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the agency was able to trace the animals without then passed on the second attempt. Specifically,
NAIS, it still chose to prosecute Monchilovich. the bill includes a definition for “retail food
Another case remains pending against establishments” that allows for some cottage
Emanuel Miller, Jr., an Amish farmer who has level processing without FDA regulation. The
refused to register on religious grounds. In fact, amendments also inserted some exemptions in
most of the Old Order Amish communities have the registration and record-keeping sections of
refused to register, and the State is using Miller the bill for farmers selling direct to consumers.
as a test case. At a hearing on September 23rd, But HR 2749, as passed, still directs FDA to set
the Judge asked for briefing on the question of standards for how farmers grow and harvest
whether mandatory premises registration bur- some types of produce, such as leafy greens, even
dened Miller’s religious beliefs and whether the for the small farmers selling directly to consum-
State has a compelling interest in the program. A ers. The bill also puts local facilities processing
team of volunteer attorneys submitted an amicus local foods for local markets under the same
curiae (“friend of the court”) brief supporting regulatory regime, and paying the same fees,
Miller, signed by twenty-two organizations that as the major industrialized agribusinesses, like
support farming and individual freedom. Dole or Del Monte. As a whole, the bill could be
The brief discusses the Amish community’s disastrous for local foods.
sincere religious belief that they cannot register Then the Senate began its process. In No-
their property because NAIS may lead to the vember, the Senate Committee on Health, Edu-
“Mark of the Beast” and denial of salvation. cation, Labor & Pensions (HELP) approved S.
The brief then explains the history of premises 510, the Senate version of HR 2749. While FDA
registration and NAIS, showing how they are claimed at a hearing that the bill only covers
different from other government requirements. food in interstate commerce, the language of
Although the State of Wisconsin has a compel- the bill does not contain any such limitation and
ling interest in livestock health, NAIS and man- would impose sweeping regulations on all farms
datory premises registration do not further that and food processors. On its face, the bill applies
interest. The State presented no evidence that to any farm or food producer, regardless of the Authorizing
premises registration would be effective even size or scope of distribution. Despite grassroots
for the limited purpose of traceback and did not protests, the HELP Committee did not address the FDA to
address the inherent problems with the databases the concerns of small producers. apply a
and flawed assumptions behind the program. Both bills place significant emphasis on HACCP system
Ultimately, the State’s claimed need to know the the HACCP process, which stands for Hazard
location of every animal is unachievable even Analysis and Critical Control Point. Although to small, local
with mandatory premises registration. The brief the concept of preventative controls is a good foods
also explained that evidence shows mandatory one, the USDA’s implementation of HACCP, processors
premises registration may actually harm animal with its requirements to develop and maintain
health because of its reliance on random numbers extensive records, has already proven to be an could drive
generated by a centralized computer system. overwhelming burden for a significant number many of them
The full brief is available on FARFA’s web- of small, regional meat processors across the out of business
site. A decision in the case is expected in early country. In the meat industry, HACCP has re-
2010. sulted in fewer independent inspections of the without truly
large slaughter plants where pathogens such as improving the
FOOD SAFETY BILLS E. coli originate. At the same time, the USDA safety of the
On July 30, the U.S. House passed HR 2749, has imposed sanctions on small, regional proces-
to overhaul the Food and Drug Administration’s sors due to paperwork violations that posed no food processed
(FDA’s) food safety system. The first attempt to health threat. Authorizing the FDA to apply a in large,
pass the bill actually failed, due in part to objec- HACCP system to small, local foods processors centralized
tions by the sustainable agriculture community. could drive many of them out of business without
The sponsor made a few changes to provide some truly improving the safety of the food processed processing
relief for the local foods movement, and the bill in large, centralized processing plants. plants.
WINTER 2009 Wise Traditions 71