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A solemn walk through HR 875

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Other parts of the registration provisions in Section 415 of the FD&C Act indicate that Congress only intended businesses to register.  This raises a question as to whether Congress intended that private individual residences be considered facilities, even though food is manufactured/processed, packed, or held at such residences.

For instance, a registrant is required to submit ''the name and address of each facility at which, and all trade names under which, the registrant conducts business...'' (21 U.S.C. 350d(a)(2)). 

Thus it is unclear whether Congress intended all individual private residences at which food is manufactured/processed, packed, or held to be included in the term ''facility.'' Furthermore, the requirement that a facility submit its ''name'' as well as its ''trade names'' raises a question as to whether Congress intended ''facility'' to include private individual residences since it is unlikely that a home would have a name or a trade name.  

Where the words of the statute are ambiguous, an agency may make a reasonable Interpretation of the statute. Chevron, USA, Inc. v. NRDC, Inc., 467 U.S. 837, 842-843 (1984); Brown & Williamson, supra, at 132.

Consistent with the language of section 415(a)(2), the agency concludes that interpreting the term ''facility'' to exclude private individual residences is a reasonable construction for purposes of registration.  This interpretation, however, does not necessarily preclude a reasonable construction of other provisions of the FD&C Act to include such residences. Judicial interpretation can change, and easily include residences.

MYTH:    H.R. 875 would mean a "goodbye to farmers markets" because the bill would "require such a burdensome complexity of rules, inspections, licensing, fees, and penalties for each farmer who wishes to sell locally - a fruit stand, at a farmers market." 

FACT:   There is no language in the bill that would result in farmers markets being regulated, penalized any fines, or shut down.  Farmers markets would be able to continue to flourish under the bill.  In fact, the bill would insist that imported foods meet strict safety standards to ensure that unsafe imported foods are not competing with locally grown foods. 

Section 406 clearly states all food offered for sale will be viewed as being in interstate commerce and subject to the provisions of this bill.  


In any action to enforce the requirements of the food safety law, the connection with interstate commerce required for jurisdiction shall be presumed to exist

(8) CATEGORY 4 FOOD ESTABLISHMENT- The term 'category 4 food establishment' means a food establishment that processes all other categories of food products not described in paragraphs (5) through (7).

(9) CATEGORY 5 FOOD ESTABLISHMENT- The term 'category 5 food establishment' means a food establishment that stores, holds, or transports food products prior to delivery for retail sale.

(14) FOOD PRODUCTION FACILITY- The term 'food production facility' means any farm, ranch, orchard, vineyard, aquaculture facility, or confined animal-feeding operation.

Say it again and again, "this applies to farms and can apply to homes." It certainly looks to me that families baking cookies for bake sales could easily be included. 


(a) Authorities- In carrying out the duties of the Administrator and the purposes of this Act, the Administrator shall have the authority, with respect to food production facilities, to--

(1) visit and inspect food production facilities in the United States and in foreign countries to determine if they are operating in compliance with the requirements of the food safety law;

(2) review food safety records as required to be kept by the Administrator under section 210 and for other food safety purposes;

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Take action -- click here to contact your local newspaper or congress people:
Withdraw HR 875 immediately as well as SR425, HR 814, and related bills

Click here to see the most recent messages sent to congressional reps and local newspapers

Met libertarian and conservative farmers and learned an incredible amount about farming and nature and science, as well as about government violations against them and against us all. The other side of the fence is nothing like what we've been (more...)

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Linn&Sue, Well done! I have read all 117 pages... by Lee Cornell on Saturday, Mar 14, 2009 at 8:36:38 PM
Sue and Linn's analysis does show that the pro... by Jim Eldon on Sunday, Mar 15, 2009 at 9:18:31 PM
Big Business is the problem with the oceans having... by Mel Smith on Sunday, Mar 15, 2009 at 11:49:55 PM
I'm sorry I neglected to thank you for all the... by Mel Smith on Monday, Mar 16, 2009 at 12:13:12 AM
I'll pass this on to all my contacts. You have be... by Oh on Monday, Mar 16, 2009 at 7:07:09 AM
This type of legislation is known as raising barri... by Arktig Silver on Tuesday, Mar 17, 2009 at 5:04:25 PM
Please publish below the list of sponsors and cosp... by Mad Jayhawk on Thursday, Mar 19, 2009 at 3:24:37 AM


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