Mention of CPSIA in Overlawyered Article re: Food Safety Bill

[Former_Member]

When I've spoken of the Food Safety bill to friends and especially relatives, they say "there's NO WAY that will become law". "Quit worrying so much." I always think, that's what everyone thought about CPSIA too and look what a mess that is.

This is a great article and mentions the same thing I have been thinking....which is...if our (or used to be our) government can implement a law like CPSIA that affects so many people in a horrible way...then of course they can pass a law that is just as unthinkable as this new Food Safety Bill.


http://overlawyered.com/2009/04/hr-875-food-safety-modernization-act-of-2009/

[Former_Member]

Thanks for the link, southernbeauty. It's a really good article. Perhaps we can all help out with this one, so it doesn't get passed and put another segment in the same position we're in.

[Former_Member]

Yes...it would be nice to help others so they won't go through what the children's segment is going through right now.

[artaltered]

http://www.huffingtonpost.com/2009/04/09/hr-875-myth-sows-terror-a_n_185230.html

Ryan Grim

Rep. Rosa DeLauro knew she had a problem when her colleagues began asking her on the House floor about her bill that was going to put small farmers out of business. Her own offices in Washington and back home in Connecticut are getting bombarded with calls from angry constituents demanding she stop her assault on backyard organic farms.

What, they want to know, does she have against organic heirloom tomatoes?

"It was substantial and it wasn't just my office," DeLauro tells the Huffington Post. "All of my colleagues -- I have colleagues who come up to me on both sides of the aisle and they say to me, 'Rosa, what's this about 875?'"

H.R. 875, the Food Safety Modernization Act of 2009, has become an Internet phenomenon, the subject of alarmist e-mails warning gardeners that Congress is plotting against their plots, that the vote is coming any day, and we must take action! The outraged constituents span the political spectrum.

The bill, it's argued, is being pushed quietly by big agribusiness, herbicide and pesticide behemoths such as Monsanto, who want to outlaw organic farming using backdoor food-safety rhetoric. The richest irony, for anyone who has followed DeLauro's career, is that she's as far from a friend of Monsanto as can be conjured.

The anti-875 movement latched onto DeLauro's definition of a "food production facility" as "any farm, ranch, orchard, vineyard, aquaculture facility, or confined animal-feeding operation." The bill makes such facilities subject to safety inspections, leading to fears that clipboard-wielding bureaucrats will soon be strolling through your lettuce patch.

"Didn't Stalin nationalize farming methods that enabled his administration to gain control over the food supply? " recalled one libertarian blogger at CampaignforLiberty.com. "Didn't Stalin use the food to control the people?"

Yeah, Stalin did. But DeLauro has no plans to collectivize agriculture in the United States. The opposite, actually.

"The intent of the bill is to focus on the large, industrial processes such as the peanut processing plant in Georgia that was responsible for the salmonella outbreak that killed nine people," she says. She emphasizes that the Constitution's commerce clause prevents the federal government from regulating commerce that doesn't cross state lines. DeLauro says she's open to making technical changes to the bill if any small farmers remain concerned that the bill is aimed at them.

Currently, 15 separate federal agencies are involved in regulating food safety and there is no system in place to get to the source of an outbreak once it happens. We still don't know what contaminated the tomatoes leading to a previous salmonella outbreak, one which was originally blamed on spinach -- to the great detriment of spinach growers. DeLauro's bill would put one agency in charge and try to organize the chaos that is the current system.

"This notion that we're destroying backyard farms is absurd. It's ludicrous," she says. "I chair the agriculture subcommittee of appropriations. Why would I be putting farmers out of business?"

DeLauro says she has been told that the disinformation campaign "was a libertarian operation somewhere in the country, but we're trying to figure it out."

In the meantime, she sent a letter to all of her colleagues explaining what the bill does and is planning a more public campaign to clear the air. She has marshaled organic farming organizations in her defense. Her homepage directs people to "get the facts on H.R. 875."

For a long time, DeLauro figured that the campaign was too absurd to take hold - similar to the assumption John Kerry made about charges he lied about his war record. The bill wasn't even new, she reasoned, having introduced the same thing the year before.

"I made an assumption, maybe it was the wrong assumption, my God," she says. "I guess it was naïve in a way." As the calls and questions from colleagues mounted, she decided she had to respond. "It was significant enough that I said to myself, 'Whoa, this is beyond anything I'd dreamed could catch on.'"

Watching a viral Internet campaign take shape can be a bizarre experience, she says. "You have a sense of who you are and what you're about. But that may be thinking too much about who you are and what you do. You have to explain to people; you have to tell them; you have to retell them."

http://delauro.house.gov/

[Former_Member]

Thanks for the link. While I don't trust the Huffington Post, I'll be looking around more for other sources to get a fuller view. While I know it's not aimed at backyard farms, I'm very nervous about the ever-growing cadre of regulation we have to deal with (and do we really need yet ANOTHER agency?).

[FayeMaloneDesigns]

Originally this was exactly what they said about all of us little people, the charities and thrift shops et al. We were worrying our pretty little heads, the CPSIA was only for the big mean importers. Everyone called their congress peeps and were told, don't worry, it's not about you. It's not about libraries, it's not about books, it's not about cottage industries, it's not about craft fairs. Guess what! THEY LIED! Why should any of us believe them now.

And sorry they left out a bit in the "description" in the HP. Just like they used verbage like all, and any in the CPSIA. The law is exactly what it says it is. Not about the big agribusinesses. It is in fact about all the small businesses. Look what the CPSIA has meant for us. The big businesses that caused this and the big box stores that import 99% from China are sailing along just fine on the law. It's the rest of us that are screwed!

And frankly, I wouldn't wrap my garbage in the HP.

[Former_Member]

artaltered, yep we were called extremists who were trying to scare everyone when we started to fight the CPSIA law also.

And guess what, we were correct in what it would really do and the politicians have been lying about it all along.

The Huffington Post is not known as a source for unbiased honest opinions.

[Former_Member]

So she crafted a bill with ridiculously vague wording that could mean pretty much anyone who grows food and sells it and THAN says it's oly for the Big Guys?

Yeah, we'll believe that one. Oh, look, flying pigs!

[Former_Member]

On Rep. DeLauro's website, there is a "myth vs. fact" link. Consumers Union is one of the groups who support this bill.

Now, I'll admit that I may have been reactionary at some points here with HR875. But I really want to know if this is something we NEED to have to ensure safety? Don't we already have the FDA? Can't that be beefed up rather than duplicated? (pardon the pun) Do we really need government to grow so much? I'm not trying to be argumentative, just want to know.

[artaltered]

I'm unclear how quotes from the Representative are suspect because the quotes are posted on HuffingtonPost?

???

That makes no sense.

There is also a link in the article to the Representative's website. How is that suspect? How can you not trust that. It's a direct link.

I think people really need to open their minds and take in all the information they can get their hands on and then make decisions for themselves.

Quotes are quotes.
Information is information.
Links are links.

Check it out, find alternate opinions and make up your own mind.

[Former_Member]

artaltered, I think you've misunderstood me. I get my information from a wide variety of sources because I do like to make up my own mind about issues.

I read the article, twice. I also went to the Representative's website, most notably to the "myth vs. fact" portion; I scanned portions of the bill, but my kids are still awake, so I can't delve into it right now.

You are correct when you say "quotes are quotes." But you forget to mention that people are often misquoted or selectively quoted. (This, by the way, is the exact reason why I try to get my information from a variety of sources.) Information is indeed information and can be skewed and spun pro or con. Frankly, a left-leaning website will be more generous to a Democratic representative (just as Rush Limbaugh will be kinder to a Republican representative). She will -- and should -- defend the bill she authored.

What I have the problem with is anything that grows the government. Creating a new agency, particularly one that on its face seems redundant, is not an effective use of resources in my opinion. My main fear, as well, is that the "progressive" groups that she cites as supporters include among them groups who support wholeheartedly the CPSIA. Their lack of open-mindedness and unwillingness to look at the detrimental effects of the CPSIA predispose me to suspect that they may behave in the same manner with HR875. (Actually, perhaps those groups should take your advice and find alternate opinions.)

*ready, aim, and fire at me*

[FayeMaloneDesigns]

Artaltered, You don't have a problem with any of this because CPSIA really doesn't affect you. You don't sell anything that would fall under the undo burdens that we are trying to survive under. So what is your real agenda? We have been working with this for months, don't waltz in here and proclaim that you are the authority about these asisine laws that we are subjected to. I'm sorry, this food law is EXACTLY how they shoved thru the CPSIA. I don't give a darn about the HP, and what they say, nor anyone they quote. We who have been in the trenches with this law know exactly what is going on with this.

[artaltered]

You don't know what I sell off Etsy.

Yes, CPSIA DOES IN FACT AFFECT ME.

Some of you have tunnel vision.

It's offensive.

[artaltered]

Etsy isn't the center of the selling universe.

Many of us have other businesses off Etsy.

Get a clue.

[Former_Member]

"DeLauro says she has been told that the disinformation campaign "was a libertarian operation somewhere in the country, but we're trying to figure it out.""

Oh, lordy. Libertarian disinformation campaign? Hah! Not any libertarian organization I'm involved with would do that. Way to pass the buck, DeLauro.

Are the foodsellers here aware that they, too, are under attack?

[meredithdillman]

I head the libertarian disinformation campaign part yesterday and thought it was funny :) I'm glad this woman is at least noticing that people aren't happy about this. They're so used to doing whatever they want without people noticing.

[Former_Member]

It just silly. The libertarian movement is fighting an uphill battle against the established two-party system. The only way to success is through complete and brutal honesty.

If we went on disinformation campaigns, we'd have lost before we even began. The whole point is establishing credibility.

[Former_Member]

FayeMaloneDesigns says:
Artaltered, You don't have a problem with any of this because CPSIA really doesn't affect you. You don't sell anything that would fall under the undo burdens that we are trying to survive under. So what is your real agenda? We have been working with this for months, don't waltz in here and proclaim that you are the authority about these asisine laws that we are subjected to. I'm sorry, this food law is EXACTLY how they shoved thru the CPSIA. I don't give a darn about the HP, and what they say, nor anyone they quote. We who have been in the trenches with this law know exactly what is going on with this.
*************************************

I don't think that this attack is really necessary.

Making broad assumptions about what people sell or how they are affected based upon what they have for sale on ETSY, is shortsighted at best and pretty ridiculous. I sell play silks, hand dyed kids shirts, and a few baby quilts made with my hand dyeds. You wouldn't know that from looking at my etsy shop. Making this kind of assumption makes about as much sense as me saying something stupid like "well you only have 2 items for sale in your shop so obviously you aren't making a living - what are YOU worried about?"

That would be pretty nasty wouldn't it.

Some of us have been involved since the CPSIA news first broke. (You can look way back in the forums for our participation). We have written the letters and done due diligence.

But because we aren't running in here joining the 9-12 club or whatever, or request that information be truthful and backed up with facts instead of rumor, motives are questioned and (wrong) assumptions are made about other sellers.

You'll have no way of knowing *what* someone's intentions are, who they are, or what they are also trying to do if your first response is to attack them based upon your own incorrect assumptions.

[Former_Member]

I don't think I even need to know what the legislation is anymore to reject it out of hand. Just one more convoluted piece of crap blown out a misrepresentative's rear end is enough for me to say "forget it, freaks!" Um, sorry for the mental picture. Ugly but accurate.

This is EXACTLY like the CPSIA. It couldn't be more like it if they were blown out at the same time by the same misguided politician.

When politicians say they care, run the other way.

[Former_Member]

FabricLeftovers says:
When politicians say they care, run the other way.
**********
"We're the government and we're here to help..." I read Rep. DeLauro's website and got information straight from the horse's mouth. I tried my best to be logical, thoughtful, and open-minded. But all I could think of was "grow government, CPSIA, Spendulous, etc. etc." Of course she will defend her bill (as the author should). She may not be aware that there is so much room for "unintended consequences."

Can't the government stop trying to save me?

[Former_Member]

When the best defense of a law is "Don't worry about what it actually SAYS, this law isn't intended for the little guys," that's a badly written, deeply flawed law.

Broad Regulation hurts the small producers the hardest, the fastest, and the most devastatingly, the little guy is EXACTLY who this law will affect first and foremost, regardless of what the wife of a Monsanto associate has to say about how that's not what she intends.

Her intentions with the law will evaporate with its passage. What will remain will be the law that actually gets passed, and the wording in that law.

[Former_Member]

DH - First, I love your blog! It's becoming one of my "go to" sites, for a laugh, cry, or just a bit of great writing.

And you are correct, worrying about the *intentions* rather than the actual wording is a big mistake. While I feel she should defend her work, that doesn't mean I like it or support it. However, it should have been more thoughtfully done. How often have we heard of the "unintended consequences" of the broadly-written, poorly-though-out CPSIA? DH, both you and I have made the point separately that if these consequences were so "unintended" then they should have been fixed tout de suite; we haven't had any such luck.

While I'm sure Rep. DeLauro had good intentions (trying to keep people from getting salmonella), I feel our country's food supply (as our clothing markets, toys, etc.) are incredibly safe. That doesn't mean we'll be at 100% all the time, and to strive for that utopia is a fool's errand. Because we have had recalls means that it is working; perhaps not as well as it should, but should that not be addressed by thoughtful consideration of the existing agency, its function, systems, defeciencies, then using measured legislation to *tweak* it? Perhaps that doesn't produce the same effect of our legislators *doing* someting; it's governing, not *acting*. (Perhaps I'm living in my own private utopia as well this morning...).

[GoblinsMarket]

AAARGH. We are in the process of buying a small farm in order to have our own organic milk and cheese for our daughter who is hypersensitive to chemicals and CAFO raised meat & dairy products - but will we be allowed to even feed her the food we grow ourselves? Who knows?

If America has to go to h*ll this way - it would be nice if 'they' would let us at least make our own handbasket and snacks for the ride.

[Former_Member]

GoblinsMarket says:
If America has to go to h*ll this way - it would be nice if 'they' would let us at least make our own handbasket and snacks for the ride.
************
Love it!!

On a serious note, I believe that, like the CPSIA, it will be fine to use the food you produce yourselves. You just won't be able to sell it. I still need to go through the bill line by line (argh...) but I think that's the gyst.

[Former_Member]

If the bill's "intentions" are not to affect the smaller agribusinesses, organic farmers, etc., then the bill should be changed to exactly say that.

Definitions should be inserted to say in no uncertain terms what & how the bill (law when enacted) applies to whatever the author(s) "intend." There should not be any ambiguity or over-broadness to be later misinterpreted. If the law is passed without this kind of definition, then the law absolutely is intended to foster broad consequences on all businesses, especially the small ones....no matter what anyone says about it.

I hope the opposition is watching and taking notes. Between the CPSIA and this law, there is much ammunition to work with for the next congressional elections next year. I'm certainly taking notes, and plan to support the opponents of the idiots who refuse to acknowledge the flaws of both the CPSIA and this bill.