News and Blog

Here is some more information regarding milk. http://articles.mercola.com/sites/articles/archive/2009/07/18/The-Milk-Myth-What-Your-Body-Really-Needs.aspx

 I used to think of milk as a beverage (a liquid).  It’s not, it’s a food.  And as with most of our “foods”, it is being manufactured.  The greatest demise is the ultra pasteurization so it can be shipped coast to coast.  The milk farmers are going broke and all we will have left are the mega dairies.  Just like poultry, pork, etc, etc.  We are currently in a fight to keep the beef industry from being vertically integrated by the large corporations.  Speaking of corporations, we will be showing the film THE CORPORATION.  We will feature this film in our monthly presentations at La Sous Terre.  It will be in August.  Date and time to follow.  This film was the winner of 23 international awards.  I previewed it last night and it has opened my eyes.  Getting corporations under control by our government will be monumental.  They are out of control.  They are IN CONTROL.

This next Tuesday at 7 pm we will show a lecture by Michael Pollan.   At the showing of the film Fresh I was surprised at how few of the attendees even knew of Pollan.   So here is your chance to "attend" one of his recent lectures.  As usual, we are asking that you RSVP so we can insure adequate space.  It’s first come, first to have a seat.

The wheat harvest was successful.  We have some great looking hard white wheat berries.  My neighbor and I figured out the seed cleaner I recently bought at an Amish sale.  Didn’t pay much and it needed some TLC.  May be an antique but it did and excellent job.  Next step is grinding some of the berries and making some biscuits.  Then and only then will they be for sale.  Sprouting is also an option.  Stay tuned.

What is organic anyway?

http://salsa.democracyinaction.org/o/642/campaign.jsp?campaign_KEY=27537

OK some of you need more than the $50 credit offer to get you to go see the film FOOD,Inc.  So, if you go Wednesday evening to the Tivoli you will get in FREE.  Go early to get a good seat.

Here is more bad news concerning the label organic. http://www.organicconsumers.org/articles/article_18524.cfm

Food fight is a long article, but has a lot of current information.  Take the time to read or at least scan it.  http://www.organicconsumers.org/articles/article_18518.cfm

Just returned from seeing the film FOOD, Inc.  It is extremely well done.  There is a lot of finger pointing Tyson, Smithfield, Monsanto, USDA, Congress, previous administrations, and revolving doors.    The degenerating food system is going to stay the same and probably get worse if eaters don’t demand a change.  As Michael Pollan says you get to vote three times a day.  The film is being shown at the Tivoli, 4050 Pennsylvania Ave and at the Leawood theatre.  Their web sites are www.tivolikc.com   and. http://www.fineartsgroup.com/  (Leawood) to find times and dates.  I think it is only being shown for a limited time.

Here is a link to the FOOD, Inc postcard http://www.foodincmovie.com/img/downloads/food_inc_5x7_v3.jpg

Breezy Hill Farm is going to help you decide to go the movies.  Save your ticket stub.  We will give you a $50 credit on your next beef order(including this falls orders). 

that's it from the hill.  Art and Debra

• Want to know the bottom line on the current health care debate?  Thanks to PBS we still get  the other side not controlled by corporation advertising dollars.  http://www.pbs.org/moyers/journal/07102009/profile.html
  
  We are going to see FOOD,Inc tomorrow.  There has been a lot of news coverage for this film.  I wish the film FRESH had had like coverage.  Fresh is a great film.  It tells a convincing story.
  
  Have you ordered catfish lately?  Are you sure it was catfish?  We learned about this last month at the NAIS  listening session.  There were two former catfish farmers that spoke and told how our government had destroyed their industry.  They were warning the cattle producers that NAIS would do the same to our industry.
  

  Have you ever ordered catfish at a restaurant?  You probably assumed you were getting a southern freshwater fish, commonly breaded and fried to a golden brown.  In turns out there's a good chance you were eating a similar whitefish from Vietnam or China.  These imported catfish are not currently subject to the same food safety standards as U.S. catfish.  Can you ask Secretary Vilsack to hold these imported fish to the same high food safety standards?

  Last summer, when Congress passed the Farm Bill, it included a measure that created a new inspection program specifically for catfish at USDA.  The department under Secretary Vilsack is working right now to design that new inspection program, and we hear that they are under pressure from China, Vietnam, and seafood importers to let some imported catfish escape the reach of this new program.

  Considering that the Food and Drug Administration has previously blocked farmed catfish from China because of widespread contamination and dangerous chemical residues, we need to make sure there are high standards for these commonly imported farmed fish. Now's our chance, but only if USDA does the right thing when it's writing the rules.

  While there's some confusion around what's allowed to be called catfish, the bottom line is, if it's marketed as catfish, it should be subject to inspection.  Please ask Secretary Vilsack to include all the species of fish that restaurants and other sellers commonly market as catfish in the new inspection program:

  http://action.foodandwaterwatch.org/t/741/p/dia/action/public/?action_KEY=1156
  

  We still have two yogurt makers for anyone wanting to make their own tasty yogurt. 
  
  There are two new items on our web site.  Be sure to check out the Video, "The truth about Real Milk".  It's under PRODUCTS.   Under MAIN there is a new feature.  With directions you can enter your address and get specific directions to Breezy Hill.  Thanks Marlies.
  

  
  that's it from the hill.  Art and Debra 

   

• A recent update indicated we would have wheat straw.  Then I sent an update that our straw was not clean enough.  Bob, who raises the chickens has some excellent straw that they baled today.  Anyone wanting this straw can pick it up in the field for $2.50 per bale.  Call me for directions.  He is located about 4 miles from Breezy Hill.
• Here is the info on show times for Food, Inc.  We are going on Saturday.

Here are the showtimes for July 10 - 16 for the opening week of FOOD, INC at the Tivoli

FRI, SAT & SUN:  12:45, 3:00, 5:30 & 8:00
MON - THUR:  2:15, 5:00 & 7:30*
*Note:  No 7:30 on Wednesday

Sincerely,
Tivoli Information

The complete history on sweeteners and which sodas are healthy. http://articles.mercola.com/sites/articles/archive/2009/07/04/Venezuela-Bans-Coke.aspx

The complete history on sweeteners and which sodas are healthy. http://articles.mercola.com/sites/articles/archive/2009/07/04/Venezuela-Bans-Coke.aspx

• Princess had her calf this afternoon, a heifer.   Suggestions for a name?  This means we can add more milk customers.  I recently added a new item to the web site.  Under PRODUCTS there are two videos on milk.  Be sure to watch The Truth About Milk.  The other is about the struggles in other states.  We are somewhat lucky to be in Missouri.  We still can produce and sell real milk.    I like to use the term REAL milk, but I guess RAW is ok, since it is not cooked as in pasteurized. 
• If you decide to become a milk customer, we would appreciate you purchasing  a gallon or half on a regular basis.  It is difficult juggling the various orders to insure we have milk available.  I have investigated the concept of a milk CSA, but would rather keep it on a more personal basis.  With a CSA I would need a pig or two to feed the milk to when a member does pick up for that week.  Or I need to get serious and attend a cheese making class.  Soft cheeses are so easy.  I'm sure hard cheeses are as well, if you know the secrets.
• For July we are going to show Michael Pollan's Lecture at La Sous Terre.  We again are requesting an RSVP (email) to insure we have enough space.  As I said at the FRESH film, I was surprised that so few of you new of Pollan.  He is the primary messenger for the local food movement.  July 28 at 7 pm.
  
  Speaking of films  Food, Inc will be shown in the Kansas City area on July 10.  Perhaps, if there is enough interest we could meet somewhere for supper before the film.  Or meet afterwards.  Any suggestions?

Food, Inc will be shown in Kansas City at the Tivoli @ Manor Square and in Overland Park at the Glenwood Arts on July 10.  You’ll have to call to find out the show times.  The DVD will not be released until Nov.  We will show it at our monthly presentation at La  Sous Terre as soon as we get it.

Food, Inc  This is a great book to read before you see the film.  If you want to know what to do to improve the food system you need to read Joel Salatin’s chapter.

http://www.amazon.com/gp/offer-listing/1586486942/ref=sr_1_olp_1?ie=UTF8&s=books&qid=1246334408&sr=1-1

June 26, 2009
Farm-to-Consumer Legal Defense Fund Action Alert!!
HR2749 Food Safety Enhancement Act of 2009 Update

In This Issue
Actions To Take
Frequently Asked Questions
Quick Links
Farm-to-Consumer Legal Defense Fund
 
Weston A. Price Foundation
 
Farm and Ranch Freedom Alliance
 
Dear Art,
 

ACTIONS TO TAKE

1.  Call Your Representatives
Personal contact is an effective way to change hearts and minds. To find your representatives, use the finder tool at www.Congress.org or call the Capitol Switchboard at 202-224-3121. When contacting your representatives, use examples from the FAQs to explain your opposition to HR 2749.

2.  Sign the Petition
HR 2749 has been moving quickly through Congress. If you have not already done so, please send a personal message to your legislators through the online petition "Oppose HR 2749" at www.farmtoconsumer.org/petitions_new.htm

3.  Donate to the Fund
Help the Fund continue its valuable service - helping small farmers and protecting your access to quality food. www.farmtoconsumer.org/donate
 
FREQUENTLY ASKED QUESTIONS (FAQs)
HR 2749 - Food Safety Enhancement Act of 2009
 
 NOTE:  Answers are based on the June 17 Waxman version that was accepted by voice vote of the House Committee on Energy and Commerce.  Page references are noted per this version posted at 

http://www.ftcldf.org/docs/Waxman_Amd_061709--hr2749_ans.pdf
 
Q1:  Does FDA have jurisdiction over INTRAstate commerce?
 
A1:  As a federal agency, the FDA has jurisdiction over INTERstate commerce. For example, the prohibited acts regarding adulteration and misbranding in the current Federal Food, Drug and Cosmetic Act (FFDCA) all refer to INTERstate commerce. However, the existing law states that "in any action to enforce the requirements of [FFDCA] . . . the connection with INTERstate commerce required for jurisdiction in such action shall be presumed to exist." [1a]  Combined with court decisions addressing the connection between INTRAstate and INTERstate commerce, it is unclear what kind of showing defendants would have to make to rebut the presumption and avoid federal regulation. The agency's regulatory power is limited to commerce, however, so non-commercial activities (such as growing your own vegetables for personal consumption) are not regulated.
 
Under current law, a business qualifying as a "food facility" must register with FDA, even if that business only engages in INTRAstate commerce. [1b]  In addition, the agency can inspect the records of a business that engages solely in INTRAstate commerce if there is a "reasonable belief that an article of food is adulterated and presents a threat of serious adverse health consequences or death to humans or animals." [1c]
 
[1a]  21 USC 379(a)
[1b]  21 USC 350(d)
[1c]  21 USC 350(c)
 
Q2: Would HR 2749 expand the FDA's regulation of INTRAstate commerce?
 
A2: Yes. Under HR 2749, FDA's regulatory control over INTRAstate commerce would grow considerably.  The bill would allow for inspections of firms whose business is strictly within a State. [2a]  It would impose, among other requirements, a mandate for all firms in the food business to comply with national performance standards for various foods set by the Department of Health and Human Services (HHS). [2b]  It would also require most firms in the food business to establish a traceback system for their products, even if those products never cross State lines. [2c]
 
[2a]  Section 105(a)-pp. 42-43
[2b]  Section 103(b)-pp. 36-37
[2c]  Section 107(c)-p. 54
 
Q3:  I have a garden and sell produce at a road-side stand on my property.  Would HR 2749 apply to me?
 
A3:  Yes, you would now have to follow federally-established standards for growing produce. [3a] Produce not grown as required by these standards would be considered as adulterated under the Federal Food, Drug and Cosmetic Act (FFDCA). [3b] Further, you would be required to make your business records available to FDA inspectors. [3c] The inspectors would have the power to show up unannounced without a warrant to search your records without any evidence whatsoever that you have committed a violation of the law.  If you refuse to let the inspector see your records, you would be guilty of adulteration under FFDCA. [3d]
 
[3a]  Section 104(b)-pp. 38-41
[3b]  Section 104(a)-p. 38
[3c]  Section 106(a)-p. 48
[3d]  Section 207(a)-pp. 119-120
 
Q4:  I sell produce from my garden at a local farmers market, under HR 2749 would I have to register as a "food facility" with FDA?
 
A4:   Farms are exempt from the registration requirement under current law. [4a]  HR 2749 would not eliminate this exemption.  "Farm" is narrowly defined under current regulations [4b]; so, it is possible that many farms that have not registered in the past, could be required to do so if FDA has more resources at its disposal to enforce registration.
 
For example, a farm that sells vegetables straight from the garden (i.e., no processing) would not be a "food facility".  If FDA strictly interprets the definition of "farm", a farm that sells canned vegetables at the market would be a "food facility" because canning is considered "processing" under the law. [4c]  Under federal regulation, a farm that processes food would not be considered a "farm" for purposes of the registration requirement unless ALL of the processed food is consumed ON the farm. [4d]
 
Under HR 2749, those who sell vegetables from the garden at farmers markets would be required to follow federal standards for growing produce [4e]; and their business records would be subject to random warrantless searches by FDA inspectors even if the agency has no evidence of any violation of the law.  [4f-see Q3/A3 above]
 
[4a]  21 USC 350d
[4b]  21 CFR 1.227(3)
[4c]  21 CFR 1.227(6)
[4d]  21 CFR 1.227(3)
[4e]  Section 104(b)-pp. 38-41
[4f]  Section 106(a)-p. 48
 
Q5:  I own a bakery and sell my goods at a local farmers market, how would HR 2749 apply to me?
 
A5:  HR 2749 would apply to you in the following ways:
 1 - Your bakery would qualify as a "food facility" and you would need to register with FDA each year [5a] and pay an annual fee ($500 in 2010 [5b], and increasing in future years as indexed for inflation [5c]).
2 - You would have to register in electronic format. [5d]
3 - You would be required to have a unique facility identifier number. [5e]
4 - You would be required to conduct an analysis identifying potential hazards at your food facility; and you must implement controls to prevent those hazards from occurring as well as a plan for what to do in the event that any do occur. [5f]
5 - If your products cross state lines, you must develop a FOOD SAFETY PLAN. [5g-also see Q6/A6 below]
6 - You would also be required to establish and maintain a system for tracing the food you produce.  It is uncertain at this point what this traceability system will require, but the requirements are likely to be extensive.
[5h]
 
[5a]  Section 101(b)-p. 6 [4b]  Section 101(b)-p. 13
[5c]  Section 101(c)-p. 14
[5d]  Section 101(b)-p. 7
[5e]  Section 206(a)-p. 118
[5f]  Section 102(a)-p. 21
[5g]  Section 102, sec 418A(a)-p. 28
[5h]  Section 107(c)-p. 54-58
 
Q6:  What will a FOOD SAFETY PLAN involve?
 
A6:  Your FOOD SAFETY PLAN would have to include a hazard analysis that identifies potential hazards in your operation.  The plan must also include descriptions of a variety of procedures you follow to prevent hazards from occurring and corrective actions to take if any does occur.  In addition, you would need to describe your procedures for recordkeeping, conducting recalls, and traceback.  Further, the plan must include how you ensure a "safe and secure food supply chain" for the items and ingredients you use as well as how you implement any science-based performance standards required by FDA. [6a]
 
[6a]  Section 102, sec 418A(b)-pp. 29-30
 
Q7:  I have read a summary of HR 2749 and am alarmed by the provision giving the Department of Health and Human Services (HHS) the power to quarantine any geographic area within the country.  How broad is this power?
 
A7:  Under HR 2749, the HHS Secretary would have the power to prohibit ALL MOVEMENT of ALL FOOD within a geographic area.  No court order is needed to exercise this power.  The Secretary only has to notify the appropriate official of the State(s) affected and issue a public announcement. [7a]
 
[7a]  Section 133(b)-pp. 98-99
 
Q8:  I am a raw milk consumer.   Is it true that under HR 2749 would give FDA the power to institute a complete ban on the sale of raw milk?
 
A8:  Yes, HR 2749 requires the HHS Secretary to issue "science-based performance standards . . . applicable to foods or food classes."  The Secretary is to "identify the most significant foodborne contaminants and the most significant resulting hazards . . . and to minimize to an acceptable level, prevent or eliminate the occurrence of such hazards." [8a]  FDA would have the power to make pasteurization of all raw milk a performance standard.  Based on both its public statements and its record of taking enforcement actions against farmers, FDA is vehemently opposed to the consumption of raw milk and would like to ban its distribution.

Even if FDA does not issue a performance standard requiring pasteurization, the likelihood is that if HR 2749 passes into law, the agency will be increasing its enforcement actions against raw milk producers whose products cross state lines.  FDA has indicated that raw milk is a priority item with the agency; with the passage of HR 2749, it would have much greater resources to go after raw milk than it did before.  FDA could take enforcement action directly or through state agencies funded by FDA.
 
The way to stop this threat is to support HR 778, a bill that would, in effect, end the ban on raw milk for human consumption in interstate commerce. [8b]  If you have not already done so, contact your Representative and Senators asking them to co-sponsor and/or vote for HR 778.  You may send a message to them through the petition service by clicking on "Support HR 778 Now" at www.farmtoconsumer.org/petitions_new.htm

[8a]  Section 103(b)-p. 37
[8b]  21 CFR 1240.61
 
Q9:  I purchase products from an Amish producer who has said he would not register his facility because the electronic filing requirement violates his religious beliefs.  What are the criminal and civil penalties he could be facing if he is charged with violating the law?
 
A9:  Under HR 2749, failing to register a food facility would constitute "misbranding." [9a] If any of the "misbranded" products are introduced or "delivered for introduction into interstate commerce", the producer could be sentenced to up to ten years and be assessed criminal fines. [9b] Under HR 2749, anyone knowingly violating certain prohibitions contained in the FFDCA such as the prohibition against introducing adulterated or misbranded food in interstate commerce, could face these penalties.
 
In addition, the Amish producer could be facing substantial civil penalties.   Under HR 2749, any individual who knowingly violates a provision of section 331 of FFDCA (prohibited acts) relating to food, can be fined up to $100,000; a corporation can be fined up to $7.5 million. [9c]
 
[9a]  Section 101(a)-p. 6
[9b]  Section 134-p. 100
[9c]  Section 135(a)-p. 101
 
Q10:  I'm a farmer who sells products direct to consumers.  I want to protect the privacy of those who purchase from me and do not want to turn over to FDA any customer information I have in my records.  What are the potential penalties if I refuse?
 
A10:  Under HR 2749, FDA would have access to all records relating to the food producer's distribution of products.  Failing to provide records to FDA would constitute adulteration. [10a]   The criminal penalty for refusing access to records would be up to ten years imprisonment. [10b]  The civil fines could be up to $100,000 for an individual and $7.5 million for a corporation. [10c]
 
[10a]  Section 207(a)-pp. 119-120
[10b]  Section 134-p. 100
[10c]  Section 135(a)-p. 101
 
More HR 2749 information is posted through links at
http://www.ftcldf.org/food%20safety.htm
 

Anyone with additional questions is encouraged to contact the Farm-to-Consumer Legal Defense Fund directly by calling 703-208-3276 or emailing info@farmtoconsumer.org

With Regards,
 

Pete Kennedy, Esq. - Interim President,
Farm-to-Consumer Legal Defense Fund


that's it from the hill.  Art and Debra