03 Feb Stop SB 1195 – direct threat to Virginia’s Farmers
SB 1195
Blatantly unconstitutional
WHY is Virginia implementing bad federal law?
Authorizes warrantless search and seizure
in violation of the Constitution.
Our IV Amendment
does not say “Except for Farmers”
Maybe our legislators should check out U.S. Supreme Court
See v. City of Seattle, and Camara v. Municipal Court, both 1967
UNDER THIS BILL –
“The Commissioner shall have free access at all reasonable hours” …so ….Inspectors can come on the property without consent or administrative plan?
WHAT CAN THEY INSPECT?
Index Most fruits and vegetables; sprouts; water; soil; waste; wild & domestic animals; growing, harvesting, packing, holding activities; equipment, tools, buildings, sanitation; farm records.
WHAT CAN THEY DO IF THEY THINK THERE IS A VIOLATION?
They are “authorized at all times to seize, take possession of, condemn, destroy, or require the destruction of any covered produce on a farm [in violation].”
Levy horrific fines – $1,000 per violation, per day.
CAN A FARMER APPEAL?
Nobody can find a way in this legislation for a farmer to appeal. There are NO REMEDIES. [After a few days, why bother…produce is worthless] What about remedies when inspectors exceed or abuse authority, destroy good product, trespass on areas beyond their jurisdiction, etc.? What about penalties for inspectors demanding bribes?
FOLLOW THE MONEY –
$3 million from the feds to pay for these inspections …WHY? [Because the feds don’t have the man power to do them?]
Levy horrific fines – $1,000 per violation, per day. [Are they helping to balance the budget on the backs of farmers?]
Excludes farms under $25,000. Is this $25K applied only to a farm’s produce production? Gross? Net?
Senator Richard Stuart (R-Stafford), said on the floor of the Senate Wednesday that no one else on his Agriculture and Natural Resources Committee wanted to carry the bill so, as Chairman of that committee, “he had to do it.” He said that “no one wants to carry a bill like this,” and that it was time …….Virginia has to come into compliance with federal regulation. [?]
NOT TRUE!
– States must choose to assist the federal government in implementing its laws and regulations.
Anti-commandeering Doctrine VA is NOT required to do this and other states are already opting out!
BOTTOM LINE:
This is unconstitutional at every level of government. PERIOD!
GET A WARRANT!
Call and email Delegates.
Ask them what’s the rush?
These terrible federal regs will probably be some of the first to go!
Tell them to kill SB 1195
