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Saturday, April 23, 2011

Freedom of Health Speech and Conscience Amendment - The Food Freedom Amendment













The 112th Congress --
Help Educate Decision Makers!
Adopt Protective Legislation!
04.22.11 Update: Support H.R. 1364; Oppose S.216
Free Speech for Health & Food Claims!
Representatives: Please Reintroduce the
Provisions of these Bills from the 111th Congress:
H.R. 4913, the Free Speech About Science Act
H.R. 3394, the Freedom of Health Speech Act and
H.R. 3395, the Health Freedom Act

Freedom of Health Speech and Conscience Amendment
The Food Freedom Amendment

‎"Unless we put medical freedom into the Constitution, the time will come when medicine will organize itself into an undercover dictatorship. To restrict the art of healing to one class of men and deny equal privileges to others will constitute the Bastille of medical science. All such laws are un-American and despotic.” Dr. Benjamin Rush – Physician and Signer of the Declaration of Independence.

Our freedom of health is constantly under attack: UPDATE: S.216, Senator Leahy's (D-VT) disastrous and unconstitutional bill that would put anyone in jail for ten years if the FDA later decides your language about food was intentionally false and put people at risk. This bill has now passed the US Senate and has been sent over to the House. The food controllers have attempted to include this criminalization of speech about food bill in the so-called FDA "Food Safety" (actually food control) Modernization Act of 2010, but with regard to that provision and other similarly draconian provisions, our PUSH BACK worked... last year.

Now it's a new year and a new Congress are up to their old tricks! Please contact your Congress person immediately and let them know you want food freedom and your First Amendment rights respected and honored. Please disseminate this information as widely as possible: Our First Amendment AND Food Freedom, are at RisK! if this bill passes the House!

What is Food Freedom -- the right to obtain wholesome, natural foods (non-toxic, nonGMO) on the open market, produced as locally as possible -- is an important part of Health Freedom. The 111th Congress betrayed that Freedom by adopting the so-called FDA Food Safety [sic] Modernization Act, S.510-/HR.2751 - really a food control bill that attacks our local, wholesome food production and distribution. The new Congress must redress this grievance!

According to the World Health Organization, the chief world health problems are the "noncommunicable diseases of under and mal-nutrition" -- heart disease, diabetes, cancer and obesity. These appear to be "standard" conditions of modern life (to which we would add the world-wide plague of autism spectrum disorders, caused by exposing our children to intolerable levels of environmental toxins, including those present in vaccines and other drugs).

All of these conditions can be prevented and "treated" with natural, wholesome foods, including herbs, dietary supplements and natural remedies. Thus Food Freedom is a necessary ingredient in Health Freedom and the Innerlight Biological Health and Research Foundation seeks to educate decision makers... which means both officials and the public... about the need to provide legal protection for our Health and Food Freedoms -- to redress grievances and protect the public.

04.10.11 Update - H.R. 1364: We are pleased to note several members of Congress have introduced a new bill that incorporates some of the provisions for which we are urging support. The new bill allows manufacturers of dietary supplements and healthy foods to:

--Cite legitimate scientific research.
--Provide a clear definition of the types of research that may be referenced.
--Ensure that referencing such research does not convert a food or dietary supplement into an unapproved (and therefore illegal) new drug.
--Retain the authority of FDA and FTC to pursue any fraudulent and misleading statements.
This bill is entitled the Free Speech About Science Act (HR 1364) and was introduced in the House of Representatives April 2011 by Congressmen Jason Chaffetz (R-UT) and Jared Polis (D-CO).

Read more about the Bill on Foundation Trustee Ralph Fucetola JD's blog: HR 1364 and the Struggle for Health and Food Freedom
http://vitaminlawyerhealthfreedom.blogspot.com/2011/04/free-speech-about-science-act-hr-1364.html

In addition to pro-health and food freedom bills, Sen. Leahy introduced (and the Senate quickly passed) S.216 which increases criminal penalties for speech about food that the FDA later decides was false. This a very dangerous bill that ought to be stopped in the House!

S.216: "Any person who violates subsection (a), (b), (c), or (k) of section 301 with respect to any food -- (A) knowingly and intentionally to defraud or mislead; and (B) with conscious or reckless disregard of a risk of death or serious bodily injury, shall be fined under title 18, United States Code, imprisoned for not more than 10 years, or both."

Foods or dietary supplements that may be of benefit for health conditions are, according to the FDA, unapproved "drugs." Representatives Jason Chaffetz (R-UT) and Jared Polis (D-CO) the co-chairs of the Dietary Supplement Caucus, introduced the Free Speech about Science Act -- H.R. 4913 into the 111th Congress. This bill would ensure our basic Free Speech in health matter, end censorship and, according to observers, "enable the natural health products community to share peer-reviewed scientific findings about natural health products with the public..."

We have long urged support for Representative Ron Paul’s bills from the 111th Congress - HR 3394, the Freedom of Health Speech Act, and HR 3395, the Health Freedom Act.

Reintroducing these bills in the 112th Congress will offer the possibility of a real turn-around in US law; finally supporting the intent of the Dietary Supplement Health and Education Act of 1994 (DSHEA) that we have broad freedom to use food for heatlh and fully rejecting the FDA's discredited public policy of "HARMonizing" our rights with international Codex Alimentarius (so-called World Food Code) restrictions.

In addition, we support two other Health and Food Freedom Iniatives: (1) the Health Freedom Amendment and (2) the Food Freedom Amendment.

The Health Freedom Amendment is a complex proposal to amend US law and can be found in detail here: http://www.healthfreedomusa.org/?p=5359 --- some of its language outlined in the Details section below.

The Food Freedom Amendment is aimed at making it clear there is no Federal oversight authority with regard to local, non-factory-farm food production and distribution; this would greatly reduce the impact of the fake "Food Safety" act of 2010. This language would protect such food sources as organic or natural farms, community and home gardens, raw milk producers and the like. The wording of the Amendment is:

"No provision of Federal Law giving regulatory oversight to any Federal department or agency shall be deemed to apply (a) to any home, home-business, homestead, home or community gardens, small farm, organic or natural agricultural activity, (b) to any family farm or ranch, or (c) to any natural or organic food product, including dietary supplements, as protected under the Dietary Supplement Health and Education Act of 1994.”

The Free Speech about Science Act -- H.R. 4913 from the 111th Congress ought to be reintroduced in the new Congress, and this Action Item recommends that step to your representatives in Congress and asks them to become co-sponsors, moving this bill to rapid adoption. We also begin to educate Congress on the need to enshrine these important freedoms in the US Constitution, as the Freedom of Health Speech and Conscience Amendment!

But first, the bill starts with a "finding of fact" by Congress-

"The Congress finds the following:
(1) Federal regulators have forbidden--
(A) cherry growers and food producers to cite independent and respected scientific research on their produce that references health benefits; and
(B) a variety of dietary supplement makers to cite independent scientific research on health benefits from supplements from respected, peer-reviewed scientific journals.
(2) Americans want access and have a right to access legitimate scientific information about foods and dietary supplements to ensure informed decisions about diet and health care. While the American public is inundated daily with advertisements about prescription drugs for health conditions, many of which could be prevented through lifestyle changes, proper nutrition, and informed use of dietary supplements, Americans are denied access to the very information that assists in making informed lifestyle and health care decisions.
(3) Providing access to scientific information promotes self-responsibility, thereby empowering Americans to exercise independent judgment in caring for themselves and ultimately reducing health care costs and improving quality of life.
(4) The United States has a long commitment to the free dissemination of scientific research with the exception of limited extreme situations for national security. This commitment goes back to the First Amendment to the Constitution and has contributed vitally to the Nation's economic progress."

And then continues to hold that health claims should be permitted anytime,

"the claim is based on legitimate scientific research...mean[ing] scientific research, whether performed in vitro, in vivo, in animals, or in humans, that -- (i) is conducted in accordance with sound scientific principles; (ii) has been evaluated and accepted by a scientific or medical panel; and (iii) has been published in its entirety, or as an accurate, balanced summary or scientific review including a citation to the research in its entirety, in -- (I) a peer-reviewed article or book; (II) a recognized textbook; (III) a peer-reviewed scientific publication; or (IV) any publication of the United States Government (including ones published by or at the request of a Federal department, agency, institute, center, or academy)."

It's just that simple; legitimate scientific research without FDA and FTC bureaucrats preventing "truthful and not misleading" speech about the health benefits of natural solutions.

The Action Item below urges the adoption of this Free Speech about Science bill, Dr. Paul's two bills, and also introduces the concept of a Health Freedom Amendment. You can read more about the proposed Amendment at: http://www.healthfreedomusa.org/?p=5359 -- the proposed Amendment begins:

"No individual (including a minor through his or her parents) may be denied, by any person or agency acting under color of law: Access to any desired health care services, including those known as standard, conventional, alternative, advanced or complementary health care services, with fully informed consent; Access to all health care information for which there is at least a scintilla of evidence; Access to food, food components, contents or substances, including vitamins, minerals, amino acids, herbs, pro-biotics, pre-biotics, their precursors and metabolites; such components, content and/or substances may be offered with, or associated with, claims for their health benefits, without prior government approval and without limit as to mode of application..."

And continues (in part):

"No individual (including a minor through his or her parents) shall be exposed to genetically modified or degraded food without his or her consent... No individual (including a minor through his or her parents) shall be subject to involuntary medication (including vaccination) or any other involuntary medical treatment.."

For many years, the plan to capture – and kill – clean, local, organic, independent and safe farming, and impose the restrictions on Health and Food Freedom found in Codex Alimentarius (the so-called World Food Code) along the way, was pushed through Congress. Last year, the devastating HR.2751 (incorporating S.510) passed the lame-duck Congress and was signed by the White House, although we put up a good battle, delaying it for quite a while. Strong public PUSH BACK changed the bill, removing some of its most onerous provisions and adding in a few bits of small-production protection. The election of November 2010 shows that there is no longer any public support for this type of Federal power grab.

Now we think it is more than time to go on the offensive. We need to demand redress for our grievances and petition Congress to adopt laws to protect our Health and Food Freedoms from bureaucratic government interference.

Demand protection for your fundamental rights!

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