Michael Hari, owner of food safety auditing company Equicert, claims the FSMA is unconstitutional. ( File photo )

The owner of food safety auditing company Equicert is suing the government to declare the Food Safety Modernization Act unconstitutional.

Michael Hari is also seeking an end to U.S. Department of Agriculture food safety audits.

His suit, filed Feb. 14, calls the FSMA unconstitutional because “it holds farmers liable for food safety conditions which they cannot control and have no knowledge of or responsibility for causing,” according to a news release from Hari.

The FSMA mandates training, registration and on-farm practices, and the “federal government has never before sought to regulate farming in this way,” according to the release.

The legal complaint also alleges the federal government has no constitutional authority to operate an auditing service (which competes with private companies), and Hari is owed for “unlawful activity in competition with Equicert.”

How the Trump administration responds to his claims will be a “test of how committed the new administration is to eliminating unfair and anti-business and anti-agriculture regulation and legislation,” according to the release. The FSMA was signed into law by President Barack Obama in 2011.

Hari was featured in an April 3, 2017, Chicago Tribune article featuring several companies seeking contracts for building President Donald Trump’s U.S.-Mexico border wall. His idea featured a concrete structure loosely based on the Great Wall of China with a pedestrian walkway that would be open for the public.

“We would look at the wall as not just a physical barrier to immigration but also as a symbol of the American determination to defend our culture, our language, our heritage, from any outsiders,” Hari said, according to the Tribune article.

 

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Submitted by Amy Martin on Sat, 02/17/2018 - 11:13

So I’m beginning to see that “The Packer” has deep support for Trump. How can you possibly see his immigration policies as benificial especially for farm owners who need people to work their farms. If Trump has his way all those workers will be deported! Obama put regulations in place to protect the general public. He’s a smart man who consciously made decisions to protect us not divide us, like DACA.

The last paragraph in your article, the quote from Hari, is 100% white supremacist evoking! The Packer is now a front for racists? You should be ashamed of the tone of this piece!!

Submitted by Chris Koger on Mon, 02/19/2018 - 19:01

Amy,

This is a news article, reporting on the lawsuit and giving some background on the individual who's filing the suit. It in no way endorses what he said.

Chris Koger

News Editor

In reply to by Amy Martin (not verified)

Submitted by Edmundo Araya on Sat, 02/17/2018 - 13:36

Very interesting Mr.Hari's point of view. I wonder in addition, what about the food importers responsabilities if they never assumed a technical role? Today many of them have no idea what they must do. The FSVP start officially next July 26th.

Submitted by Norma F. Calderón on Sat, 02/17/2018 - 20:29

“cannot control”? ...shouldn’t be able to farm for human or animal consumption.

Submitted by Jim on Mon, 02/19/2018 - 11:34

I agree 100% with the last paragraph. America First!! Screw the Obama rejects, he did more harm to this nation than Jimmy Carter. We do not need illegals to do our farm work. I do my own. My father did his own farm work. Pay legal citizens a living wage and they will work. Hiring illegals just cheapens your product.

Submitted by Scott Ferguson on Mon, 02/19/2018 - 12:14

“We would look at the wall as not just a physical barrier to immigration but also as a symbol of the American determination to defend our culture, our language, our heritage, from any outsiders,” Hari said, according to the Tribune article.

At least: California, Utah, Colorado, Arizona, New Mexico, part of Kansas and Texas for sure have deep Mexican-Spanish influence in Culture, Lenguage and Heritage not to mention cuisine, all the time only 160 years ago all those territories were part of Mexico. What is this guy talking about with the wall and outsiders.