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AMENDED FOOD FREEDOM ORDINANCE – A POSSIBLE ORDINANCE FOR CAPE GIRARDEAU COUNTY

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BEFORE THE BOARD OF CAPE GIRARDEAU COUNTY COMMISSIONERS

ORDINANCE NO. _________________

CAPE GIRARDEAU COUNTY LOCAL FOOD FREEDOM ORDINANCE;

DEFINING OFFENSES AND PROVIDING PENALTIES

WHEREAS, the people of the State of Missouri, domiciled on Cape Girardeau County, have unalienable and fundamental rights and among those rights are the rights to choose the local foods they produce; process or prepare; sell, purchase, or distribute; preserve and store for extended periods of time; and consume, for food or drink, for people or other life forms.

WHEREAS, the people of the State of Missouri domiciled on Cape Girardeau County, declare:

(1) The Tenth Amendment to the Constitution for the United States of America, states, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people”; and

(2) That pursuant to Article 1, Section 8, Clauses 1 – 16, of the Constitution for the United States of America, there is no power granted to the federal government to regulate local foods on Cape Girardeau County; and

(3) The Ninth Amendment to the Constitution for the United States of America, states, “The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.”; and

(4) That pursuant to the Ninth and Tenth Amendments to the Constitution for the United States of America, the power to regulate local foods on Cape Girardeau County is reserved to the State of Missouri or the people of the State of Missouri; and

WHEREAS, the people of the State of Missouri domiciled on Cape Girardeau County, declare:

(1) Treaties do not override the Constitution for the United States of America. See Reid v. Covert, 354 U.S. 1 (1956) at 17, “This Court has regularly and uniformly recognized the supremacy of the Constitution over a treaty.”; and

(2) That the object of treaties is the regulation of intercourse with foreign nations, and is external; and

(3) That pursuant to Article 1, Section 8, Clauses 1 – 16, of the Constitution for the United States of America, there is no power granted to the federal government to regulate local foods on Cape Girardeau County by treaty.

WHEREAS, the people of the State of Missouri domiciled on Cape Girardeau County, declare: That Cape Girardeau County, State of Missouri, is without the jurisdiction of Article 1, Section 8, Clause 17, and Article 4, Section 3, Clause 2, of the Constitution for the United States of America; and

WHEREAS, we find the preamble to the Constitution for the State of Missouri, states, “We, the people of the State of Missouri, grateful to the Supreme Ruler of the Universe for our liberties, do ordain this constitution.”; and

WHEREAS, we find the Constitution for the State of Missouri, article 1, section 1, states, “All political power is inherent in the people, and governments derive their just powers from the consent of the governed, and are established to protect and maintain individual rights.”; and

WHEREAS, we find the citizens absolute, individual, natural, unalienable, and fundamental rights originate from “the Supreme Ruler of the Universe” and not from the Constitution for the State of Missouri; and

WHEREAS, we find the Constitution for the State of Missouri, article 1, section 7, states, “No person shall be disturbed in his private affairs, or his home invaded, without authority of law.”; and

WHEREAS, we find the Constitution for the State of Missouri, article 1, section 29, states, “The provisions of this Constitution are mandatory, unless by express words they are declared to be otherwise.”; and

WHEREAS, we find the Constitution for the State of Missouri, article 1, section 32, states, “A frequent recurrence to fundamental principles is essential to the security of individual right and the perpetuity of free government.”; and

WHEREAS, we find the Constitution for the State of Missouri, article 1, section 30, states, “The enumeration in this Constitution of certain rights shall not be construed to deny others retained by the people.”; and

WHEREAS, we find the Constitution for the State of Missouri, article 1, section 30, does not attempt to enumerate all the unalienable and fundamental rights of citizens.

NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Cape Girardeau County, State of Missouri that, the citizens of the State of Missouri, domiciled on Cape Girardeau County retain the following unalienable and fundamental rights to:

(1) Cultivate and raise local foods of their choice; and

(2) Process or prepare local foods of their choice; and

(3) Sell, purchase, or distribute local foods of their choice; and

(4) Choose local foods that nurtures their health and nourishes their bodies; and

(5) Unimpeded access to a wide variety of local foods of their choice; and

(6) Preserve as much local food as they deem necessary for themselves and their families; and

(7) Store preserved local foods for extended periods of time, as deemed necessary for themselves and their families; and

(8) Support local open pollinated seed banks, and to grow, process, store, sell, purchase or exchange open pollinated seeds, of their choice.

STATEMENT OF PURPOSE: It is the purpose of this ordinance to protect the unalienable and fundamental rights of the people of the State of Missouri, domiciled on Cape Girardeau County, to choose the local foods they produce; process or prepare; sell, purchase, or distribute; preserve and store for extended periods of time; and consume, for food or drink, for people or other life forms; and their rights to open pollinated seeds.

SECTION 1. DEFINITIONS: For purposes of this ordinance,

“Citizens” means the people of the State of Missouri, domiciled on Cape Girardeau County.

“Constitution for the United States of America” means the organic Constitution ratified on September 13, 1788 and The First Ten Amendments (the Bill of Rights) ratified on December 15, 1791.

Criminal Conspiracy –

(1) A person is guilty of criminal conspiracy when, with intent that conduct constituting a crime defined in Section 3, he or she agrees with one or more persons to engage in or cause the performance of such conduct, and any one of them takes a substantial step in pursuance of such agreement.

(2) It shall not be a defense to criminal conspiracy that the person or persons with whom the accused is alleged to have conspired:

(a) Has not been prosecuted or convicted; or

(b) Has been convicted of a different offense; or

(c) Is not amenable to justice; or

(d) Has been acquitted; or

(e) Lacked the capacity to commit an offense; or

(f) Is a law enforcement officer or other government agent who did not intend that a crime be committed.

(3) Criminal conspiracy is a:

(a) Gross misdemeanor.

“Local food” means the raising and cultivation of animals, plants, fungi, fish, fowl, insects (such as the honey bee) and other life forms for food, drink, fiber, and other products used to sustain life, cultivated on the soil of Cape Girardeau county, for people and other life forms on Cape Girardeau county.

“People” means that class of citizens who are the repository of sovereignty (Preamble to the Constitution for the State of Missouri), and the source of government power (Constitution for the State of Missouri, Article 1, Section 1).

SECTION 2. ENFORCEMENT CLAUSE:

(a)(1) The people of the State of Missouri domiciled on Cape Girardeau County, declare that any law enacted by the congress of the United States; any federal regulation, rule, or policy promulgated; any executive order issued by the president of the United States; any court decision; and any treaty, that seeks, purports, or is otherwise intended to regulate or usurp the unalienable and fundamental rights of the people on Cape Girardeau County to choose the local foods they produce; process or prepare; sell, purchase, or distribute; preserve and store for extended periods of time; and consume, for food or drink, for people or other life forms, is not authorized by the Constitution for the United States of America; and

(2) The people of the State of Missouri domiciled on Cape Girardeau County, declare any    federal law, rule, policy, executive order, court decree, or treaty, referred to in Section 2(a)(1):

(A) Will not be recognized by Cape Girardeau County; and

(B) Are specifically rejected by Cape Girardeau County; and

(C) Are null and void, having no effect on Cape Girardeau County.

(b) The Cape Girardeau County Sheriff and Prosecutor have the duty to, and are empowered to, stand between the people and the federal government and they will not allow the enforcement of unconstitutional federal laws or foreign treaties on Cape Girardeau County.

(c) The Cape Girardeau County Commissioners, Sheriff, and Prosecuting Attorney, have the duty to protect and defend, and neither arrest nor prosecute, citizens for exercising the above stated unalienable and fundamental rights to local foods; and

(d) The people of the State of Missouri, domiciled on Cape Girardeau county, have the duty to claim, exercise and defend, in a court of competent jurisdiction, their unalienable and fundamental rights to local foods.

SECTION 3. PENALTY CLAUSE:

(a)(1) It is unlawful for public employees employed at the federal level, including, but not limited to, agents of the Federal Bureau of Investigation, Department of Homeland Security, Food and Drug Administration, to enforce or attempt to enforce any federal law, rule, policy, executive order, court decree, or treaty referred to in Section 2(a)

(1); and

(2) A violation of this subsection is a gross misdemeanor.

(b)(1) It is unlawful for a person knowingly to criminally conspire to violate subsection (a)(1) of this section.

(2) A violation of this subsection is a gross misdemeanor.

(c) Every person convicted of a gross misdemeanor defined in this section shall be punished by imprisonment in the county jail for a maximum term fixed by the court of up to three hundred sixty-four days, or by a fine in an amount fixed by the court of not more than five thousand dollars, or by both such imprisonment and fine.

SECTION 4. CIVIL RECOVERY: An aggrieved citizen may bring a private action against a person or persons who violates the provisions of Section 2(a)(1) and 2(b)(2).

SECTION 5. SEVERABLILTY: If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining parts of this ordinance.

SECTION 6. PRECEDENCE: This ordinance will take precedence over all ordinances or parts of ordinances or resolutions in conflict herewith, and to the extent that they do conflict with this ordinance, they are hereby repealed with respect to the conflict and no more.

SECTION 7. SHORT TITLE: This ordinance shall be known as the Food Freedom Ordinance and may be cited as such.

EFFECTIVE DATE: This ordinance shall take effect upon signature and publication.

Passed by the Board of Cape Girardeau County Commissioners meeting in regular session meeting in Jackson, Missouri, by the following vote, then signed by its membership and attested to by its Clerk in authorization of such passage the

____ day of ______________, 20___.

 

Written by Leatherneck Blogger

March 1, 2013 at 06:00

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