The truth about S. 510. Hint, it won’t outlaw your garden.

There are some misconceptions going around Tea Party circles about the food safety act S510.  Here are the concerns and what is really in the bill.

S. 510: Frequently Asked Questions/Myths

Would S. 510 outlaw home gardens and family farms? NO.  

S. 510 does not outlaw home gardens or family farms. In fact, the bill explicitly states that the produce standards “shall not apply to produce that is produced by an individual for personal consumption.”  In addition, the bill also contains an exemption from regulations for small facilities and small farms, which was purposefully included to protect America.s family farms. This includes food sold through farmers. markets, bake sales, road side stands, public events, community supported agriculture, and organizational fundraisers.

Would S. 510 criminalize seed savings?  NO.  

S. 510 does not create any new rules in regard to the practice of saving seeds for use from year to year, and does not outlaw, criminalize, or require any specific agricultural or growing practice.  

Would S. 510 outlaw traditional organic growing methods? NO.  

Section 105 of  S.510 explicitly states that new produce safety standards cannot “include any requirements that conflict with or duplicate the requirements of the national organic program.”

Would S. 510 bring everyone who grows any food under the jurisdiction of the Department of Homeland Security? NO.  

S. 510 maintains the same food safety jurisdiction that exists under current law.

Would S. 510 include new recordkeeping requirements for farms? NO.

S. 510 does not require that farms keep any new food safety-related records.  

Would S. 510 charge farms and small businesses new registration fees? NO.  

S. 510 does not charge registration fees of any kind.

Would S. 510 imprison people who sell raw milk? NO.  

S. 510 does not establish any restrictions on the sale of raw milk. The bill merely directs the FDA to review existing regulatory hazard analysis and preventive control programs in existence, such as the Grade „A. Pasteurized Milk Ordinance, before creating any new hazard analysis and preventive control rules.  

Would S. 510 require American food producers or farmers to be subject to WHO rules, UN food safety standards, or Codex Alimentarius? NO.

S. 510 requires the FDA to come up with a plan to work with foreign countries that import food into the United States to ensure that Americans who purchase imported products can be assured of their safety, but does not require the adoption of any international standards. The bill also explicitly clarifies that dietary supplements remain subject to U.S. jurisdiction, not the Codex Alimenatrius.  

Would S. 510 require farms and more facilities to register with the FDA? NO.  

Under the Bioterrorism Act of 2002, certain food businesses were considered “facilities” and had to register with FDA. Farms and restaurants were exempted. This definition is not changed in S. 510. If an entity does not need to register now, it will not need to register under S. 510.

Would S. 510 give the FDA new authority to inspect farms? NO.  

S. 510 increases inspections for registered food facilities but does not change FDA.s jurisdiction over farms.

Tbis bill is not a New World Order plot to force you to buy Monsanto corn.

About Rob "EaBo Clipper" Eno

  • I cannot understand why people are having a meltdown about this. This bill is good for everyone but bad food producers.  

  • Republican Ram Rod Radio

    I have the best garden in the US!  Peppers, (red) onion, tomatoes, summer squash, hemp, green beans, egg plant, and strawberries!  All of them delicious and nutricious!  Yeah!

  • BrocktonDave

    …Is blood running in the streets because this bill is not in place?

    Why is the federal government passing legislation that isn’t needed?

    Is it so they can create a new division and hire more inspectors?

    This is just what we need, more regulation.

    What we need is for the federal government to tax the use of outsourced labor at a prohibitive rate so we can have them start hiring Americans again.  If you want to legislate something, legislate that.

  • CVarley

    Bu it is unnecessary, overburdensome legislation.  The reality is that ‘bad food’ usually comes from outside the US.  No bill passed in Washington forces growers in Central and South America to wash vegetables.  And it will raise the cost of food in the US at a time when few can afford that to happen.  No need for tin foil hats, big government is scary enough.

  • Then what exactly does this bill do, besides grow the size of the federal government? With all of the problems we have, this is what the lame ducks come up with?

    The fact that this group thinks that this is good legislation is an indication as to why we got stomped yet again November 2nd.

  • I read on like 30 people’s Facebook today that it outlaws gardens! And I read on like 30 people’s facebook that the government is going to run into your backyard and take away your tomato garden!

    Are you saying that dozens and dozens of people on Facebook didn’t know what they were talking about?!

  • Thanks for the info.  One question not addressed here or I missed it.  SO it doesn’t affect the backyard gardener growing for personal consumption; how does it affect the road side farm stands.  Throughout the harvest season I try hard to stop at these rather than go to the large Supermarkets for fresher home grown vegetables.  

    The way I understand this bill it was due mainly to address some of the recent food scares from products coming in from various products from eggs to tomatoes.  How specifically does it prevent this or is it just another case of “not letting a crisis go to waste”?


    A procedural error could turn into quite the embarrassment for Senate Democrats, as their much-ballyhooed Food Safety Bill could be blocked by House members because it – violates the Constitution.

    See, Section 107 of the bill includes new fees classified as revenue-raising taxes, meaning that under the Constitution it should have originated in the House. That it didn’t has irked some House Democrats, especially on the Ways and Means Committee, and they might push to blue-slip the bill.

  • Regulations help the big guys because everyone else can’t afford them.

    You don’t need a tin foil hat to figure this out.

  • Regulations help the big guys because everyone else can’t afford them.