NAIS - An Open Letter to Congressman Dent from Jake Towne

September 4, 2009

Dear Congressman Dent,

I attended your last town hall in Emmaus this week. Unfortunately, there were so many questions that I was unable to ask mine. In some ways, this is understandable as I have clearly communicated to you my concerns, but you can still look forward to seeing me in plenty of future town halls, attending as a private citizen. After all, I will be taking over your job after the 2010 election, and they are great chances for me to hear people's thoughts.  Thanks for holding them.

The subject of this letter is your vote in support HR 2749, the so-called "Food Safety Enhancement Act of 2009" which recently passed the House. My query to you is to please explain why you would support such a preposterous piece of legislation. You see, our district has quite a few rural farmers, and several of them have contacted me in outrage over HR 2749. As a result I learned more and more about this subject, decided their concerns are warranted, and hence my letter to you. Let me explain my key issues with HR 2749 - that is, besides my keen interest to find out how you could possibly deem this bill constitutional and within the range of the powers delegated to you by We the People.

Section 743 of this bill levies a new $500 tax on all food production "facilities."  Farms is never clearly defined and in Section 5 it claims that some are excluded, while some are included.  This separate FDA document on page 6 defines farms as "facilities that manufacture/process, pack, or hold food, provided that all food used in those activities is grown, raised, or consumed on that farm or another farm under the same ownership" which is consistent with 21 CFR 1.227(3) of the legal code, and the intent of HR 2749.  In fact, what is the true intent of this bill?  Is it meant to slowly encroach upon family farms, or the many "victory-over-the-FED" home gardens sprouting up all over the nation?

Surely you did not intend to eventually levy taxes on our home gardens in the Lehigh Valley, correct? Although I completely oppose this new tax, why did you approve it?  Why did you not take action to clarifying the terms prior to approving it?

In the name of "food safety" all food-producing sites are required to submit plenty of bureaucratic paperwork and are issued tag numbers, not unlike Social Security numbers. I am not kidding about the bureaucratic paper-shuffling you have approved in this bill. For an idea of the paperwork, I refer to Section 418 which mandates food producers to:

(1) conduct a hazard analysis (or more than one if appropriate);

(2) identify and implement effective preventive controls;

(3) monitor preventive controls;

(4) institute corrective actions when--

(A) monitoring shows that preventive controls have not been properly implemented; or

(B) monitoring and verification show that such controls were ineffective;

(5) conduct verification activities;

(6) maintain records of monitoring, corrective action, and verification; and

(7) reanalyze for hazards.

Next is a chief concern of small farmers, the highly controversial National Animal Identification System (NAIS). In 2006, this plan was revealed as forcing the farmer to tag each individual animal, at a cost of anywhere from $3 to $20 per head. The NAIS applied to anyone with a single horse, pig, chicken, or goat in the backyard - no exceptions. Now, HR 2749 is not explicit with the costs, and has some exceptions listed, but if you had read Section 107 which states it "shall by regulation establish a tracing system for food that is located in the United States or is for import into the United States" and "establish and maintain a system for tracing the food that is interoperable with the systems established and maintained by other such persons; and use a unique identifier for each facility owned or operated by such person for such purpose."

The text of this bill is extremely vague about exactly what this "tracing system" is, but without an actual definition, it certainly appears to be similar to NAIS.  Since some facilities are excluded from this Act (for now) what is the intention of Section 107 for the future?  To slowly establish this system everywhere in the USA?  

Sections 105 and 106 of this bill delegate power to the FDA to regularly inspect and audit all facilities and require documents to have "immediate availability." I remind you that the 4th Amendment of the United States Constitution protects our natural right to be safe from the government's inspection of our belongings without a warrant and probable cause. This act presumes all food-growers to be guilty until proven innocent. Now, if states and localities decide to do this of their own accord, with the permission of the people, this is one thing. However, certainly you must agree that the federal government has no right to legislate on this matter per the "Powers of Congress" in Article I, Section 8 of the Constitution of the United States?

Section 135 states that civil penalties of up to $7,500,000 may be assessed for violations of the very lengthly and detailed Federal Food, Drug, and Cosmetic Act, but nowhere does it state how exactly such fines will be calculated. This reminds me of a quote from a very brave woman who once wrote:

"There's no way to rule innocent men. The only power government has is the power to crack down on criminals. Well, when there aren't enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws."

Of course, as Pennsylvanians, perhaps I should close with a quote from Benjamin Frankin:

"They who would trade liberty for security soon have none and deserve neither."

What would I do?  Very simple.  I would have voted against this bill, and encouraged consumers to group themselves and demand this of the producers themselves if desired, instead of using the federal government to unconstitutionally force into existence some very unnecessary bureaucracy.  If it passes the Senate and is signed by the President, I would attempt to revoke the act as unconstitutional. 

Many producers already organize their food production themselves; there is no need to use force here.  Citizens should realize that acts like HR 2749 only serve to create government-sponsored  corporate monopolies of our food supply.  Large "Big Ag" farms can handle the costs of bureaucracy, which serves as a barrier to both prospective and current small, innovative businesses. 

Somehow America has survived for 233 years without this rather silly legislation.  Please note that I am not saying that poisoning of the food supply is a non-issue and should be scoffed at, but there is no evidence that the paperwork required and fines threatened by this act would in fact increase food security.

Not to pick on any State, but if you insist on acting beyond your constitutional powers, why not roll this out just in Rhode Island (to limit the damage and outrage) and try it out first?  If the idea is so great and wonderful, why wouldn't Pennsylvania want to implement it on the State level?  Congressman Dent, the U.S. Congress was never meant as a device to overpower the individual States, which is why I recommend once more you take a close, hard look at Article I, Section 8 for the remainder of your term in office.

Please pardon my tone as I continue to be outraged by your actions and those of Congress as a whole. This is the 7th formal open letter I have publicly written to you without a response. I have taken the care to personally hand-deliver all of them into your hands.

Let me wish you, for the one and only time, luck in the upcoming election. You are going to need it.

Your fellow citizen,

Jake Towne

P.S. -  Again, if you have the time only to reply to one issue, PLEASE reply to me concerning your stance on monetary policy and the Federal Reserve. I remain highly concerned that by your approval of the Banker Bailout of 2008 and your inaction during the past five (5) years in Congress to make any effort to salvage the integrity of the nation's currency, the dollar, you have played a role in the eventual and likely demise of our monetary system. 

I have yet to receive any reply to the Open Letter addressed to you on August 9, 2009, where I pointed out that health care legislation you support will have the same end effect as the current Democratic plan.

I have yet to receive any reply to the Open Letter addressed to you on July 21st, 2009, asking why you voted to give away $50 Billion in foreign aid, including $2 billion in military aid to Israel.  I believe almost everyone in our district would agree with me that spending our tax dollars domestically would be better than frittering away them on economic and military aid abroad.

I have yet to receive any reply to the Open Letter addressed to you on July 7th, 2009, in regards to your thoughts on sponsoring a bill that would require Congress to read the bills before voting to pass them.

I have yet to receive any reply to the Open Letter addressed to you on June 26th, 2009, in regards to your thoughts on sponsoring a bill that would require Congress to only pass bills that address just 'One Subject at a Time.'

On June 4th, I sent you a note concerning the constitutionality of using of taxpayer funds on the nation's health care and asked a simple question in regards to HR 2516, the Medical Rights Act, a bill you co-signed. Could you please reply to this question?

On May 7th, I sent you a note requesting your thoughts on the Federal Reserve (specifically whether you would support abolishing it, and if not, why) and our nation's monetary policy. As requested above, could you please reply and inform me of your stance on the FED and monetary policy?

_______________________________________________________________________

Jake Towne is running for U.S. Congress in Pennsylvania's 15th District in the 2010 election as a citizen unaffiliated with any political parties.  Jake also writes at www.LibertyMaven.com and www.CampaignForLiberty.com.  A master campaign presentation for internet viewing is available.  A novel campaign website built by Raging Debate, TowneForCongress.com has recently opened.  [Reach the Author Here!] 

Jake was recently endorsed by 912Candidates.org.

 _______________________________________________________________________ 

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

As always, unlike the NFL, the author grants full permission to allow any accounts of, rebroadcasts, retransmissions, repostings of this article to your blog or anywhere else in order to promote the Restoration of our Republic.

Veritas numquam perit. Veritas odit moras. Veritas vincit. Truth never perishes. Truth hates delay. Truth conquers.

Tu ne cede malis sed contra audentior ito. Do not give in to evil but proceed ever more boldly against it.

Summary of Articles and Bibliography for Jake Towne, the Champion of the Constitution (8/7/2009)

_______________________________________________________________________

Other Recent Articles by the Author

FDIC: "We Aren't Bankrupt and Everything is A-OK"

Jake Towne's Income Tax Plank

Jake Towne's "Right to Bear Arms" Plank

Jake Towne's Talk on Financial Derivatives to CC-BASD

Jake Towne for Congress: The Concept of "Our Open Office"

Health Care - An Open Letter to flag@whitehouse.gov

Health Care: Another Open Letter to Congressman Dent from Jake Towne

Fractional Reserve Banking in Pictures (PART 1/2)

Yes, Virginia, There Are No Reserve Requirements (PART 2/2)

Jake Towne for Congress 2010: Health Care Platform Announcement

Unlocking the Money Matrix - The Summers Gold Price Suppression Scheme (PART 13/15)