Tuesday, September 14, 2010

S.510 Companion Bill (S.3767) to Reintroduce Criminal Penalties

Yesterday, in the waning days of the 111th Congress, as We the People prepare to throw the rascals out, Big Agra Biz' friends in Congress have taken the unusual late-session step of introducing a criminal penalty bill.

The bill reintroduces a 10 year jail term for anyone who sells what the govt later decides was "adulterated" or "misbranded" food, a provision which had been removed from the House-passed (sic) "Food Safety" version last year (HR.1279). Yes, Dietary Supplements would be covered under this provision. The political insiders plan, our contacts tell us, to add S.3767 to S.510 so the penalties can be in the final bill approved by the House/Senate conference committee, if We the People allow S.510 to pass the US Senate!

In the nutrient industry the old procedure was that FDA would send a warning letter telling a company its claims were illegal and the company would either change its claims or defend them... if this bill passes FDA can simply start by bringing criminal charges any time it determines that a claim is not allowed, since that would make the product "misbranded."

Here is what the bill actually says:

"S.3767 -- Food Safety Accountability Act of 2010 (Introduced in Senate - IS)
111th CONGRESS - 2d Session

To establish appropriate criminal penalties for certain knowing violations relating to food that is misbranded or adulterated.

IN THE SENATE OF THE UNITED STATES

September 13, 2010

Mr. LEAHY (for himself, Ms. KLOBUCHAR, and Mr. FRANKEN) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To establish appropriate criminal penalties for certain knowing violations relating to food that is misbranded or adulterated.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Food Safety Accountability Act of 2010'.

SEC. 2. CRIMINAL PENALTIES.

(a) In General- Chapter 47 of title 18, United States Code, is amended by adding at the end the following:

`Sec. 1041. Misbranded and adulterated food

`(a) In General- It shall be unlawful for any person to knowingly--

`(1) introduce or deliver for introduction into interstate commerce any food that is adulterated or misbranded; or

`(2) adulterate or misbrand any food in interstate commerce.

`(b) Penalty- Any person who violates subsection (a) shall be fined under this title, imprisoned for not more than 10 years, or both.'.

(b) Technical and Conforming Amendment- The table of sections for chapter 47 of title 18, United States Code, is amended by adding at the end the following:

`1041. Misbranded and adulterated food.'."

To stop this bill from being amended into S.510, and to keep S.510 on hold, go here: The Empire Strikes Back: President Supports Forced Industrialization of Food http://www.healthfreedomusa.org/?p=6611

31 comments:

Friederike said...

what is Misbranded and adulterated food?

Anonymous said...

Ralph, there is certainly no doubt that we are in a fierce fight against people who want us dead! I am SOOOO depressed even while I keep fighting! I just read where the USDA gave the middle finger to a CA judge and STILL went ahead and let MONSANTO plant their GMO sugar beets, even though the court had ordered an environmental study be done first!

I started crying at the seeming futility of it all. He who has the gold....... and it's not us.
Thanks for your tireless work! BJ

Anonymous said...

Why is this a bad thing? How will it affect organic farmers?

Vitamin Lawyer Health Freedom Blog said...

"Friederike said... what is Misbranded and adulterated food?"

Good question... I added a paragraph a bit about that; in the past, if FDA thought a claim was illegal, it would issue a warning and the company would change or defend...

If this bill passes, any claim the FDA doesn't like could be a criminal offense.

A product can be misbranded if it is advertised with what govt believes is false information.

A product can be adulterated if it contains an ingredient disallowed by govt.

Anonymous said...

OVER-REACHING is what Big Brother does best! Why cannot the PEOPLE have a say-so or vote in these obviously COMMUNIST actions taken by the FDA (Fraud & Death Admin.), WTO, WHO, the U.N., etc? WHY is everything so CRIMINAL and unconstitutional anymore?

One has to 'read between the lines' to decipher the REAL intent of these Bills. And lately, new Legislation ISNT in the people's best interest! THEY HATE US AND WANT DEPOPULATION TO MOVE TOWARD THEIR NEW WORLD ORDER! But theres too many of us standing in their way- MANY of us ARMED! Like I have been hearing a WHOLE lot about lately of...the "Great Culling" is NEAR!! And its BIBLICAL!

I am just wondering HOW they will do it....Codex Alimentarius....mandatory vaccines...biochemical...GMO foods...FEMA camps...chem- trails...Agenda 21...mystery chemicals in water...


And JUST WHO is going to be in charge of checking to see if we're illegally growing personal, organic gardens for dire nutrition? Supplements & herbs, etc will have gone UNDERGROUND on the Black Market... so we will have no CHOICE but to eat healthier with gardens! But that's most likely the evil Elite's very PLAN! When you put it all together, it 'aint pretty.' Everything that's happening (and at the rapid rate) is related. Just look around you!

Maia said...

Misbranded: It doesn't necessarily mean that the labeling is inaccurate and doesn't have truthful claims. Truth in labeling has been suppressed for the last few years by the FDA (ex: the claims that cherries are good for your health (and they are) almost got them taken off the market). This will be decided along the lines of politics and who can pay the most.

Adulterated: It doesn't necessarily mean that the food isn't a pure and heathy food. The FDA is allowing food to be altered to the point of either worthlessness or being hazardous to one's health (ex: irradiation of almonds and vegetables and GMOs). This too will be decided on politics and who can pay the most.

Such may be the way the laws may (we believe will) be interpreted.

Anonymous said...

Is there a list of all ingredients that are "disallowed" by the govt?

Anonymous said...

"A product can be misbranded if it is advertised with what govt believes is false information.

A product can be adulterated if it contains an ingredient disallowed by govt."

How do you know the above to be true? Is this based on your opinion on what 'misbranded/adulterated' means or is this clearly defined elsewhere?

Thanks.

Vitamin Lawyer Health Freedom Blog said...

Anonymous, my opinion expressed in the posting is based on the 36 years I practiced law representing people before the FDA. FDA takes the position that "labeling" includes advertising claims. Thus, typically, when FDA issues a warning letter regarding a claim the letter indicates that the produce is thereby misbranded. Among the ways a product can be adulterated is to contain an ingredient not allowed for that category of product. Thus, once ephedra, for example, was outlawed, products that contained it were adulterated.

Anonymous said...

It's a play on words. They are saying just enough in the bill so that it suggests to the masses that the government is looking out for their (the peoples') best interests. People out of denial and fear tend to buy this and the doubt that it casts is enough to turn them away to the point of not getting involved.

On the other hand the few of us who understand how the FDA works are terrified and we see all sorts of red flags! The simple fact is that the 1st amendment does not apply to the vitamins/nutrition industry. For years the FDA has been forcing vitamin companies to limit what they can and cannot say even if it is the truth. In fact ESPECIALLY if it's the truth. Even if the vitamin you are selling cures a disease you are not allowed to tell the customer/patient. In fact that seems to be the main purpose of the FDA to keep people from knowing which vitamins they need to cure whatever disease they have.

It looks as though the FDA has been in bed with big pharma for a long time. I heard that for every politician in Washington there are five corporate lobbyists. Regardless it's obvious that they have been working full time. We cannot just keep knocking down their threatening bills every week. Eventually we will get tired and more frustrated. We need to fix the infection from the root otherwise they will keep coming back and our fate will be inevitable!

Ian MacLeod said...

You might also recall Cheerios ceral being advertised as "heart healthy," and claiming that one bowl a day lowered cholesterol X number of points. Big Pharma, I understand, complained, and Kelloggs or Quaker or whoever (both are owned by ConAgra) was told to remove the medical claims or the ceral would be declared medicine and could only be sold by prescription. I don't recall what happened after that as my wife was terminally ill at the time and I was preoccupied.

This will enable the corporate-run government to shut down organic and other small family farms by requiring equipment and "safety measures" that giant factory farms already have or can afford with ease - like multimillion dollar seed sorter and counter and so on. Parts I understand - still checking this out - could be interpreted so stringently as to forbid so much as a backyard garden, trading homegrown foods areound or even owning them. Big Agribiz wants their monopoly.

Ian

David A. Laibow said...

I'm Dave Laibow, Dr. Rima's older brother, and my last email to her said, "You go, girl!" My advice to you is simple: whatever you don't like about the way the U.S. is headed is going to get a lot worse. I suspect that Monsanto has more influence with the Republicans than with the Democrats, and if the GOP takes over the House and/or the Senate in January, you'll be overwhelmed with what you don't like. I suggest that you transfer your assets, yourself, and your citizenship to some other country of your choice, and do that ASAP!

Ian MacLeod said...

Pleased to "meet" you, Dr. Laibow! Clearly, intellect and a social conscience run in the family. I've seen the necessity for those actions coming for some time now, but there are a LOT of people like me - disabled, limited mobility and almost zero assets (I'm a chronic pain patient, Vietnam Era vet and disabled) - that make such a relocation about possible as a ticket to tour the moon. When you can't run, and I can barely walk, you're left with 'stand and fight,' win or lose. I do what I can, and then like an old wolf, I expect I'll keep winning every fight but one.

Ian

Private Gripweed said...

With all due respect to David and Dr. Laibow. I can understanding wanting to change your citizenship as things are getting crazy. But what would have happened if Col. Travis at the completely surrounded Alamo drew the infamous line in the sand and his whole crew of defenders turned tail and ran?

I choose to stay on this side of the line right here in America and to stay and fight tyranny with my last free breath. Who's with me?

Anonymous said...

Wake up people, I don't want my
vitamins or any supplements taken
away from me. Please dump S510 and
don't let S3767 beadded to any bill. I don't want GMO's in my food
either. And i certainly don't want
the FDA screwing with these items
like they are doing. WE are not a
bunch of people to be experamented on.

Anonymous said...

Senator Leahy, monster virus for the New World Order in liberal sheep's clothing. The man who worked to prevent impeachment of Bush/Cheney from impeachment through his sway over Democrats in Vermont legislature.

Leahy had better support the official lies of 9/11, as that is what the Anthrax letters were about...go along or die.

Do not vote for warmonger fascist Leahy.

Anonymous said...

Perhaps, if this bill passes, we can use it against those giving us poison food like Monsanto.

Anonymous said...

This is nothing new. The corporate and government deals. Why do you think they kicked laetrille and vitamin B17 out of the country? The corps couldn't keep milking the cash cow if cancer could be curtailed by nutrition and healthy living. Read the book "World without Cancer." Part 2 will shock you. It's all about money and politics. Find it here: http://www.realityzone.com/worwitcan.html
The FDA & USDA definately don't want to accurately label the GMO fish from AquaBounty. Even though there have been some studies that show strange mutations (hair growing on tongues)in animals who consume GMO foods. And even sterilization after a few generations. Hmmm, population control? Yes, boys and girls, it is all about money and controlling the population. All we can do is keep fighting and try to help more people become aware. Don't worry, they won't kill us all. They need slaves/customers.

Anonymous said...

"Perhaps, if this bill passes, we can use it against those giving us poison food like Monsanto."

Not likely. These many bills being created are not seperate, but an organized effort to bring about population control. If the power to bring companies up on charges rests with the FDA, then charges will not be brought against groups that feed us actual poison, just against the ones in violation of Codex or other food guides.

Susan said...

Are you serious? When did you ever see a big food business go lout of business? No matter how many bad food epidemics. No one wants to get that this unhealthy food and giant farms are the problem.

They should already be out of business given that they've adulterated our food with GMO's, chemicals and pesticides. How many successful lawsuits of this kind have we seen?

No, it will be used to eliminate "good food and nutrients." Healthy, clean and raw milk are on the Health and Human Services front page as things targeted. My raw coop was raided by the FDA and Homeland Security goons. Can anyone say "police State?"

The intent is to suppress natural products and leave us with GMO's and other adulterated food manufactured by Big Agra

Cam you say "double-speak? We are through the looking glass, folks. Natural is suspect and GMO is the standard of health, progress, etc. If it's created by technology, it must be better.

When I'm a criminal because I insist on good food, it's time to leave the country and fight things back home in the way Health Freedom is doing.

Anonymous said...

Folks, this is all a part of the implementation to Agenda 21 (see YOUTUBE). From what I understand, the NWO (New World Order) that is being created by the money and power elite (see Bilderberg Summit)feel as though there are to many people on this planet. The plan, from what I understand is to systematically eradicate huge portions of the global population(including U.S. citizens). One way to do that is produce foods with no nutritional value. The result would be starvation, and a host of physical problems that arise from malnutrition. If the FDA(who CANNOT be trusted,(look at Dr.Royal Raymond Rife-Radio Wave Treatment)) well make it so that over-the-counter vitamins and supplements won't be available w/o a prescription. Not only is that putting more money in the pockets of Big Phar. (the same people who attend the Bilderberg Summit), we get to slowly starve, but not before experiencing the physical symptoms of malnutrition. Nice huh?

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Anonymous said...

"To establish appropriate criminal penalties for certain knowing violations relating to food that is misbranded or adulterated."

Well if this was the law, couldn't we put Monsanto and all the rest of the food fascists out of business?

Vitamin Lawyer Health Freedom Blog said...

Anonymous said: "Well if this was the law, couldn't we put ... the food fascists out of business?"

Nice thought. I like the idea of using the oppressor's laws against oppression, but the law if very unlikely to be used that way!

The latest on the Lame Duck Congress, S.510 and its evil siblings -

FOOD FREEDOM TALKING POINTS: NO! to Food Fascism:

http://www.healthfreedomusa.org/?p=6910

Ian MacLeod said...

Excellent - I was just going to post those talking points! The man in the FDA in charge of this is a "former" Monsanto lobbyist - and no doubt will be again. Also, the FDA gets a lot of its "budget" from the companies it's supposed to regulate. It isn't going to cut its own income. It also no longer has its own labs. The FDA is almost openly just another arm of the corporations that are also running the rest of the government. We the People have no say whatsoever. Not unless we say in overwhelming numbers!

A great many of Bush-era appointed Federal judges are enablers for the corporate agenda, set by "elites" who intend to push, along with their government stooges, for depopulation. The idea is a) poisoning by chem-trails, b)killing off non-GMO food plants not engineered to tolerate altered (by aluminum in chem-trails) soil pH, c)viruses sprayed on food to kill listeria bacteria that will then kill intestinal bacteria we need, d) irradiation that destroys most of the nutrition in foods by breaking protein chains, d)feeding us GMO foods that cause multiple organ and system damage (including sterility), e)making nutrient supplements unavailable, f)causing the majority of the populace to suffer from the diseases of malnutrition (which includes many cancers) which will be MIS-treated with Big Pharma's poisons that don't work and drain any insurance you have. The list is even longer than this, and NONE of these laws will be applied to Monsanto or any other Big Ag, Big Pharma or Big Medica businesses. They were WRITTEN by the industry's reps!

If WE WAKE UP, REACT and DEMAND that our government actually represent us in this or lose their jobs, well, the sickness and dying have already begun. 90% of corn and soy in the US are GMO, and NONE OF IT is labeled. ALL meats not labeled organic and as NOT containing antibiotics, hormones or other such substances (almost all of it) contains things like ractopamine (another Monsanto poison) and other things no one should be eating. This is a fight to the death - ours if we don't get on it in numbers!

Ian MacLeod said...

Excellent - I was just going to post those talking points! The man in the FDA in charge of this is a "former" Monsanto lobbyist - and no doubt will be again. Also, the FDA gets a lot of its "budget" from the companies it's supposed to regulate. It isn't going to cut its own income. It also no longer has its own labs. The FDA is almost openly another arm of the corporations that also run the rest of the government. We the People have no say whatsoever. Not unless we say it in overwhelming numbers!

About using the law to go after Monsanto, the answer is "No!" A great many of Bush-era appointed Federal judges are enablers for the corporate agenda, which is set by "elites" who intend to push, along with their government stooges, for depopulation. The idea is a)poisoning via chem-trails, b)killing off non-GMO food plants not engineered to tolerate altered (by aluminum in chem-trails) soil pH, c)viruses sprayed on food to kill listeria bacteria that will then kill intestinal bacteria we need, d) irradiation that destroys most of the nutrition in foods by breaking protein chains, d)feeding us GMO foods that cause multiple organ and system damage (including sterility), e)making nutrient supplements unavailable, f)causing the majority of the populace to suffer from the diseases of malnutrition (which includes many cancers) which will be MIS-treated with Big Pharma's poisons that don't work and drain any insurance you have. The list is even longer than this, and NONE of these laws will be applied to any Big Ag, Big Pharma or Big Medica businesses. They were WRITTEN by the industry's reps!
Continued on next post

Ian MacLeod said...

Continuation:

If WE don't get this information out, no one will, and if people don't WAKE UP, REACT and DEMAND that our government actually represent us in this or lose their jobs, well, the sickness and dying have already begun. 90% of corn and soy in the US are GMO, and NONE OF IT is labeled. ALL meats not labeled organic and as NOT containing antibiotics, hormones or other such substances (almost all of it) contains things like ractopamine (look it up - another Monsanto poison) and other things no one should be eating. This is a fight to the death - ours if we don't get on it in numbers!

Anonymous said...

From what I read, the crime the bill mentions is not simply mis-branding or adulterating food. It is "knowingly" doing so. They would have to prove that someone was aware of what they were doing. And, frankly, if someone WAS aware they were mis-branding or adulterating food, I would WANT them punished for it. And I would expect that companies in the business who are not knowingly mis-branding or adulterating their food would welcome a law that keeps dishonest competitors from gaining an advantage by knowingly mis-branding or adulterating food. It seems like only the bad guys lose.

Vitamin Lawyer Health Freedom Blog said...

Anonymous, the bill makes two things illegal: "knowingly... introducing" that is adulterated and "knowingly... adulterating"

The way I read that, one can knowingly introduce food which is later determined to be adulterated and so one would not have to know that the food was adulterated to be guilty of a crime.

And, remember, being adulterated can be an "after the fact" decision.

Ian MacLeod said...

Private Gripweed,

Keep in mind that Col. Travis at the completely surrounded Alamo didn't have poisoned food, water, air and even dirt to deal with, not to mention clothes soaked in toxic flame retardant and cotton and other fabrics containing glychphosphate pest/herbicides and poisonous vaccines that WILL be mandated eventually. Then there are the many, many new L.E. and spy agencies and fusion centers full of unaccountable "experts" living in an echo chamber and getting increasingly paranoid. They, and more and more new laws,all with insane penalties and most victimless, E.O's and other unconstitutional BS have labeled pretty much every citizen with an IQ bigger than his/her shoe size as "homegroan terrorists" or potential ones, which is ALSO a crime that the President - or a designated proxy - can have anyone anywhere assassinated for suspicion. Experimental weaponized mycoplasms and other diseases, multiple neurotoxins, radioactive heavy metals and who knows what else are raining down into our water, onto our crops and farmlands and into our lungs from chem-trails. Doctors have been brainwashed to believe that Big Pharma's "medicines" are the SOLE real treatments for all disease, mercury, viral DNA fragments, formaldehyde and other trash are GOOD for people if they're in vaccines, and cops are being conditioned to think that We the People ARE THE ENEMY!

How many "papers please!" incidents have there been with an innocent citizen refusing? It almost always winds up with said citizen being physically ATTACKED, arrested, abused, and finally in dropped charges - with a good lawyer backing them. The Constitution is ALREADY meaningless! We're under attack from every possible direction NOW, folks. Food is just one of them. We've been cut off from "our own" government, which is really just another corporation that exists to enable the other corporations. That's where we are NOW.

Solutions? There are so many people here who buy the propaganda and other lies, especially cops and military, I see none short of another civil war, and I don't see anything like that getting off the ground. There are more than enough camps to hold the small percentage who'd fight - for the short time they'd live. I'd relocate if I could.

Ian

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