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What's in the News

Food- a God Given Right?

Published August 12th, 2011 in What's in the News

by Tammera J. Karr, PhD

I’ve tried folks – I really have to give you a break from the insanity of government regulations pertaining to health freedom. But time is of the essence and many wars have been lost from failure to recognize the importance of a given battle.

CODEX comes into full effect January 1, 2012, with this we are only going to see more attempts from political persons, multinational corporations and government regulatory agencies to pass legislation and policies in direct violation of our constitutional rights, not to mention our God given rights.  Why is it so important we win this battle over all the others? Every country and government from the dawn of time has known “who controls the water, food and land” has control of the populace.  With the current trend of multinational corporations, many of which are majority owned by countries like China and India, the implementation of CODEX, not only are we facing the demise of our countries economic health, we will see the collapse of the populaces as well.

Time and time I have mentioned quality nutrition leads to vibrant health and minds, this nutrition can’t be obtained through bags, boxes, bottles and cans. It must be obtained through wholesome natural foods, eaten fresh, with the inclusion of quality nutraceuticals. If we allow the Durbin bill and the FDA regulations to pass, we will see the loss of hundreds of American owned nutraceutical companies, natural health providers and freedom to buy and grow the food we want.

Am I being a reactionary? Have I spent too much time listening to my editors at the Beacon? Have I simply gone off my rocker? Before you pass judgment take a look at the following information, check it out yourself by all means don’t take my word on it. But whatever you do DON’T Just give in.

On Aug 4, 2011, a small food coop in LA county California was raided by law enforcement, and FDA agents with “Guns Drawn”. Over $70,000 of privately owned food was confiscated and 800 gallons of raw milk destroyed.  The manager of the food coop was removed from the premises in hand cuffs without the reading of his rights. This food was all privately owned by the coop members and you must be a member in order to get your food.

Combine this information with what the FDA public position is (posted on the “Farm to Consumer – Legal Defense Fund” website)  it doesn’t take an Einstein to see we are in a world of hurt.

Bye-bye, Constitutional Rights

On April 26, 2011, the United States Food and Drug Administration (FDA) submitted its response to a lawsuit filed earlier this year by the Farm-to-Consumer Legal Defense Fund (FTCLDF).  The FTCLDF lawsuit claims that the federal regulations (21 CFR 1240.61 and 21 CFR 131.110) banning raw milk for human consumption in interstate commerce are unconstitutional and outside of FDA’s statutory authority as applied to FTCLDF’s members and the named individual plaintiffs in the suit.  In its answer to the complaint, FDA made its position on the issue of ‘freedom of food choice’ a part of the public record.

The agency has long opposed ‘freedom of food choice’ but its response to the FTCLDF complaint represents FDA’s strongest public statement yet on the freedom to obtain and consume the foods of one’s choice.

FDA’s Views on Freedom of Food Choice

  • “Plaintiffs’ assertion of a new ‘fundamental right’ to produce, obtain, and consume unpasteurized milk lacks any support in law.” [p. 4]
  • “It is within HHS’s authority . . . to institute an intrastate ban [on unpasteurized milk] as well.” [p. 6]
  • “Plaintiffs’ assertion of a new ‘fundamental right’ under substantive due process to produce, obtain, and consume unpasteurized milk lacks any support in law.” [p.17]
  • “There is no absolute right to consume or feed children any particular food.” [p. 25]
  • “There is no ‘deeply rooted’ historical tradition of unfettered access to foods of all kinds.” [p. 26]
  • “Plaintiffs’ assertion of a ‘fundamental right to their own bodily and physical health, which includes what foods they do and do not choose to consume for themselves and their families’ is similarly unavailing because plaintiffs do not have a fundamental right to obtain any food they wish.” [p. 26]
  • FDA’s brief goes on to state “even if such a right did exist, it would not render FDA’s regulations unconstitutional because prohibiting the interstate sale and distribution of unpasteurized milk promotes bodily and physical health.” [p. 27]
  • “There is no fundamental right to freedom of contract.” [p. 27]

The Fight for Food Freedom
Growing numbers of people in this country are obtaining the foods of their choice through private arrangements.  The FDA’s position is – the agency can interfere with these agreements because, in the FDA’s view, there is no fundamental right to enter into a private contract to obtain the foods of choice from the source of choice.

Are we seeing red yet?

As for the agency’s contention that there is no fundamental right to obtain any food, including raw milk, here is what the ‘substantive due process’ clause of the Fifth Amendment to the United States Constitution provides:  no person shall “be deprived of life, liberty, or property, without due process of law.”  Obtaining the foods of your choice is so basic to life, liberty and property that it is inconceivable that the ‘right of food choice’ would not be protected under the Constitution but the FDA is saying “No”.” {information taken from the FTCLDF website.}

It is time to cut the strings and step out of the puppet parade folks, we have countless laws on the books, and executive orders that were intended to be temporary, not everlasting strangle holds on freedom.  I know my Scots/Irish blood is up, the same blood of my ancestors that has fought, bled and won Americas freedom – To pens and keyboards the battle must be won before 2012!

To Your Good Health and Food Freedom.