FDA claims power to seize food without evidence of contamination

By Rady Ananda

A few hours ago, the Food and Drug Administration declared it no longer needs credible evidence to seize food that may be contaminated. Ignoring the Fourth Amendment entirely, the FDA claims that based on mere suspicion that a food product has been contaminated or mislabeled, and that serious illness or death will result, it can hold the food for 30 days while it then looks for evidence. It claims this power under the Food Safety Modernization Act, which President Monsanto, I mean, Obama, signed in January.

On May 4th, the FDA stated:

“Previously, the FDA’s ability to detain food products applied only when the agency had credible evidence that a food product presented was contaminated or mislabeled in a way that presented a threat of serious adverse health consequences or death to humans or animals.

“Beginning July, the FDA will be able to detain food products that it has reason to believe are adulterated or misbranded for up to 30 days, if needed, to ensure they are kept out of the marketplace. The products will be kept out of the marketplace while the agency determines whether an enforcement action such as seizure or federal injunction against distribution of the product in commerce, is necessary.”

Credible evidence no longer applies, it seems.

The Fourth Amendment states:

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

FDA thinks it can engage in search and seizure willy nilly. They’ve already been doing this, of course — but only at natural food facilities. Factory farms like Jack DeCoster’s Wright County Eggs can sicken thousands of people over a period of years, without ever being shut down or having its product seized or destroyed. But, if you raise natural foods without pasteurizing them or adulterating them with drugs and genetically modified ingredients, even though no one becomes ill from your product, then be assured, the FDA will seize your products, your computers, your paperwork, and shut you down.

Most recently, the FDA shut down Pennsylvania farmer Dan Algyer, though no one became ill from his natural milk.  Morningland Cheese and Estrella Family Creamery are but two more in a long line of victims of the corporate war on natural food, though their products sickened no one. And most of the nation knows of the armed raid on Rawesome Foods last year. (Also see David Gumpert’s book, The Raw Milk Revolution: Behind America’s Emerging Battle Over Food Rights.)

In the May 2011 edition of the Minneapolis St. Paul Magazine (hat tip FTCLDF), Greg Breining summarizes the issues in MILK vs milk: Do consumers have the right to choose? Well, of course we do. Food freedom is as inalienable as the right to breathe. The freedom to eat the food with which humans evolved is requisite to our survival as individuals and as a species.  Thomas Jefferson agrees:

“Was the government to prescribe to us our medicine and diet, our bodies would be in such keeping as our souls are now.”

That’s often paraphrased as: “If people let the government decide what foods they eat and what medicines they take, their bodies will soon be in as sorry a state as are the souls of those who live under tyranny.”

Another rule announced by the FDA requires importers to declare if any nation refused their food or feed product for any reason, and to give the reason.  Both rules go into effect July 3, 2011.

Read the new FDA rules here.

36 responses to “FDA claims power to seize food without evidence of contamination

  1. Well and certainly they do have the power to do that… they have the guns and the inclination.

    All across the world, people have been making plans that no longer include oligarchy, war, famine, pestilence, lack, need, bla bla bla bla bla. Good to see that happening now right here in the belly of the beast.

    Chaos backfired… only made people face their fears and decide there are fates worse than death. Now they need to intimidate and kill us en masse in order to bring our pops down to a manageable number… this too will fail. Soldiers will begin to lose the taste for blood and vengeance… police and “judges” will see the error of their ways, politicians will find their morality and backbones… and it will happen very, very fast.

    Peace, love, truth and mercy… passin’ it on, like you Rady.

  2. Soon we will have to go to the Black Market to get supplements and real food. My question is when is the FDA finally going to come out of the closet and start wearing the goose stepping boots and the crooked cross arm bands. Doc Blake

  3. What are lawyers doing in response to these moves?

  4. I welcome it all… bring it on to end it. I would hate to have this crap drag on another year, let alone for a decade or more.
    Also, consider how much is utter b.s. Does anyone really believe the royal necro fest had 2 billion viewers… really? Two out of every three people you know were enthralled by this event… did you experience that, because out of hundreds of people i encountered, maybe 5 total were vapid enough to think it was noteworthy.
    The Japan radiation thing is bogus, the gulf oil devastation is theater and false. Frankly, i now doubt that warnings to not eat the fish caught in rivers, and tuna fish due to mercury are true… i’ve not seen any fish, living or otherwise that look less than bursting in good health.
    Granted, food, air and water poisoning is all very real, but we are not dealing with some omnipotent beings here… just some long range planning imbreeds and imbiciles. They produce nothing of value, never will… they need us for that, and that is their un-doing.

  5. OK, let me get this strait, the FDA is going after food that is contaminated or mislabeled, REALLY. So why aren’t they going after all the “mislabeled” (no labeling at all) GMO products that are currently on the market that are contaminated, making people sick and yes causing death as well. Wait, WAIT I know, I know could it be the revolving door policy between the FDA and the sweet people over at Monsanto, The same people who brought us agent orange, aspartame, ddt, pcb’s and now control almost all plant life on earth through patenting.
    My plan is simple, We hold a banquet at the White house, all the people from Monsanto, FDA, President, Lobbyist, Congress etc. everyone who thinks all this is so good, All the food will be GMO food, Yum, Yum But you know those pesky trees at the White house better aerial spray them with some agent orange first, spray some ddt all around to kill anything that wasn’t wiped out from the agent orange, bring some pcb oil for a little massage, after eating all that delicious GMO food, After dinner cocktails include rGBH milk with some aspartame to sweeten it up some.
    Hell if it’s good for us, it’s good for them

  6. grandpappymike

    I believe this may have been mentioned previously on this site about one of the grievances in the Declaration of Independence.
    “He has erected a multitude of new offices, and sent hither swarms of officers to harass our people, and eat out their substance.”

    Perhaps also appropriate at this this time may be Franklin and Jefferson’s suggestion for the motto on the Great Seal.
    “Rebellion to Tyrants is Obedience to God”

  7. I didn’t have time to read it; but, the only ones contaminating our food supply is BIG AGRI! It’s very easy to see we’re in the “end times”, unless one is totally blind!

  8. So, how does one go about overthrowing the FDA? They are seriously bad news. I wrote them a letter about the Dan Algyer/raw milk case – I just couldn’t believe it. Who keeps on eye on them to make sure they’re not contaminating evidence in their favor?

    Re: Tim Smith – LOVE the idea of a banquet at the White House! As long as we’re paying the bills, they’ll be none the wiser.

    Re: grandpappymike – YES! “Rebellion to Tyrants is Obedience to God.” I was just talking with my husband the other day about how much is too much, are we really this beholden to the skewed laws of our government?

  9. I got it. In the thirty day quarantine, they will find toxins such as fulsome folic acid; vicious vitamin K; cruel carotene; bombastic B’s: 1 to 12, and other evil agents. By then, the produce will be worth no more than compost. However, do not be surprised the FDA will salt the evidence against us.
    Don’t depend on compassion from the food federalists, for the more they do evil, they will be more addicted to it. When they enter your house to collect more ‘evidence’, they WILL confiscate our computer(s), our canned and preserved products, clean out our freezers, and site us as ‘food hoarders’. If we cannot afford to pay the fines, they will levee your bank accounts and place a lien on your property. All this for growing lettuce and tomatoes?

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