Sorry for any inconvenience resulting from my being co concerned about the 
confusion circulating regarding this HR 875 (I like to eat ;-)  ... this 
follow-up should 'do-it' unless/untill some major 'revelation' arises: ;-)

====

excerpts:

thudson said: "Please point out what text prohibits backyard gardening. 
Also, you should divulge any consulting contracts you have with interested 
parties."

The bill does not explicitly prohibit backyard gardening. What is does is 
include backyard gardens in the definition of Food Production Facilities. 
Here's the definition (section 3-14)
-------------------------------------- 
(14) FOOD PRODUCTION FACILITY- The term 'food production facility' means 
any farm, ranch, orchard, vineyard, aquaculture facility, or confined 
animal-feeding operation.
--------------------------------------- 
This is a broad definition that could include backyard gardens, a backyard 
chicken pen with 2 or 3 hens, a backyard bee hive, etc. One might hope that 
regulations and courts would clarify the law in such a way as to exempt food 
produced for one's own use. But don't forget U.S. Supreme Court decisions, 
such as the New Deal era opinion which held that a farmer growing corn to 
feed his own pigs was engaged in interstate commerce, because growing his 
own corn meant that he did not purchase as much corn, thus having an effect 
on the interstate market for corn. Having laws on the books that could 
conceivably be construed in such as way as to regulate backyard or homestead 
food production is awfully risky.

In addition to this, the law could very well put small farmers out of 
business, as it is generally far more burdensome for them to comply with 
regulations than it is for large companies -- plus small farmers do not have 
the wherewithal to bribe regulators, whereas large corporations do (I use 
the term bribe somewhat broadly to include such things as free trips, pretty 
women, and cases of expensive whiskey).

 
##########
From: Elizabeth Walter

regarding:
'Because the language is so broad, it could arguably include backyard urban 
farmers, and the regulations may be overly burdensome on small farmers'. 
That is a big difference from what some have said about the bill, i.e. that 
it  "outlaws organic farming,", or saying this bill is drafted by Monsanto 
and that Monsanto will be calling the shots etc.

As I mentioned in a previous post, Congressman Jim McDermott's office 
suggested that if there are concerns, then farmers' market organizations and 
small farmers cooperatives  band together and lobby the co-sponsors to add 
limiting language excluding backyard farmers, small farms, and farmers 
markets.

I believe I saw language in the bill allowing for a variance to some of the 
regs if the food production facility can show that its policies/procedures 
will accomplish the same end.  This could be used by small farmers if the 
regs are overly burdensome.   However, it would benefit such farmers if they 
could get explicit language limiting or excluding them from the regs if they 
feel they are overly burdensome.



more here:
Re: HR 875 Food Police: Criminalizing Organic Farming & Backyard Gardners
http://groups.yahoo.com/group/Self-Contained/message/197




----- Original Message ----- 
From: smacko 
To: [email protected] 
Sent: Tuesday, March 17, 2009 7:29 AM
Subject: Lose Your Property for Growing Food? Fines up to $1 Million




WND Exclusive 
GROUND CONTROL
Lose your property for growing food?
Big Brother legislation could mean prosecution, fines up to $1 million
March 16, 2009
Chelsea Schilling
© 2009 WorldNetDaily
http://www.wnd.com/index.php?fa=PAGE.view&pageId=92002

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