Tuesday, June 30, 2009
Suppressed EPA Report Opposing CO2-Warming Theory Now Available
http://wattsupwiththat.com/2009/06/27/released-the-censored-epa-document-final-report/
Comments on Draft Technical Support Document for Endangerment Analysis for Greenhouse Gas Emissions under the Clean Air Act. by Alan Carlin
DOWNLOAD REPORT 4 MB
http://wattsupwiththat.files.wordpress.com/2009/06/endangermentcommentsv7b1.pdf
Interesting Interview with Dr. Tim Ball on CO2 Climate Issue
Monday, June 29, 2009
Avoiding Stalinism in Honduras
http://online.wsj.com/article/SB124623220955866301.html
Honduras Defends Its Democracy
Fidel Castro and Hillary Clinton object.
By MARY ANASTASIA O'GRADY
Hugo Chávez's coalition-building efforts suffered a setback yesterday when the Honduran military sent its president packing for abusing the nation's constitution.
It seems that President Mel Zelaya miscalculated when he tried to emulate the success of his good friend Hugo in reshaping the Honduran Constitution to his liking.
But Honduras is not out of the Venezuelan woods yet. Yesterday the Central American country was being pressured to restore the authoritarian Mr. Zelaya by the likes of Fidel Castro, Daniel Ortega, Hillary Clinton and, of course, Hugo himself. The Organization of American States, having ignored Mr. Zelaya's abuses, also wants him back in power. It will be a miracle if Honduran patriots can hold their ground.
That Mr. Zelaya acted as if he were above the law, there is no doubt. While Honduran law allows for a constitutional rewrite, the power to open that door does not lie with the president. A constituent assembly can only be called through a national referendum approved by its Congress.
But Mr. Zelaya declared the vote on his own and had Mr. Chávez ship him the necessary ballots from Venezuela. The Supreme Court ruled his referendum unconstitutional, and it instructed the military not to carry out the logistics of the vote as it normally would do.
The top military commander, Gen. Romeo Vásquez Velásquez, told the president that he would have to comply. Mr. Zelaya promptly fired him. The Supreme Court ordered him reinstated. Mr. Zelaya refused.
Calculating that some critical mass of Hondurans would take his side, the president decided he would run the referendum himself. So on Thursday he led a mob that broke into the military installation where the ballots from Venezuela were being stored and then had his supporters distribute them in defiance of the Supreme Court's order.
The attorney general had already made clear that the referendum was illegal, and he further announced that he would prosecute anyone involved in carrying it out. Yesterday, Mr. Zelaya was arrested by the military and is now in exile in Costa Rica.
It remains to be seen what Mr. Zelaya's next move will be. It's not surprising that chavistas throughout the region are claiming that he was victim of a military coup. They want to hide the fact that the military was acting on a court order to defend the rule of law and the constitution, and that the Congress asserted itself for that purpose, too.
Mrs. Clinton has piled on as well. Yesterday she accused Honduras of violating "the precepts of the Interamerican Democratic Charter" and said it "should be condemned by all." Fidel Castro did just that. Mr. Chávez pledged to overthrow the new government.
Honduras is fighting back by strictly following the constitution. The Honduran Congress met in emergency session yesterday and designated its president as the interim executive as stipulated in Honduran law. It also said that presidential elections set for November will go forward. The Supreme Court later said that the military acted on its orders. It also said that when Mr. Zelaya realized that he was going to be prosecuted for his illegal behavior, he agreed to an offer to resign in exchange for safe passage out of the country. Mr. Zelaya denies it.
Many Hondurans are going to be celebrating Mr. Zelaya's foreign excursion. Street protests against his heavy-handed tactics had already begun last week. On Friday a large number of military reservists took their turn. "We won't go backwards," one sign said. "We want to live in peace, freedom and development."
Besides opposition from the Congress, the Supreme Court, the electoral tribunal and the attorney general, the president had also become persona non grata with the Catholic Church and numerous evangelical church leaders. On Thursday evening his own party in Congress sponsored a resolution to investigate whether he is mentally unfit to remain in office.
For Hondurans who still remember military dictatorship, Mr. Zelaya also has another strike against him: He keeps rotten company. Earlier this month he hosted an OAS general assembly and led the effort, along side OAS Secretary General José Miguel Insulza, to bring Cuba back into the supposedly democratic organization.
The OAS response is no surprise. Former Argentine Ambassador to the U.N. Emilio Cárdenas told me on Saturday that he was concerned that "the OAS under Insulza has not taken seriously the so-called 'democratic charter.' It seems to believe that only military 'coups' can challenge democracy. The truth is that democracy can be challenged from within, as the experiences of Venezuela, Bolivia, Ecuador, Nicaragua, and now Honduras, prove." A less-kind interpretation of Mr. Insulza's judgment is that he doesn't mind the Chávez-style coup.
The struggle against chavismo has never been about left-right politics. It is about defending the independence of institutions that keep presidents from becoming dictators. This crisis clearly delineates the problem. In failing to come to the aid of checks and balances, Mrs. Clinton and Mr. Insulza expose their true colors.
Saturday, June 27, 2009
Fascinating New Website on Natural Health Issues
Political Betrayal in Progress Regarding Agricultural and Other Freedoms
* Random Warrantless Searches of Business Records.
* Establishing a Tracing System for Food.
* Severe Criminal and Civil Penalties.
* Annual Registration Fee of $500.
From: Weston A Price Foundation <info@westonaprice.org>
Dear Members,
HR2749, the "Food Safety Enhancement Act of 2009" has passed out of committee and is now on the floor of the house. As you can see from the FAQs below, this bill would be an absolute disaster for small farms and artisan food production.
Defeating this bill is our most urgent priority at the moment. Please take a moment to read the Frequently Asked Questions below and then proceed with the Action items as best you are able. We will need the concerted efforts of thousands to defeat this dismal piece of legislation.
More HR 2749 information is posted through links at http://tinyurl.com/mnm34s
Anyone with additional questions is encouraged to contact the Farm-to-Consumer Legal Defense Fund directly by calling 703-208-3276 or emailing info@farmtoconsumer.org
Sincerely,
Sally Fallon Morell
ACTIONS TO TAKE
1. Call Your Representatives
Personal contact is an effective way to change hearts and minds. To find your representatives, use the finder tool at www.Congress.org or call the Capitol Switchboard at 202-224-3121. When contacting your representatives, use examples from the FAQs to explain your opposition to HR 2749.
2. Sign the Petition
3. Donate to the Fund
Help the Fund continue its valuable service - helping small farmers and protecting your access to quality food. http://tinyurl.com/lja2vj
======
FREQUENTLY ASKED QUESTIONS (FAQs)
HR 2749 - Food Safety Enhancement Act of 2009
Q1: Does FDA have jurisdiction over INTRAstate commerce?
A1: As a federal agency, the FDA has jurisdiction over INTERstate commerce. For example, the prohibited acts regarding adulteration and misbranding in the current Federal Food, Drug and Cosmetic Act (FFDCA) all refer to INTERstate commerce. However, the existing law states that "in any action to enforce the requirements of [FFDCA] . . . the connection with INTERstate commerce required for jurisdiction in such action shall be presumed to exist." [1a] Combined with court decisions addressing the connection between INTRAstate and INTERstate commerce, it is unclear what kind of showing defendants would have to make to rebut the presumption and avoid federal regulation. The agency's regulatory power is limited to commerce, however, so non-commercial activities (such as growing your own vegetables for personal consumption) are not regulated.
Under current law, a business qualifying as a "food facility" must register with FDA, even if that business only engages in INTRAstate commerce. [1b] In addition, the agency can inspect the records of a business that engages solely in INTRAstate commerce if there is a "reasonable belief that an article of food is adulterated and presents a threat of serious adverse health consequences or death to humans or animals." [1c]
[1a] 21 USC 379(a)
[1b] 21 USC 350(d)
[1c] 21 USC 350(c)
Q2: Would HR 2749 expand the FDA's regulation of INTRAstate commerce?
A2: Yes. Under HR 2749, FDA's regulatory control over INTRAstate commerce would grow considerably. The bill would allow for inspections of firms whose business is strictly within a State. [2a] It would impose, among other requirements, a mandate for all firms in the food business to comply with national performance standards for various foods set by the Department of Health and Human Services (HHS). [2b] It would also require most firms in the food business to establish a traceback system for their products, even if those products never cross State lines. [2c]
[2a] Section 105(a)-pp. 42-43
[2b] Section 103(b)-pp. 36-37
[2c] Section 107(c)-p. 54
Q3: I have a garden and sell produce at a road-side stand on my property. Would HR 2749 apply to me?
A3: Yes, you would now have to follow federally-established standards for growing produce. [3a] Produce not grown as required by these standards would be considered as adulterated under the Federal Food, Drug and Cosmetic Act (FFDCA). [3b] Further, you would be required to make your business records available to FDA inspectors. [3c] The inspectors would have the power to show up unannounced without a warrant to search your records without any evidence whatsoever that you have committed a violation of the law. If you refuse to let the inspector see your records, you would be guilty of adulteration under FFDCA. [3d]
[3a] Section 104(b)-pp. 38-41
[3b] Section 104(a)-p. 38
[3c] Section 106(a)-p. 48
[3d] Section 207(a)-pp. 119-120
Q4: I sell produce from my garden at a local farmers market, under HR 2749 would I have to register as a "food facility" with FDA?
A4: Farms are exempt from the registration requirement under current law. [4a] HR 2749 would not eliminate this exemption. "Farm" is narrowly defined under current regulations [4b]; so, it is possible that many farms that have not registered in the past, could be required to do so if FDA has more resources at its disposal to enforce registration.
For example, a farm that sells vegetables straight from the garden (i.e., no processing) would not be a "food facility". If FDA strictly interprets the definition of "farm", a farm that sells canned vegetables at the market would be a "food facility" because canning is considered "processing" under the law. [4c] Under federal regulation, a farm that processes food would not be considered a "farm" for purposes of the registration requirement unless ALL of the processed food is consumed ON the farm. [4d]
Under HR 2749, those who sell vegetables from the garden at farmers markets would be required to follow federal standards for growing produce [4e]; and their business records would be subject to random warrantless searches by FDA inspectors even if the agency has no evidence of any violation of the law. [4f-see Q3/A3 above]
[4a] 21 USC 350d
[4b] 21 CFR 1.227(3)
[4c] 21 CFR 1.227(6)
[4d] 21 CFR 1.227(3)
[4e] Section 104(b)-pp. 38-41
[4f] Section 106(a)-p. 48
Q5: I own a bakery and sell my goods at a local farmers market, how would HR 2749 apply to me?
A5: HR 2749 would apply to you in the following ways:
1 - Your bakery would qualify as a "food facility" and you would need to register with FDA each year [5a] and pay an annual fee ($500 in 2010 [5b], and increasing in future years as indexed for inflation [5c]).
2 - You would have to register in electronic format. [5d]
3 - You would be required to have a unique facility identifier number. [5e]
4 - You would be required to conduct an analysis identifying potential hazards at your food facility; and you must implement controls to prevent those hazards from occurring as well as a plan for what to do in the event that any do occur. [5f]
6 - You would also be required to establish and maintain a system for tracing the food you produce. It is uncertain at this point what this traceability system will require, but the requirements are likely to be extensive.
[5h]
[5a] Section 101(b)-p. 6 [4b] Section 101(b)-p. 13
[5c] Section 101(c)-p. 14
[5d] Section 101(b)-p. 7
[5e] Section 206(a)-p. 118
[5f] Section 102(a)-p. 21
[5g] Section 102, sec 418A(a)-p. 28
[5h] Section 107(c)-p. 54-58
Q6: What will a FOOD SAFETY PLAN involve?
A6: Your FOOD SAFETY PLAN would have to include a hazard analysis that identifies potential hazards in your operation. The plan must also include descriptions of a variety of procedures you follow to prevent hazards from occurring and corrective actions to take if any does occur. In addition, you would need to describe your procedures for recordkeeping, conducting recalls, and traceback. Further, the plan must include how you ensure a "safe and secure food supply chain" for the items and ingredients you use as well as how you implement any science-based performance standards required by FDA. [6a]
[6a] Section 102, sec 418A(b)-pp. 29-30
Q7: I have read a summary of HR 2749 and am alarmed by the provision giving the Department of Health and Human Services (HHS) the power to quarantine any geographic area within the country. How broad is this power?
A7: Under HR 2749, the HHS Secretary would have the power to prohibit ALL MOVEMENT of ALL FOOD within a geographic area. No court order is needed to exercise this power. The Secretary only has to notify the appropriate official of the State(s) affected and issue a public announcement. [7a]
[7a] Section 133(b)-pp. 98-99
Q8: I am a raw milk consumer. Is it true that under HR 2749 would give FDA the power to institute a complete ban on the sale of raw milk?
A8: Yes, HR 2749 requires the HHS Secretary to issue "science-based performance standards . . . applicable to foods or food classes." The Secretary is to "identify the most significant foodborne contaminants and the most significant resulting hazards . . . and to minimize to an acceptable level, prevent or eliminate the occurrence of such hazards." [8a] FDA would have the power to make pasteurization of all raw milk a performance standard. Based on both its public statements and its record of taking enforcement actions against farmers, FDA is vehemently opposed to the consumption of raw milk and would like to ban its distribution.
Even if FDA does not issue a performance standard requiring pasteurization, the likelihood is that if HR 2749 passes into law, the agency will be increasing its enforcement actions against raw milk producers whose products cross state lines. FDA has indicated that raw milk is a priority item with the agency; with the passage of HR 2749, it would have much greater resources to go after raw milk than it did before. FDA could take enforcement action directly or through state agencies funded by FDA.
The way to stop this threat is to support HR 778, a bill that would, in effect, end the ban on raw milk for human consumption in interstate commerce. [8b] If you have not already done so, contact your Representative and Senators asking them to co-sponsor and/or vote for HR 778. You may send a message to them through the petition service by clicking on "Support HR 778 Now" at http://tinyurl.com/lwble7
[8a] Section 103(b)-p. 37
[8b] 21 CFR 1240.61
Q9: I purchase products from an Amish producer who has said he would not register his facility because the electronic filing requirement violates his religious beliefs. What are the criminal and civil penalties he could be facing if he is charged with violating the law?
A9: Under HR 2749, failing to register a food facility would constitute "misbranding." [9a] If any of the "misbranded" products are introduced or "delivered for introduction into interstate commerce", the producer could be sentenced to up to ten years and be assessed criminal fines. [9b] Under HR 2749, anyone knowingly violating certain prohibitions contained in the FFDCA such as the prohibition against introducing adulterated or misbranded food in interstate commerce, could face these penalties.
In addition, the Amish producer could be facing substantial civil penalties. Under HR 2749, any individual who knowingly violates a provision of section 331 of FFDCA (prohibited acts) relating to food, can be fined up to $100,000; a corporation can be fined up to $7.5 million. [9c]
[9a] Section 101(a)-p. 6
[9b] Section 134-p. 100
[9c] Section 135(a)-p. 101
Q10: I'm a farmer who sells products direct to consumers. I want to protect the privacy of those who purchase from me and do not want to turn over to FDA any customer information I have in my records. What are the potential penalties if I refuse?
A10: Under HR 2749, FDA would have access to all records relating to the food producer's distribution of products. Failing to provide records to FDA would constitute adulteration. [10a] The criminal penalty for refusing access to records would be up to ten years imprisonment. [10b] The civil fines could be up to $100,000 for an individual and $7.5 million for a corporation. [10c]
[10a] Section 207(a)-pp. 119-120
[10b] Section 134-p. 100
[10c] Section 135(a)-p. 101
More HR 2749 information is posted through links at http://tinyurl.com/mnm34s
New Resources on Health Hazards of Low-Level Electromagnetic Exposure
EMF Refugee - Yahoo Group
http://tech.groups.yahoo.com/group/emfrefugee
Date: Sat, 27 Jun 2009 21:50:35 +0700
Subject: EMR-Updates: June 26th, 2009 (Part One)
From: Paul Doyon <emfrefugee@gmail.com>
EMR-Updates: June 26th, 2009 (Part One)
International Coalition for an Electromagnetic-Safe Planet (IC-ESP)
Education! Awareness! Support! Action!
- AJudge Bans a GSM Phome Mast Because of the Health Hazard
- Kamionki: Photos of an Environmental and Health Scandal
- June Issue of EMR and Health Now Available
- A New Short Clip About EMR Emitted by WiFi Routers
- FDA Protects Your Pets >From Mercury, But Not You -- Until Now
- Cindy Sage on the Australian EMF Standard
- Eileen O'Connor's Response to John Lincoln on the Draft Australian Standard
- In Japan It's Raining Tadpoles
- Minister Clement Says Residents Concerns "Not Valid."
- Protection Against Radiation from Cell Phone Masts
- InterPhone DECT Flaws Highlighted by New Swiss Study
- WiMax Turns Metro Atlanta Into Giant Wireless Hotspot
______________________________
Sunday, June 21, 2009
OBRL-News-Blog Switching to WordPress
I strongly complained on a Blogger discussion group, which I am informed is watched by some Blogger moderators, but never heard back anything. About a month later -- again without any notification or explanation -- the website re-appeared. We are glad about that, but this is patently irresponsible and unprofessional behavior. Consequently and subsequently, we set up a new OBRL-News Blog at wordpress.com, which was quick and simple to do, and seems to be a friendlier bunch of people anyhow.
So we encourage you to change the URL in your browser for OBRL-News, from this one at blogger.com to the new one at wordpress.com, where the postings contiinue:
http://obrlnews.wordpress.com/
Thanks very much for your interest.
James DeMeo, PhD
Director of OBRL and the OBRL-Blog
http://www.orgonelab.org
http://www.saharasia.org
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