Blog: Chef Jemichel ~ The Chef-Doctor
by chef jem

FD&Cosmetic Act does not give the FDA “access to people ..."

The Lawful proprietary-based limitations to the jurisdiction of the FDA.

Date:   7/16/2017 8:48:41 AM   ( 5 y ) ... viewed 1336 times

January 17, 2018 -

Just verified my comment (following) at the Federal registry regarding the FDA's proposal to increase regulation of Homeopathic products. -

"Comment from Chef Jemichel -
... a Comment on the Food and Drug Administration (FDA) Notice: Drug Products Labeled as Homeopathic; Draft Guidance for Food and Drug Administration Staff and Industry; ...

'The very first issue that needs to be addressed is to identify the Lawful authority here!

The "Food and Drug Administration" was created by an Act of Congress. As such there are well-defined limitations on the jurisdiction of the FDA (as defined by the written Organic Laws of the United States of America).

"All 'Acts of Congress' ... apply only within the territory of the United States government, of which states of the Union are not part because they are foreign states[ii] (see 86 C.J.S. 1).
Federal Rule of Criminal Procedure 54(c), wherein is defined 'Act of Congress.' Rule 54(c) states the following. The language below was removed from this rule and removed by committee around Dec. 2002: 'Act of Congress' includes any act of Congress locally applicable to and in force in the District of Columbia, in Puerto Rico, in a territory[i] or in an insular possession.'
[for a listing of the above locations covered by 'Acts of Congress', refer to Title 48 U.S.C.]"[iii][iv]

In other words the Lawful jurisdiction for the FDA is limited to property that is absolutely owned by and under the exclusive legislation of the "United States". Business owners who are involved with manufacturing Homeopathic products on property not owned by the government within any of the several states need to be asking the FDA: "By What Authority?" and once they do the FDA will either have to show the written Law authorizing mandatory government interference in a privately-owned business on non-government land or cease and desist in the trespass.
-
Notes:
[i] https://famguardian.org/TaxFreedom/CitesByTopic/territory.htm
[ii] https://famguardian.org/TaxFreedom/CitesByTopic/ ForeignState.htm
[iii] https://www.law.cornell.edu/uscode/text/48
[iv] In GreatIRSHoax (PDF via famguardian.org):
http://www.deepinfo.com/downloads/GreatIRSHoax20050424s.pdf

I live on private land in California without the United States however the "Country" drop- down menu on this form only shows "United States" as a "Country". This is another example of semantic deceit.'[4]
-

Just about four days for the above comment to finally get posted at the registry site however if felt much longer to me!

I'm especially glad I submitted the comment as it appears that no one else among the other (current) 365 commentators said anything about jurisdiction!

***
Initial post on July 16th, 2017 -

This is a start of results I'm collecting that pertain to the "government's" Lawful limitations to its jurisdiction and especially re: the FDA.

"... William Zuber and Dr. Alan B. Lisook of the FDA were refused access to any documents by Jacob even in the face of the federal warrant. Instead, Jacob’s attorney, Jay Geller, answered the warrant point-by-point in federal court. Mr. Geller said such reports or documents didn’t exist or, if they did, were not in Jacob’s possession.

Geller added that certain documents requested were privileged patient information and not available even under court order except in cases where patients give permission. Zuber and Lisook walked away with only one paper that Jacob provided, a two-page memo on DMSO and its legal use in treating interstitial cystitis. Otherwise, they got no response to questions they asked. Zuber admitted he did not have any authority to question the physician, since the Food, Drug, and Cosmetic Act does not give the FDA “access to people, just things.”[1]

My vision for answering the need for clarity on this subject matter is summarized in the following outline:

#1.) The Constitution of September 17, 1787 in light of the Organic Laws of the United States of America (unincorporated).
#2.) "The Congress" in light of the above.
#3.) The "Acts" of Congress and their proprietary jurisdiction.
#4. ) The Act of Congress that apparently established what we now know as the FDA.
#5.) FDA jurisdiction in light of The Organic Law.

#1.) There is a problem with the extent of Lawful jurisdiction based on "this Constitution". The problem is that members of The Congress and the "President" are not "bound by Oath or Affirmation, to support this Constitution". "What would it take for all those Officers mentioned in Article VI to 'be bound by Oath or Affirmation, to support this Constitution'? Each Representative, every Senator and George Washington would have to attach to a copy of the Constitution of September 17, 1787 a piece of paper with the words: 'I support this Constitution' and subscribe their signature."[2] That process has never occurred!

#2.) Congress is a show (possibly the greatest show on earth!). Firstly the members are not bound to support "this Constitution" and consequently it isn't supported. In addition - Congress actually has ceased to exist legally based on the requirements of the written Law of the Constitution. (More on that soon!)

***
July 21, 2017 -

Just "posted" at David Gumpert's:

(Chef Jemichel
Your comment is awaiting moderation.)
July 21, 2017 at 12:02 pm (Must be "Eastern")

Thank you Lis!
Items 1., 2. and 3, are excellent![3]

The government educates it’s citizens into believing that the “Constitution” gives them “rights”. The true Rights are the “Unalienable” ones (just like it says in the first Organic Law (Declaration of Independence) that threw off external “government”!

Besides, the Constitution of September 17, 1787 was never adopted by the members of Congress or the “president” by way of a written oath to “support this Constitution”. Unadopted, the document can only “rise” to the level of a corporate agreement among the corporate state members as no Man or Woman is party to this and need not be if they stand their own ground.

But who can hear this? Apparently only the “free Inhabitant” (as per second Organic Law).

You absolutely must “Do your research.” Otherwise you are in the government’s “church of believers” singing out of their hymnal!

***
July 23, 2017 -

My first introduction to Robert David Steele who said:

“The food industry and pharmaceutical industry have three goals in life:
to make all of us fat and give us diseases, to sell us stuff that doesn’t work to cure those diseases, and to make a big profit while doing so.

The Food and Drug Administration and the Center For Disease Control are criminal networks. They should be under indictment because their job is to approve the poisoning and lethal injection of American Citizens.”:

Robert David Steele "Uncovering the Deep State, What's next?" #UNRIG:

https://www.youtube.com/watch?v=jJ_QleZJ890&feature=youtu.be

***
January 13, 2018 -

Submitted the following comment at the Federal Registry re: FDA's jurisdiction:

The very first issue that needs to be addressed is to identify the Lawful authority here!

The "Food and Drug Administration" was created by an Act of Congress. As such there are well-defined limitations on the jurisdiction of the FDA (as defined by the written Organic Laws of the United States of America).

"All 'Acts of Congress' ... apply only within the territory of the United States government, of which states of the Union are not part because they are foreign states[ii] (see 86 C.J.S. §1).
Federal Rule of Criminal Procedure 54(c), wherein is defined 'Act of Congress.' Rule 54(c) states the following. The language below was removed from this rule and removed by committee around Dec. 2002: 'Act of Congress' includes any act of Congress locally applicable to and in force in the District of Columbia, in Puerto Rico, in a territory[i] or in an insular possession.'
[for a listing of the above locations covered by 'Acts of Congress', refer to Title 48 U.S.C.]"[iii][iv]

In other words the Lawful jurisdiction for the FDA is limited to property that is absolutely owned by and under the exclusive legislation of the "United States". Business owners who are involved with manufacturing Homeopathic products on property not owned by the government within any of the several states need to be asking the FDA: "By What Authority?" and once they do the FDA will either have to show the written Law authorizing mandatory government interference in a privately-owned business on non-government land or cease and desist in the trespass.
-
Notes:
[i] https://famguardian.org/TaxFreedom/CitesByTopic/territory.htm
[ii] https://famguardian.org/TaxFreedom/CitesByTopic/ ForeignState.htm
[iii] https://www.law.cornell.edu/uscode/text/48
[iv] In “GreatIRSHoax” (PDF via famguardian.org):
http://www.deepinfo.com/downloads/GreatIRSHoax20050424s.pdf
--

***********^***********
Notes:

[1]
http://www.penguin.com/ajax/books/excerpt/9780895295484

[2] https://organiclaws.org/tag/ratification/

Also see:
https://organiclaws.org/tag/jurisdictionconstitutiontaxpropertyorganiclaw/page/85/

[3] See "July 8, 2017 at 3:59 pm" at about the 41st comment down the page on:

http://www.davidgumpert.com/sam-girods-martyrdom-us-disservice

[4]
https://www.regulations.gov/docketBrowser?rpp=50&so=DESC&sb=postedDate&po=0&dct=PS&D=FDA-2017-D-6580

At the moment (January 18, 2018) my comment is the 15th posting down the list on the above linked page.

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