FDA claims power to seize food without evidence of contamination
Rady Ananda, Contributing Writer
A few hours ago, the Food and Drug Administration declared it no longer needs credible evidence to seize food that may be contaminated. Ignoring the Fourth Amendment entirely, the FDA claims that based on mere suspicion that a food product has been contaminated or mislabeled, and that serious illness or death will result, it can hold the food for 30 days while it then looks for evidence. It claims this power under the Food Safety Modernization Act, which President Monsanto, I mean, Obama, signed in January.
On May 4th, the FDA stated:
Previously, the FDA’s ability to detain food products applied only when the agency had credible evidence that a food product presented was contaminated or mislabeled in a way that presented a threat of serious adverse health consequences or death to humans or animals.
Beginning July, the FDA will be able to detain food products that it has reason to believe are adulterated or misbranded for up to 30 days, if needed, to ensure they are kept out of the marketplace. The products will be kept out of the marketplace while the agency determines whether an enforcement action such as seizure or federal injunction against distribution of the product in commerce, is necessary.
Credible evidence no longer applies, it seems.
The Fourth Amendment states:
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”