Senate Judiciary Committee Amended S 3767, Not out of the woods yet

By Dr Rima Laibow
Natural Solutions Foundation

While a good start, the “serious” harm amendment (HEN10891) added to S 3767, the Food Safety Accountability Act, by the Judiciary Committee on September 23rd is not sufficient to protect food distributors from bureaucratic and criminal harassment.

Latest from the Beltway:  Reacting to Your PUSH BACK, the Senate Judiciary Committee Amended S. 3767! Now it’s time to demand the Food Freedom Amendment! Push Back Continues!



Don’t Rush S. 3767 to the Senate Floor – adopt the Food Freedom Amendment Instead!

Stop S.510!

Thank Senator Coburn for Keeping a “Hold” on S.510!

The Senate Judiciary Committee Considered S.3767 In Its Executive Business Meeting yesterday… and amended it!

The Devil, they say, is in the details.  Yesterday’s Judiciary Committee details are a partial win for us. Not enough to declare victory, you understand, but enough for us to see clearly that the pounding we are delivering to the Senate is noted, and having an impact. Conclusion? KEEP POUNDING!

Senator Leahy is a powerful man. S. 3767 is his bill. He is the Chairman of the Committee that is considering it. He would have no need to amend it under normal circumstances.

You, the Health Freedom NetRoots, the Mouse Warriors, have made sure that these are absolutely not normal circumstances. In just 24 hours, 43,475 emails have been sent saying STOP! DO NOT CRIMINALIZE THE DISTRIBUTION OF FOOD! So the amendment is a powerful signal that Sen. Leahy and his Agribiz cohorts had no choice but to look for a way to make the bill less bizarre and unpalatable.

While Senator Leahy continues to push his dangerous and unnecessary bill through the Judiciary Committee (um, we thought that it was already illegal to use interstate commerce to knowingly spread dangerous substances…), the Senate leadership had to acknowledge wide-spread public opposition to criminalizing food (and supplement) distribution. Leahy’s substitute amendment adds the following words to the definition of the crime:

“…and with conscious or reckless disregard of a risk of death or serious bodily injury…”

Thus, a bill which would have criminalized any distribution of food where FDA, FTC or other govt agency later decided some rule, regulation, guideline or standard had not been met to the satisfaction of the bureaucracy (recalling that S. 510 allows secret regulations which could later have been said to have been violated), the added language at least references more traditional standards of criminal liability. While this is a partial victory for the forces of Food and Health Freedom, we must redouble our efforts and defeat S.3767 and S.510 just as we defeated Senator McCain’s ill conceived and ill-fated S.3002… through massive Push Back!

OK. So What Do We Want?

Maybe, if Congress wants to criminalize distributing things that are harmful to the public… maybe, just maybe, it should criminalize “knowingly” introducing dangerous drugs (including vaccines) into commerce, like Vioxx, Avandia, Flu Vaccines, Bextra, for a very few examples. But, then, there might be a lot of drug company executives and maybe even some FDA officials who would face criminal charges… Certainly, we need to continue to oppose S.3767, Sen. Leahy’s bill that could criminalize commercial speech about food (or at least food distributed in interstate commerce), whenever FDA or FTC decides subsequently that the claims about the food were not substantiated to the liking of some bureaucrat.

The “serious” harm amendment (HEN10891) added by the Judiciary Committee on September 23, 2010 is not sufficient to protect food distributors from bureaucratic and criminal harassment. We the People need protection against over-zealous regulators who will destroy small producers while big companies can afford the legal talent needed to escape penalties.

Instead, our communities need to be protected by law from Federal Government interference in local and natural food production and distribution. We need a Food Freedom Amendment, such as we proposed last year when the House was considering its version of S.510 and which we have continued to urge:

Food Freedom Amendment

“No provision of Federal Law giving regulatory oversight to any Federal department or agency shall be deemed to apply (a) to any home, home-business, homestead, home or community gardens, small farm, organic or natural agricultural activity, (b) to any family farm or ranch, or (c) to any natural or organic food product, including dietary supplements, as protected under the Dietary Supplement Health and Education Act of 1994.”

Food Freedom is part of Health Freedom, and an essential part of the Liberty that all free people have a right to expect. Legislators have a responsibility to protect that freedom from the bureaucracy they foist on us. Local oversight of local food production would be far superior to big govt poking into all our local activities. Reducing central govt power would enhance the overall health of our society.

S.3767 Coupled with S.510 Could Reach the Senate Floor For a Vote Early Next Week!

One other bright note: we knew that the possibility existed that because Sen. Dr. Tom Coburn has blocked the easy passage of S. 510, its language could be inserted into S. 3767 as an end run around Sen. Coburn’s hold. Again, because of our continued opposition and vigorous activism, that did not happen.


Continue to take action NOW and mobilize your contacts… NOW!

What else can you do? Join Our 510/3767 Club NOW!


Special Treat, But Don’t Eat!

Health Ranger Mike Adams Launches “Food Investigations” with Pharmaburger.

And join us for the Dr. Rima Reports: Every Sunday 10 AM to 1 PM Eastern Time

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Guest This Sunday Will be:

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Sunday, 10 AM to 1 PM Eastern

September 26, 2010: John A. Corbett To Save The Future, Save Our Soil

October 3, 2010: Paul G. King, PhD Dead Babies and Flu Vaccines Part I

October 10, 2010: Eileen Dannemann, Dead Babies and Flu Vaccines Part II

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5 responses to “Senate Judiciary Committee Amended S 3767, Not out of the woods yet

  1. Thinking
    Here we go again the FDA proving that it cannot be trusted to protect the people of this country. If they protected us the way they protect big business we would not see the health disaster we are in today.

    U.S. Senate bill 3767 is trying to criminalize telling the truth about dietary supplements, putting vitamin makers in jail for up to ten years if they link their websites to scientific studies about their products, from Mike Adams the Health Ranger. How absolutely nonsensical, affirming that the FDA has got its priorities all turned around. Exactly 11 people died in the last 25 years related to taking a vitamin supplement or herb out of the billions of supplements and herbs taken every month. This is from the Poison Control Center USA via Orthomolecular Medical News.

    We obviously need new management in the FDA if they are going to waste their time on this kind of power grabbing nonsense. They are absolutely terrified that the American public will learn the truth about how to stay healthy and avoid taking their dangerous drugs that kill thousands every month. Dr. Paul Blake, N.D.

    • or maybe just toss the FDA… or let the FDA and USDA only oversee standards for international trade — but let trade within the US, within and between states, be handled by the states.

      FDA and USDA only care about big biz anyway… the ones who said it was okay to feed dead cows to cows, thank you for BSE. They have no interest in protecting human health; they’re all about protecting profits. So, I say, get rid of ’em.

  2. Pingback: Assaults on Food and the Internet (Leahy, Food Bill, Copyright) « Volatility

  3. You are doing a great job with this site.

    I reprinted most of your work here on the Plant Your Dream Blog. I would like to have you as a friend on Facebook, and make personal contact.

    Here is a Blog I wrote yesterday that I had in mind for the Huffiington Post.

    Best regards and stay in touch.
    Beet Keepers, Return!
    Leslie Goldman
    Your Enchanted Gardener

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