2011 – Page 71 – Shall Not Be Questioned

Rejecting The Miracles of Public Health

I have a different take from Bitter over the food policeÂ story. I’m generally pretty understanding of the nanny state taken way too far, especially when it comes to small businesses having to comply. But when you’re in the dairy business, and your complaint is a pasteurizer is really expensive, and you think you shouldn’t have to buy one, my sympathy drops off considerably.

To me this isn’t that different than the people who like raw milk, and the controversy surrounding its distribution. Many libertarians believe this is an example of government overreach. I agree it’s an example of federal overreach. If farmer John is quietly selling the unpasteurized teat squeezings from Bessy the Cow out the back of the barn to some local raw milkers, I’m not sure why the USDA or FDA needs to poke their noses in; it’s a job for state and local health authorities. But in the case of this “artisan” ice cream maker, we’re dealing with state public health regulators.

And this is actual public health, not the fake public health that gets authorities involved in gun control and health insurance. Pasteurization is meant to stop communicable diseases, like typhoid and listeria. There’s a reason pretty much everyone knows who Louis Pasteur is, because pasteurization was one of the great public health achievements of modern times. I think people who want to abandon that principle are, to put it mildly, nuts.

That’s said, there has to be some sphere of freedom for people selling food. I don’t want to see public health authorities cracking down on bake sales, flea markets, church pot lucks, and the like. Much like how home brewing is regulated, there ought to be a certain scale that needs to be reached before the man takes notice. Because these measures a bit like vaccination, in that you can have a small group of people free ride on the immunity of others, a small scale operation isn’t likely to have much of an impact on public health. So if you’re making a product and selling small quantities at your stand at a farmers’ market, or in your store, great. When you’re selling your product at Whole Foods, it’s time to accept you’re in the big time and buy a friggin pasteurizer.

Exemptions from the Nanny State

Based on the tone of this article, I’m pretty sure I’m supposed to feel sorry for those engaged in “Chicagoâ€™s rich and beloved artisanal ice cream scene.” Instead, I’m rolling my eyes and telling them to cry my a freakin’ river. Sympathy is the last thing these folks get from me in this case.

Apparently, the darling of this “artisanal ice cream scene” is in trouble with authorities for operating without the correct licenses and distributing her products to supermarkets without following basic food safety guidelines set by the state. Instead of thanking her lucky stars they don’t appear to be going after her with massive fines for said operations, she’s crying to the media that she shouldn’t have to follow these food safety regulations that also apply to “massive creameries,” aka her competition.

She laments that she is being asked to test for bacteria, use a pasteurizer, meet state mandates for labeling of what’s in her food products, and get the licenses that all businesses in her field are required to have. The article leans toward demanding an exemption for small makers who are selling the same way those evil “massive creameries” sell. Except what happens when people end up sick from this artisanal ice cream? Will the people who demand more regulations when it happens be willing to turn a blind eye because it’s a small producer who willing ignored the law?

The story does raise some reasonable issues that most people can sympathize with, like the fact that you can’t possibly wash a strawberry enough to bring it in line with bacteria tests without seriously degrading it. But the maker only wants the exemption for herself so she can use “fresh organic cream blended with local and often organic produce like basil and strawberries she picks herself.” She doesn’t raise the fact that maybe it’s a problem when no ice cream maker can use strawberries that any sane person would consider “clean” enough to eat.

In an ideal world that embraces the compromise of real world politics, she would be free to continue to sell her products however she sees fit to make them as long as there is some kind of label that clearly states she isn’t honoring state food safety guidelines. Until that ideal world happens, I say good for the regulators for making a damn fine point: “Indeed, IDPH confirmed that these small operations are governed by the very same rules that apply to billion dollar ice cream companies.”

If changes to the regulations apply to one, they should apply to all. (via Ian Argent)

Obamacare is Unconstitutional

So says the 11th Circuit Court of Appeals. The insurance industry was only too happy to collude with the Democrats to turn health care delivery into a government operated cartel, provided everyone was forced to buy their wildly expensive product. Now that it’s appearing more likely that could very well be off the table, I’m going to bet the health insurers lobby up to get Obamacare repealed right quick once he leaves office.

It’s Been Ten Years Already?

Instapundit turns ten this week. I started reading Instapundit around the 2002 timeframe, so I’ve only been reading nine of those, but it seems like just yesterday these blogs were something new, and the establishment didn’t know quite what to make of them.

Instapundit is often called the Blogfather, for inspiring a lot of other people to take up the idea, including Eugene Volokh. While Instapundit was one of my first regular blogs, it was SayUncle and Bitter who were my impetus into this world.

Astroturfing, Part MMCDLXXXI

Days of Our Trailer uncovers another attempt by a Joyce funded group to look like they are the real McCoy. You can usually tell the fake ones quickly, by the fact that they don’t take comments, and never did. Most real bloggers like getting comments.

Ugliest AR Ever

The guy took a hacksaw right at the front sight block. It’s lucky he filed all the proper forms with the ATF, and got his tax stamp first. It’s a well known fact that until you rub your federal tax stamp on the barrel first, it’s completely impossible for someone to cut through it with a hack saw. I’m not sure what physics is at work there, but researchers at the Brady Center for Metallurgical Research will be quick to tell you.

Guns Near a Plane

Apparently there’s some pant s**tting hysteria (PSH) going on over a firing range which is located near an airport. At least PSH from local authorities. The FAA has apparently never been concerned about the location of the range, and neither has Scott AFB, which unlike the civilian airport, has its flightpath for the main runway directly over the range.

My opinion would be that the airport is just a pretense. Someone doesn’t like the icky gun range in their neighborhood. Aviation folks and shooters actually have a lot in common in terms of our hobbies. If anyone out there has Netflix, I would highly recommend getting the documentary “One Six Right,” which is about Van Nuys Airport in California, the busiest General Aviation airport int he world. Many of the fears aviation guys have, about airports being closed because of noise complaints, and the loss of people interested in flying, reflect many of our same problems. Much like a shooting range, once neighbors manage to shut it down, it’s gone forever.

Gunny Lawn Ornamentation

I always thought lawn gnomes were goofy, but this one is awesome.

Michael Moore: Not Liking the First Amendment Much Either

Eugene Volokh has a look at Moore’s latest statement suggesting that Standard and Poors be thrown in jail for downgrading the federal government. It’s kind of amazing how weird the left is getting lately. It wasn’t apparent eventually we were going to max out the credit card?

What Part of “Elected Board” is Hard to Understand?

I’m still amazed how much our opponents live in complete and utter denial about exactly what NRA is:

It’s a wonder the NRA retains Ted Nugent on its’ Board. He should be an embarrassment. But maybe the NRA agrees with the extremist nonsense and offensive language spewed by this man. It’s good to have someone on your Board to stir up the ranks of the members.

NRA does not “retain” Ted Nugent on their board. He is not appointed by men in some cigar filled back room. He is on the NRA Board because NRA’s members put him there. Nugent isn’t the kind of guy who personally appeals to me, but a lot of NRA members love him, and so he wins his election handily. I realize this is difficult to understand, because Brady does not have an elected Board, probably because, before you can be a membership driven organization, it helps to, you know, have members.

UPDATE: It would seem she changed the wording around to more accurately reflect the actual state of affairs in terms of how NRA operates. Good.