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The FDA is in the midst of writing the critical regulations that will implement the Food Safety Modernization Act Congress passed last year with applause all around from the Obama administration, Democrats and Republicans despite ferocious opposition from small-farm advocates. The sweeping new law gives the agency extraordinary powers to detain foods on farms. It also denies farmers recourse to federal courts. On July 3, the agency will issue its new rule to detain any food it believes is unsafe, or, more critically, "mislabeled." In Allgyer's case, the entire FDA case rests on a technical violation of a ban on interstate commerce in raw milk and alleged mislabeling.
Before the new law, the FDA could only impound food when it had credible evidence the food was contaminated or posed a public health hazard. The detention powers are part of what Taylor described as a new agency focus on preventing food poisoning outbreaks rather than responding to them after the fact. Taylor described the new law as giving the agency "farm to table" control over food safety.
Taylor outlined an aggressive approach, saying he would seek a "high rate of compliance" with new food safety rules, touted the agency's "whole new inspection and compliance tool kit," including access to farm records, mandatory recall authority, and enforcement actions that can be accomplished administratively, "without having to go to court." He said the agency can now also revoke a farm's mandatory registration (also a new requirement under the law), meaning the FDA can put any farm it finds in violation of any food safety rule out of business.
Why the hell must I get a doctors prescription to get an x-ray from an imaging company, but the TSA repeatedly x-rays passengers?
2. All supplement companies must REMOVE their products from “interstate commerce” for the 75 days after the FDA receives their NDI applications. No product containing an NDI application ingredient may be sold in the United States or it will be considered “adulterated” by the FDA and thereby subjected to confiscation.
(3) Without the FDA’s new approval, nutritional supplements will all be labelled “adulterated” and potentially confiscated at gunpoint by the FDA.
(4) Nearly all dietary ingredients will be required to receive new approval by the FDA due to the agency’s broad definition of “adulterated. So, if you sell vitamin C to adults and it’s approved by the FDA as a dietary ingredient, you will need a NEW application and approval if you now sell that same vitamin C to children.
Companies that sell dietary supplements containing ingredients that have not been approved under these new FDA regulations will be accused of selling “adulterated” ingredients and can have their inventory seized by federal marshals or have their company founders arrested for selling “adulterated drugs” even though they might only be vitamins or herbs.
These proposed regulations are NOT a law under the control of Congress. Neither the House nor the Senate has any control over this. The FDA can simply issue these regulations on its own, regardless of what publicly elected officials want the agency to do.
The real kicker in all this? Synthetic molecules that mimic dietary supplements (i.e. those used in pharmaceuticals) are EXEMPTED from all these requirements! So synthetic molecules need no approval from the FDA, while the natural ones do! This conveniently exempts the pharmaceutical vitamin companies who use synthetic vitamin chemicals rather than natural, full-spectrum nutrients.
