Attorneys for the federal government have argued in a lawsuit pending in federal court in Iowa that individuals have no “fundamental right” to obtain what food they choose.
The brief was filed April 26 in support of a motion to dismiss a lawsuit filed by the Farm-to-Consumer Legal Defense Fund over the U.S. Food and Drug Administration’s ban on the interstate sale of raw milk.
“There is no ‘deeply rooted’ historical tradition of unfettered access to foods of all kinds,” states the document signed by U.S. Attorney Stephanie Rose, assistant Martha Fagg and Roger Gural, trial attorney for the U.S. Department of Justice.
“Plaintiffs’ assertion of a ‘fundamental right to their own bodily and physical health, which includes what foods they do and do not choose to consume for themselves and their families’ is similarly unavailing because plaintiffs do not have a fundamental right to obtain any food they wish,” the government has argued.
WND has reported several times on fed crackdowns on producers of raw milk for friends and neighbors, including the recent case when agents arrived to inspect a private property belonging to Dan Allgyer in Pennsylvania at 5 a.m.
The incident was followed by a report a few days later that documented a proposal pending in Congress that critics say would do for the nation’s food supply what the new health-care reform law has done for health-care resources.
“S. 510, the Food Safety Modernization Act of 2010, may be the most dangerous bill in the history of the U.S.,” critiqued Steve Green on the Food Freedom blog. “It is to our food what the bailout was to our economy, only we can live without money.”
The plan is sponsored by U.S. Rep. John Dingell, D-Mich., who explains the legislation “is a critical step toward equipping the FDA with the authorities and funding it needs to regulate what is now a global marketplace for food, drugs, devices and cosmetics.”
His website explains, “The legislation requires foreign and domestic food facilities to have safety plans in place to prevent food hazards before they occur, increases the frequency of inspections. Additionally, it provides strong, flexible enforcement tools, including mandatory recall. Most importantly, this bill generates the resources to support FDA food-safety activities.”
The proposal cleared the U.S. House last year but has been languishing in the Senate because of a full calendar of projects. It creates a long list of new requirements for food-producing entities to meet the demands of the secretary of agriculture. It is expected to be the subject of discussion in coming days.
The Iowa case alleges the federal restrictions on raw milk are a violation of the U.S. Constitution, according to a report at Natural News.
The federal attorneys want the case dismissed.
“The interest claimed by plaintiffs could be framed more narrowly as a right to ‘provide themselves and their families with the foods of their own choice,’” the government document states. But the attorneys say that right doesn’t exist.
“The FDA essentially believes that nobody has the right to choose what to eat or drink,” said the Natural News site, which explains it covers topics that allow individuals to make positive changes in their health, environmental sensitivity and consumer choices.
“You are only ‘allowed’ to eat or drink what the FDA gives you permission to. There is no inherent right or God-given right to consume any foods from nature without the FDA’s consent.”
The Natural News report continued, “The state, in other words, may override your food decisions and deny you free access to the foods and beverages you wish to consume. And the state may do this for completely unscientific reasons – even just political reasons – all at their whim.”
The report cited an increasing level of frustration on the part of the federal government because of tactics including buying “cow shares” in which a consumer drinks milk from a cow he partly owns, or “buying clubs.”
“This arrangement drives the FDA absolutely batty because it bypasses their authority and allows free people to engage in the free sales of raw dairy products produced on small family farms,” Natural News said.
The report blames the aggressive campaign against raw milk on large commercial dairy interests, “because it threatens the commercial milk business.”
The reason cannot be safety, the report said, since a report from the Weston A. Price Foundation revealed that from 1980 to 2005 there were 10 times more illnesses from pasteurized milk than from raw milk.
The federal government attorneys say the FDA’s goal is to prevent disease, and that’s why the “ban on the interstate sale of unpasteurized milk” was adopted.
The attorneys conceded that states ordinarily are expected to regulate intrastate activity but noted, “it is within HHS’s authority … to institute an intrastate ban as well.”
Natural News reported the ban could be seen as violating the 10th Amendment to the U.S. Constitution, which leaves to states all powers not specifically designated in the Constitution for the federal body.
In fact, according to the Wisconsin State Journal, lawmakers there have adopted a bill, with the governor’s support, that would allow farmers to sell raw milk directly to consumers.
The move puts Wisconsin in position to be the 20th state to allow direct sales of raw milk. Another handful of states allow retail sales.