cause, our just cause, survives.
We are talking about literal survival here: if our food is poisoned we will not survive. If our bodies are poisoned, we will not survive.
We just lost the first part of the last stand for food freedom: The House passed HR 2749, a bill that combines the worst of all of the bad food “safety” bills that were before the Congress. Although it was removed from the voting docket on Tuesday, and defeated on Wednesday, on Black Thursday, July 30, it passed the House of Representatives.
In 3 weeks, the Senate has a chance to vote on this atrocity, which completes the industrialization of America’s food, from sea to contaminated sea.
Twisting the House of Representative’s Rules to prevent meaningful debate, the governing party adopted the martial law (sic) “food safety” bill, HS 2749.
You can read the final bill at:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=111_cong_bills&docid=f:h2749rh.txt.pdf
Congress will be in recess for about three weeks; after that the Senate will take up the bill. We must flood the Senate with so many emails, and visit sitting Senators in their home offices during the August recess in such enormous numbers that they back off. If we make it strong enough, our Push Back WILL work. But that takes you being the one to push!
We have three weeks to assert our 2009 Legislative Educational Agenda.
Printable Leaflets: http://drrimatruthreports.com/?p=3241
Read more about Dr. Ron Paul’s two Health Freedom bills: http://drrimatruthreports.com/?p=3226
We have much to do to and little time; but we know PUSH BACK WORKS and even the horrid Food Fascism bill now contains language somewhat protective of some local food solutions. Not enough! But this is a start and we can finish this process in the Senate. Thousands have joined the Health Freedom Action eAlert in the past few days. Now it’s time to act!
Repeat: We have 3 short weeks to add to the more than 1 million emails which the Natural Solutions Foundation has already sent to your Congressmen and women, The Secretaries of Health and Human Services, USDA and Homeland Security and the White House. 1 Million emails is a good start, but obviously not enough.
We need 10 million emails. Please go to http://salsa.democracyinaction.org/o/568/t/1128/campaign.jsp?campaign_KEY=27134, fill out the revised action item even if you did so before. Then fill it out again for EACH member of your family or household. Then go the next step and send a brief one or two line email with that same link to everyone you know who eats.
Leave out anyone who does not consume food… ;)
Explain something like “Please take a moment to click on the link I am sending to you in order to deluge Congress and other Federal decision makers with our opposition to the industrialization of the US food supply. Under the bill which the House has just passed, FDA would have the power to declare marshal law if any food contamination occurred in the US, seize cars and other property, invade home kitchens to demand recourse on chain-of-custody, cold storage and other absurdities, forbid private farmers to save seeds without million dollar facilities, and on and on. Small farmers will be driven out of business through extreme costs and draconian penalties for record keeping failures of half a million dollars or more and jail time up to 8 years for a first infraction!”
We cannot let this happen. Please fill out the form once for each member of your family and household and then forward this email and link to everyone on your email list.
Here is the First Strike for Liberty Food Freedom Action Item Link:
http://salsa.democracyinaction.org/o/568/t/1128/campaign.jsp?campaign_KEY=27134
Through the power of multiplication of effort, we can generate the necessary fire storm of protest to stop this insanity.
The second strike for liberty and freedom requires the identical action: go to this link:
http://salsa.democracyinaction.org/o/568/campaign.jsp?campaign_KEY=27275
Submit an email for each member of your family or household and then share it with everyone you know. This link is a little different than the other one you just completed, however.
The previous one opposed a law. This one demands a law: a law that says that you have the right, which you do not have now, to refuse a pandemic vaccine without risking incarceration or involuntary quarantine.
Right now, that is the case: both the state and federal law makers have set things up so that if you are offered a vaccine in a declared pandemic emergency such as the one we are in right now [Swine Flu], refusing that vaccine is your right, but the consequences will be either quarantine or incarceration, which are really the same thing. We want to protect your right to Self-Shield instead of accepting the jab.
Further, the CDC will have, under a law pending before Congress, the right to send teams to your door with the authority to vaccinate you and everyone else in the household whether you want to be vaccinated or not.
Forget about the fact that vaccines are, in my opinion, without scientific or medical merit. Even if you agree with vaccination for yourself and your children, I doubt very much that you agree with forced vaccination. You probably believe, as I do, that vaccination, like any other medical procedure, should be voluntary, must be voluntary, may not be compulsory for any reason. That has been the law in civilized nations since the defeat of the Nazis.
Yet your State and Federal Governments see things differently. Based on an outdated, hundred year-old case (Jacobson v Massachusetts) they erroneously believe they have authority to do with us whatever they want, so long as they concoct an “emergency.”
So I urge you to send another email to those same people saying something like,
“Please go to the link below and submit an email for each member of your family or household on a matter or great seriousness: forced vaccination with a vaccine for a disease which has failed to produce a pandemic, but which is being used as a way to make huge amounts of money for vaccine makers (who have been relieved of all liability for any harm their vaccine does!) and very possibly to introduce serious or even deadly, but highly profitable) diseases into an unsuspecting populace.”
These vaccines will be approved before any safety testing has been completed and will be used first, without any safety data, on pregnant women, children, those with chronic illness and on first responders.
No responsible government would engage in such reckless, uninsurable vaccination unless they did not care about the consequences.
Please take a moment to submit these emails demanding the right to remain at home in the event of a pandemic instead of accepting either vaccination or quarantine and then forward this email to everyone you know.
The Third Step of our Three for Liberty is to urge your Congressional representatives to support Dr. Paul’s Health Freedom Free Speech bills.
Take Action here: http://salsa.democracyinaction.org/o/568/campaign.jsp?campaign_KEY=27732
We are asking for your active assistance in preserving life, liberty and the ability to be healthy enough to pursue happiness. We need your help to keep on providing these campaigns.
Please click here: http://drrimatruthreports.com/?page_id=189
Make your tax deductible recurring donation in any amount. Your support is our life line and we appreciate each gift, large or small. We are all in this together, after all, whether we are large or small.
Thank you.
Yours in health and freedom,
Rima E. Laibow, MD
Dr. Rima
Medical Director
Natural Solutions Foundation
www.HealthFreedomUSA.org
www.GlobalHealthFreedom.org
Valley of the Moon(TM) Eco Demonstration Project
www.NaturalSolutionsFoundation.org
www.NaturalSolutionsMarketPlace.org
www.Organics4U.org
Wake Up to Health Freedom
www.ValleyoftheMoonCoffee.org
PS – Our Counsel Ralph Fucetola JD just read through the 134 page Food Fascism bill which the House just passed and found these exemptions (and one interesting paragraph about HARMonization!)
Thus, this horrific bill has one slightly bright spot and you helped to put it there. The farm to consumer exemption listed below was added because our more than 630,000 emails demanding protection for small farmers tied the bill up in committee. To get it out to the House floor for a vote, the Section 107 exemptions had to be added. It is not what we want, but some protection, after all.
So thank you for that. Now, let’s pour on the steam and get what we really want: the defeat of this bill in the Senate.
Exemptions and Requirements of Food Safety Bill – HR 2749
Sec 5 – Meat, poultry & eggs regulated by USDA – exempt
Sec 6 – distilled spirits, wine & beer – exempt
Sec 743 – Max registration fee is $175,000.00 [Easy for Big Ag Biz; hard for anyone else. REL]
Sec 418A – “INTERNATIONAL STANDARDS.—In issuing guidance or regulations under subparagraph (A), the Secretary shall review inter national hazard analysis and preventive control standards that are in existence on the date of the enactment of this Act and relevant to such guide-lines or regulations to ensure that the programs under sections 418 and 418A of the Federal Food, Drug, and Cosmetic Act (as added by
paragraph (2)) are consistent, to the extent the Secretary determines practicable and appropriate, with such standards.” [This is the HARMonization clause – note: it only applies to existing Codex standards. rf]
Rules phased in over 3 years
Page 116 – Registration of Importers
EXEMPTIONS.—The Secretary, by notice published in the Federal Register—
(A) shall establish an exemption from the requirements of this subsection for
importations for personal use.
Sec 107 (page 57)
EXEMPTIONS.—
(A) DIRECT SALES BY FARMS.—Food is
exempt from the requirements of this subsection if such food is—
(i) produced on a farm or fishery (including
an oyster bed, a wild fishery, an
aquaculture facility, a fresh water fishery,
and a saltwater fishery); and
(ii) sold by the owner, operator, or
agent in charge of such farm or fishery
directly to a consumer or to a restaurant or
grocery store.
(B) OTHER FOODS.—The Secretary may
by notice in the Federal Register exempt a food
or a type of facility, farm, or restaurant from,
or modify the requirements with respect to, the
requirements of this subsection if the Secretary
determines that a tracing system for such food or
type of facility, farm, or restaurant is not
necessary to protect the public health.