September 27, 2011

WI: No Right to Produce or Eat Food

Alert - National, Action Item — walterj 9:29 am

In scary legal news a Wisconsin judge had gone completely loopy declaring that citizens have no right to produce or eat the foods of their own choice.

In response to a request from the Farm-to-Consumer Legal Defense Fund, the judge issued a clarification of his decision last week regarding his assessment of the constitutionality of food rights. The judge expanded on his original statement that such constitutional issues are “wholly without merit.”

He explained that the FTCLDF arguments were “extremely underdeveloped.” As an example, he said the plaintiffs’ use of the Roe v Wade abortion rights case as a precedent does “not explain why a woman’s right to have an abortion translates to a right to consume unpasteurized milk…This court is unwilling to declare that there is a fundamental right to consume the food of one’s choice without first being presented with significantly more developed arguments on both sides of the issue.” Gee, I thought they both had to do with the right to decide what to do with your own body.

As if to show how pissed he was at being questioned, he said his decision translates further that “no, Plaintiffs to not have a fundamental right to own and use a dairy cow or a dairy herd;

“no, Plaintiffs do not have a fundamental right to consume the milk from their own cow;”

And in a kind of exclamation point, he added this to his list of no-nos: “no, Plaintiffs do not have a fundamental right to produce and consume the foods of their choice…”

You have to wonder if maybe even the regulators are getting a tad uncomfortable with the rulings coming from the nation’s judiciary on food rights. Many of these individuals, biased as they are against raw milk, dabble in farming to some extent, or grew up on farms. This judge has gone way beyond what many of them have come to assume–that everyone has the right to own a cow and consume its milk Even in places that ban raw milk sales, there’s nearly always a provision in state law that anyone who owns a cow has the right to consume its milk.

It seems Judge Fiedler is saying it’s not a “fundamental right,” but rather a right granted us by the state.
-The Complete Patient

The original judgement can be seen here. To quote from the main points:

1) no, Plaintiffs do not have a fundamental right to own and use a dairy cow or a dairy herd;

2) no, Plaintiffs do not have a fundamental right to consume the milk from their own cow;

3) no, Plaintiffs do not have a fundamental right to board their cow at the farm of a farmer;

4) no, the Zinniker Plaintiffs’ private contract does not fall outside the scope of the State’s police power;

5) no, Plaintiffs do not have a fundamental right to produce and consume foods of their choice;

In other words: Put down that carrot and backup slowly. Anything you eat or grow can and will be held against you in a court of law. You have now entered the police state of 1984. Shut up.

Why is this happening?
Simple, Big Ag is scared that small producers are going to take away a little bit of the market share. They are using their lobbyist and regulatory minions to put the squeeze on small family farms that have found a niche outside the mainstream in order to scare consumers back into buying at the big teats. When that doesn’t work they resort to government raids and insane judicial judgments against the small producers because Big Ag isn’t able to compete on a level playing field even with the help of all the subsidies they get.

What can you do?
Make a stink. Publicize these issues. Write about them on your blogs, web comments, to your representatives and in letters to the newspapers (you know, the crinkly things you fold that has the black ink - still a great tool of free speech as there are plenty of independents left.)

Support your local small farmers. Fight back with your pocket book. Hurt Big Ag where they feel the pain, in their wallets. Spend your dollars locally and as directly as you can to small stores and small family farms so that money flows back into your local economy.

Write your state senators and representatives and ask them to put forth a constitutional amendment that guarantees all people the fundamental right to hunt, grow, produce, own and consume their own food of all forms (animal, vegetable, fruit, cereals, nuts, fungi, etc).Support your local small farmers. Fight back with your pocket book. Hurt Big Ag where they feel the pain, in their wallets. Spend your dollars locally and as directly as you can to small stores, restaurants and family farms so that money flows back into your local economy.

Contact your state senators and representatives and ask them to put forth a constitutional amendment that guarantees all people the fundamental right to hunt, grow, produce, own and consume their own food of all forms (animal, vegetable, fruit, cereals, nuts, fungi, etc).

One more thing:
While you’re at it, suggest that all subsidies be eliminated. I mean all of them. Agricultural, steel, petroleum, mortgage, everything. (Got your attention there with that last one, didn’t I!) Subsidies distort the market and inflate the prices of many things while hiding the true costs. You either pay at the counter and pump or you pay in your taxes. Which will it be? The current system is easy for the big wigs with their fancy legal eagles and accounting fancy books to manipulate. What we need is a simple tax system. Throw away the entire tax code and rewrite it on a single 8.5″x11″ sheet of paper in 12 point type with 1″ margins - Something anyone can read and understand. Everybody gets a standard deduction per person. There should be no other deductions, no other ways to game the system. Then everybody then pays a flat tax on all remaining income, wages or capital gains or otherwise. Couple this with a flat national sales tax on all consumer items. Then add the simple rule that the government’s normal budget (not in times of realwar) must be balanced including working at gradually paying down the debt. This is a fair tax, a fair system and it protects the future of our children. It is progressive for the poor due to the personal exemption and everybody pays their share above the poverty line. Simplicity.

You can make a difference. Do it.

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September 26, 2011

Farmagedon

Action Item — walterj 7:27 am

There is an excellent short review over at the Berkeley Daily Planet about the film Farmagedon: America’s War Against Small Family Farmers. Excerpt:

The first-person stories related in Kristin Canty’s new documentary, Farmageddon, may sound like people recounting the post-trauma shock of a drug-raid but these “perps” are not pot-growers or drug-smugglers, they are family farmers and members of organic produce buying clubs.

“I was at the top of the stairs and I saw a man with a gun pointed up at me. All I could see was a black hat and a black jacket. I stood there thinking this was a serial killer.”

“They seized $64,000 worth of food and equipment. They terrorized the children. They took the farmer away in handcuffs.”

“They showed up at 5:30 in the morning in the middle of a blizzard and they had 42 armed federal agents and USDA officials and they cleared out our entire barn.”

Kristin Canty’s well-crafted documentary manages to fit more than 30 interviews into a taut, engaging, and ultimately enraging, 90-minute film. Among those interviewed is David Rana of Berkeley’s Three Stone Hearth food coop, the operators of Organic Pastures, a grass-fed dairy operation in Fresno, and the owner of Rawesome Foods in Venice, California. Farmageddon takes the big-picture message of the award-winning documentary Food Inc. and brings it closer to home — into the lives of small farmers victimized by government raids.

Go read the full review and spread the word. It is only by making noise that the government’s going to pay attention and back off from these machinations.

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September 21, 2011

Second Go at Animal Disease Traceability Hits Bumps

Commentary — walterj 11:53 am

[Reprinted from Food Safety News with permission of Bill Marler.]

Second Go at Animal Disease Traceability Hits Bumps

BY DAN FLYNN | SEP 20, 2011

USDA’s Animal and Plant Health Inspection Service is experiencing a hailstorm of opposition to its new animal disease traceability system as the proposal reaches the halfway point in the comment period that ends November 9.

The replacement for the ill-fated National Animal Identification System, which was so unpopular with rural America that Congress cut its funding, was a late summer rollout by Secretary of Agriculture Tom Vilsack.

Vilsack touted four standard features of the new animal disease traceability program that he thought would make it acceptable to farmers and ranchers. The four features are:

- it applies only to animals moved interstate.

- it will be run by state and tribal governments

- it will use low-cost technology

- it be be implemented only through transparent federal regulations using full rule making

If most of more than 160 comments sent to APHIS to date are any indication, the new plan is roughly as unpopular as NAIS was. “What part of ‘NO’ is beyond your comprehension?” asks Laura Richardson of Deer Lodge, TN. “This latest salvo from USDA is NAIS all over again.”

Dale Allen Taggart, from Walking Cross Ranch at California, MO, said in written comments to the agency that the new rule will make an option mandatory.

“It is written to help meat packers and is an export enhancement tool for our products, not a rule to help disease control or prevention, because it hurts the producers,” Taggart said.

“Currently, we have to OPTION to source verify our beef. This OPTION cost me $4.00 per Electronic Identification (EID) tag to purchase,” Taggart continued. “If I hit the market with my beef, and the buyer has an order for source verified beef, I get an average of $9.00 to $10.00 per head extra. This helps me keep my production of quality beef continuing to happen. Now, the USDA wants to make the OPTION MANDATORY.”

Taggart says the new proposal is a “a giant perk for the packers and a great export enhancement tool.” But, Taggart says, farmers and ranchers will have to pay, again and again, to make it happen.

Also opposed is Patricia Garland Stewart with the Ashburnham, MA-based North Country Sustainability Center. “It will make more people keep animals without proper veterinary care, cost a lot of growth in local food, and undermine the very small businesses that will grow the strongest, most diverse economy,” she says.

Not everyone is against the new ID plan. “The Colorado Department of Agriculture endorses the proposed rule; we believe it will work in unison with programs we already have to protect Colorado’s food system and livestock in the event of a disease outbreak,” says Dr. Keith Roehr, state veterinarian.

Colorado Brand Commissioner Rick Wahlert says there has been some confusion about the role of branding in the new ID program. Brands are not official identification under the rule, but two states can use brands to move cattle interstate.

Brand states like Colorado do not need to change their practices under the rule, says the commissioner.

Even before the comment period ends, the Secretary’s Advisory Committee on Animal Health will hold a public meeting on Friday, September 23 from noon to 5 p.m. (EST) to consider and discuss various aspects of the recently published proposed rule on traceability for livestock moving interstate.

The committee will also consider and discuss USDA’s bovine tuberculosis program, including possible wildlife surveillance requirements, test-and-remove management plans and the issue of indemnity within the context of the new bovine tuberculosis/brucellosis framework that is being developed.

In addition, just as many an agricultural group raised money and members from their opposition to NAIS, the new program is also being targeted for organized opposition.

R-CALF USA, representing independent cattlemen, claims the purpose of the new rule is to provide “source-verification information to beef packers at no cost to the packers.”

USDA sees the animal disease traceability system as a method for quickly targeting the animals involved in a disease or outbreak, an action that would benefit everyone involved.

“The animal traceability rule is extremely complex,” commented Keith Lynn Aljets at the Parnell, IA-based Veterinary Medical Clinic. “Bovine speces are the most complicated animals to trace due to their lifespan and tendency to be transported across state lines while still at a proactive range. The new rule provides too many exceptions regarding the identification of the bovine species which will prove impossible to document and trade when needed.”

Aljets says USDA needs to look for ways to reduce record-keeping requirements.

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