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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.

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