Proposed law could make sharing foods from private gardens a threat to national security

“If people let the government decide what foods they eat and what medicines they take, their bodies will soon be in a sorry state as are the souls of those who live under tyranny.” – Thomas Jefferson

There has been a recent uproar by organic farm growers about Senate bill S510 - FDA Food Safety Modernization Act. S510 will expand the authority of the Secretary of Health and Human Services (HHS). Some of HHS newly expanded powers will be to:

1) inspect the records of food that the Secretary reasonably believes is likely to be affected in a similar manner as an adulterated food; and

2) require that each person (excluding farms and restaurants) who manufactures, processes, packs, distributes, receives, holds, or imports an article of food permit inspection of his or her records if the Secretary believes that there is a reasonable probability that the use of or exposure to such food will cause serious adverse health consequences or death; and

3) suspend the registration of a food facility if the food manufactured, processed, packed, or held by a facility has a reasonable probability of causing serious adverse health consequences or death to humans or animals; and

4) review and evaluate relevant health data and other information to determine the most significant food borne contaminants; and issue contaminant-specific and science-based guidance documents, action levels, or regulations; and

5) promulgate regulations to protect against the intentional adulteration of food; and

6) assess and collect fees related to food facility re-inspections, food recalls, the voluntary qualified importer program, and importer re-inspections.

In addition, it requires the HHS, in coordination with the Secretary of Agriculture to:

1) prepare and submit to the relevant congressional committees and make public the National Agriculture and Food Defense Strategy; and

2) establish by regulation scientific and risk-based food safety standards for the growing, harvesting, processing, packing, sorting, transporting, and holding of raw agricultural commodities; and

3) to prevent the introduction of known or reasonably foreseeable biological, chemical, and physical hazards, including hazards that occur naturally, may be unintentionally introduced, or may be intentionally introduced, including by acts of terrorism, into raw agricultural commodities that are a fruit, vegetable, nut, or fungus.

Lastly, it requires the Directs the Secretary of Homeland Security (DHS) to:

1) report annually on the activities of the Food and Agriculture Government Coordinating Council and the Food and Agriculture Sector Coordinating Council.

In simple layman terms, it does not make it illegal to grow food for personal consumption. However, if you are intending to share, trade, and/or sell your food at farmers markets, you are no longer growing your food for personal consumption. For example, if you give or sell your neighbors a bag of fruits and vegetables from your garden and they get sick. You will be held accountable.

Under S510, your sharing of fruits and vegetable will be considered illegal and a threat to national security. You will now be classified as a supplier. As a supplier, you must obtain a license  and adhere to a number of regulations related to growing, harvesting, processing, storing, and  transporting food. Once you become a licensed supplier, your food is considered “traceable.”

The following are the proposed penalties for refusing to adhere to the provisions of S510:

Criminal penalty: Any person who knowingly violates a provision of S510, with respect to any food that is misbranded or adulterated shall be imprisoned for not more than 10 years or fined in accordance with title 18, United States Code, or both..

Civil penalty: Any person who violates a provision of S510 relating to food shall be subject to a civil penalty for each such violation of not more than:

1) $20,000 in the case of an individual, not to exceed $50,000 in a single proceeding; and
2) $250,000 in the case of any other person, not to exceed $1,000,000 in a single proceeding.

Any person who knowingly violates a provision of section 301 relating to food shall be subject to a civil penalty for each such violation of not more than--

1) $50,000 in the case of an individual, not to exceed $100,000 in a single proceeding; and
2) $500,000 in the case of any other person, not to exceed $7,500,000 in a single proceeding.

S510 does not preclude you from owning a private garden for your own personal consumption, but if you are intending to share, trade, or sell your crop, this will be considered illegal and a threat to national security.

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