Update: The Food Modernization Act

A few days ago I felt my stomach drop after reading about the passing of Senate Bill 510, the Food Safety Modernization Act. I wondered how it was possible for a government to essentially bind the hands of people in order to prevent them from the most basic form of self preservation.

Admittedly, the Senate did make some adjustments to the bill. After the modifications back yard gardens were no longer a felony offense as long as you obtained a license from the FDA. Gifting homegrown fruits and vegetables to family and friends was deemed allowable after inspection by the FDA and further generosity was defined by allowing farmers markets to continue to exist as long as they were properly vetted and licensed. However, the government would maintain control over seeds and what could be grown along with regulating watering. They also required a severe separation of farming. If you possess livestock you would be unable to obtain permission to grow fruits and vegetables. On the other hand, if you choose to grow vegetables and fruit first, you will face having your permits redacted should you choose to purchase livestock and keep them on the same farm as your garden.

Of course, the cost of farming whole foods would be dramatically increased making it almost impossible to continue the family farm. Thankfully, there may be a light at the end of the tunnel … at least for a little while.

The Senate added a series of new taxes to the bill in an effort to garner more revenue. The problem with the additional taxes was they were added without consent from the House of Representatives leaving the bill possibly dead in the water. According to the United States Constitution, the House of Representatives are the only legislative branch with the ability to originate and define new sources of revenue to be extracted from the public in the form of taxes. The Senate overstepped its legislative parameters making it possible for the House to issue what is known as a “blue slip.” A “blue slip” issuance leaves a bill that has passed in the position of being unenforceable, essentially sending it back to the Senate floor for a new vote. Although there is a slight chance that the House will disregard in an unprecedented maneuver the blue slip rule, that chance is slim at best.

The Senate’s error may bring about a drastic change in the structure of the bill or the complete negating of S 510. The current lame duck congress will not have the time to resubmit the bill with the appropriate fixes leaving it to be carried over to the new congress. There are few options left for this bill to survive. The first comes at the hands of Senate majority Leader Harry Reid. Senator Reid can choose to drop the issue and start from scratch with the next congress. The Senator can also choose to try to force the bill forward for another vote after the House revises the bill but would require a unanimous consent to limit the debate in order to do so. Achieving unanimous consent may prove to be impossible courtesy of Senator Tom Colburn of Oklahoma who is avid in his stance that the bill is too big, too expensive, and exceptionally unfair to the American farmer.

As it stands, if assessments are correct, there is no hope for the resurrection of S 510 until the new congressional session and very little then. There are far fewer Democrats in the new congress making it difficult to push for a bill that most Republicans have found to be unworthy.

Despite the actions of the Senate, it is important to reinforce opposition to this bill that was kept deeply under the radar. Most Americans had never even heard a whisper of the bill before the mainstream media announced that it had been passed along with the standard spin to give the impression of the bill being a good thing. I would like to maintain the right to grow my own food without bureaucratic interference. I would like for my children to also have that right. When push comes to shove, every American should be free to feed their families in the most basic form as has been done for centuries and without restriction.