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Food & the Interstate Commerce Clause

Jun 2

Posted by admin in Codex Alimentarius, Food, NAIS | 2 Comments

05-24-2010 6:40 pm – Derry Brownfield

Derry Brownfield, legendary cattleman, rancher and talk radio host, is heard daily across America bringing his common sense approach to listeners. The farmers' champion and a passionate constitutionalist, Derry takes on big government, mega-corporations, and environmental extremists. From the stock market to the stock yards, from greedy oil companies to the everyday concerns of his loyal audience, no topic is too hot to handle for Derry, who is called "the voice of the heartland". Born during the Great Depression, Derry says we would all be better off if we applied what he learned at a tender age: The best place to find a helping hand is at the end of your own arm!

The United States Department of Agriculture (USDA) says it plans to drop the program called the National Animal Identification System (NAIS). I’ve been studying the antics of Washington bureaucrats for 50 years and I know this is just another ploy to give farmers and ranchers a feeling of security, when all the while they are in the process of coming back with a much more draconian plan. The name has been changed and descriptive words have been eliminated and replaced with other objectives, but government continues to push towards turning the control of our livestock industry over to the multinational meat packers. The coyotes howl along the trail but the wagons keep rolling along.

The USDA has only put a new saddle on the same old horse. The program is no longer called NAIS, the new name is “ANIMAL DISEASE TRACEABILITY FRAMEWORK.”

The original document explaining NAIS consisted of 1200 pages, while this new version on traceability is only 7 pages of questions and answers. Our government is doing everything within its power to force this plan upon us in order to be in compliance with the World Organization for Animal Health (OIE). We are being told this new plan will be a kinder, gentler state-run program; however we will still have premise registration, although the word PREMISE has been changed to “UNIQUE LOCATION IDENTIFIER.”

The government is also trying to force sale-barns to tag all cows with the “840″ tags. “840″ indicates the animal originated in the United States. This is to keep us in compliance with the OIE. The United States is no longer in charge of its own policies, rather we are obliged to follow directives of the World Trade Organization (WTO), the Food & Agricultural Organization (FAO), the World Health Organization (WHO), including the Codex Alimentarius and the International Plant Protection Convention. These are all agencies of the United Nations.

I have not researched other states, but in Missouri the State Veterinarian’s office began coercing sale-barn owners to attach “840″ tags in all cows going through their facilities. Russell Wood states: “This is nothing but a back door approach to NAIS PREMISE registration. This sale-barn approach was an obvious attempt to assign PREMISE numbers to unsuspecting sellers and buyers whether they wanted to join the “VOLUNTARY” program or not. Missouri has a law stating: “The State Department of Agriculture is prohibited from mandating NAIS PREMISE registration on Missouri livestock producers.” By changing the name of the program from NAIS to “ANIMAL DISEASE TRACEABILITY FRAMEWORK” and changing “PREMISES” to “UNIQUE LOCATION IDENTIFIER” the law apparently becomes void.”

In December, some Missouri sale-barns began using the NAIS tags. The barn owners said they had been instructed by the Missouri Department of Agriculture to apply these “840″ tags to every cow unloaded at the sale barn. After showing them the law prohibiting the state from doing what they had enticed the barn owners to do, a hearing was held in the State Capital to see if the State Veterinarian was abiding by Missouri law. The Missouri State Veterinarian, Taylor Woods, testified that they had no official written policy on the use of the “840″ tags. The state officials had no jurisdiction over the barn owners and was pushing the United Nation’s agenda through intimidation.

We have been told by government officials that this new approach is going to eliminate any producer that does not have livestock going into interstate commerce. Except for Kansas, Nebraska, and perhaps Colorado, practically all cattle born in the state move across state lines. Missouri for example has one of the largest mother cow herds in the nation – but has no feedlot or slaughter facilities, so about 100% of the calves born in Missouri eventually cross state lines.

To understand why the USDA is pushing the “Interstate Commerce Clause” let’s understand the 1942 U.S. Supreme Court decision in Wickard vs Filburn. Claude Wickard was the Secretary of Agriculture at that time and Roscoe Filburn was a wheat grower. Under FDR’s NEW DEAL farmers were allowed to sell a certain amount of wheat. Filburn grew more wheat than he was allowed to market in Interstate Commerce, so the wheat produced in excess of his quota he fed to his livestock. Filburn was found guilty of violating the Interstate Commerce Clause because he fed the wheat to his own livestock; wheat that he had produced on his own land.

Wickard assessed a penalty against him but Filburn refused to pay. The Supreme Court ruled against Filburn saying: “If he had not fed the wheat to his livestock he would have been forced to purchase wheat for livestock feed, and that wheat would have crossed state lines, therefore he was involved in Interstate Commerce.” Based upon these facts, if this new “DISEASE TRACEABILITY” plan goes into effect and a farmer butchers his own calf, he is in violation of the Interstate Commerce Clause. Had he not butchered his own calf, he would have been forced to go to the market and buy beef which has crossed state lines.

Do you see the restraints big government is trying to place on animal agriculture? Even a local organic farmer, selling produce at a local Farmer’s Market, would be in violation of the Interstate Commerce Clause.

Big Agribusiness has taken control of the poultry and egg industry, the pork and milk industries; and if this new and improved DISEASE TRACEABILITY plan becomes law, everything a consumer purchases at the meat and dairy counter will be controlled by no more than a half-dozen large Agribusiness corporations. Our food supply, as we know it, will be a thing of the past.

(c) 2010 Derry Brownfield – All Rights Reserved

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Name Games with the USDA

May 24

Posted by admin in NAIS | No Comments

By: Doreen Hannes

Doreen HannesBio

Doreen Hannes is the Director of Research for the National
Independent Consumers and Farmers Association (NICFA) and is dedicated to weeding through the lies, half truths, and mis- and disinformation to
help people to understand the methods and propaganda being used to manipulate us….and to dig for the truth. As -civil-ization is predicated upon agriculture, the goal of those who would be our masters is to control the land, control the food, and thereby control the people….otherwise known as the global implementation of  Agenda 21. If we lose our ability to feed ourselves, we will not be able to fight against anything else. Doreen blogs at Truth
Farmer and you can listen to her radio show, Truth Farmer, at Liberty News Radio and read her articles at News with Views.

On May 11th, the USDA held the first of three public meetings on their “New
NAIS” program “Animal Disease Traceability”. The meeting began
at 8am with three power point presentations. California State Veterinarian,
Dr. Richard Breitmeyer gave the first presentation. This was the same presentation
he gave at the mid-March NIAA (National Institute of Animal Agriculture) meeting,
also held in Kansas City.

A little history is in order to understand the progression of this idea
for animal traceability. In the US, the first notable plan for identifying
animals was the NFAIP, along with FAIR, those being the National Farm Animal
Identification Program and Farm Animal Identification and Records. Then under
the Bush Administration there was the United States Animal Identification
Plan, with the NAIS, National Animal Identification System hot on it’s heels.
Now, they have “killed” NAIS, but are moving forward with the Animal
Disease Traceability plan, the ADT. The main difference here is that the USDA
is going to make a rule on the ADT to prescribe the “performance standards” for
traceability that the states MUST meet to engage in interstate commerce with
the ADT.

Breitmeyer’s presentation focused on the difficulties around tracing the
contacts of tubercular (and suspect) cattle in the state of California and
other states without the aid of an interoperable database covering all animals
and all movements. According to his presentation, the state of California
has approximately 57,500 known live cattle imports from Mexico per year. This
is significant in that more than 75% of all tuberculosis in cattle is of Mexican
origin. Breitmeyer lamented that when he began as a vet 25 years ago, the
US had nearly eliminated TB except for in small areas of northern Michigan
and northern Minnesota where the soil make up continues to keep TB in the
wildlife and therefore occasionally in cattle. Breitmeyer’s presentation was
actually quite a good illustration of many of the failed policies of the USDA
in disease control, the lack of quarantine at the borders chief among them.
Of course, he is a proponent of a NAIS style system because having all that
data available would make his job easier…At least on paper.

The second presentation was given by a very soft-spoken APHIS/VS (Veternary
Services) representative, Dr. TJ Mayer. He stressed that the “theme” for
the development of the “new” program is “collaboration”.
Those to be affected must be involved in the process of developing the solution
for the lack of traceability that now exists— particularly in cattle. Cattle
are the primary focus for this new plan, and the methodology for bringing
cattle to 95% traceability back to the point of identification in 2 business
days is dependent on “collaboration” in developing the processes
in our states. (Sounds familiar, doesn’t it?) Mayer also illustrated that
the desired traceability would be implemented gradually through partnerships
of stakeholders and building upon the requirements outlined in the rule that
is to be developed for criteria that states must meet for interstate commerce.

The third presentation was by Becky Brewer (Oklahoma State Vet) and the
apparent lead member of the newly established “Regulatory Working Group”.
Dr. Brewer related the thinking of the Regulatory Working Group on the measurable
outcomes of the ‘traceability’ standards to arrive at 95% of “all” animals
traced back to the ‘traceability unit’ within 2 business days. Sounds just
like the NAIS Business Plan, doesn’t it? Brewer stated, “In government
speak, “all” doesn’t mean all.” This may explain why the USDA
kept insisting that when opponents of NAIS cited documents verbatim, we were “spreading
misinformation”. Evidently the English language is a linguistic and statistical
anomaly in the hands and mouths of bureaucrats.

There were no question and answer sessions after the presentations. Instead
every table was given a USDA facilitator and three segments of questions to
answer regarding how we might achieve the desired outcome of getting animals
id’d back to the ‘traceability unit’ within their timeframes. The tables were
marked with species placards and there were at least five cattle tables, three
swine, two poultry, one sheep and goat, and one “other species”.

When I entered the room I noticed that Kenny Fox of R CALF USA was at a
cattle table and I failed to notice the “other species” table so
I sat at the sheep and goat table. There were no people at the poultry tables.
The cattle tables were quite full, and all of the reporters were sitting at
the ‘other species’ table, so I thought I would just sit at the empty sheep
and goat table.

When the facilitating began, I was blessed with three USDA representatives
at my table, where all the other tables only had one. I shared the table with
one sheep broker from New Mexico. He deals in 20 to 30,000 head of sheep annually
mostly exported to Mexico and was quite content with the Scrapie program.
This program identifies breeding animals back to the flock of origin with
a number assigned to the flock manager and not the land the animals are held
on. It also allows for tattoos as an alternate form of official id for interstate
commerce, and does not use RFID tags, although it could in the future.

The USDA representatives at my table were not particularly interested in
hearing about how the failed agricultural policies have created a problem
that the USDA would now like all of us to ‘partner’ with them to solve. They
did take copious notes, and were quite proficient in ‘mirroring’ my statements
while slightly adjusting them to fit their desired outcome more handily.

At the end of each of the three segments, a representative from each table
stood and gave the ‘report’ from the table on that segment. The consensus
of the cattle groups were that only breeders should be identified, RFID tags
should be avoided, back tags should continue to be used for feeders and slaughter
cows, and a NAIS styled system would not work at all.

The USDA is currently promoting the use of ‘bright’ tags for cattle. These
are very similar to brucellosis tags in numbering and appearance. However,
when the only question and answer segment of the day took place and Neil Hammerschmidt
(one of the main authors of NAIS) gave most of the answers, he made it clear
that the USDA still wants to ‘aggressively’ pursue the use of 840 tags.

The bottom line about the entire meeting is that the USDA will try to have
a draft rule ready in June from the “Regulatory Working Group”.
This rule will define the “performance standards” that are to be
met by the states to engage in interstate commerce. The USDA plans to publish
this proposed rule in November or December of 2010, allow a 90-day comment
period, and finalize the rule (make it law) from 8-10 months after the comment
period is complete. There may be different requirements under these performance
standards by species, and some potentially exempted sectors or movements.
There is admitted concern from the USDA and their friends that incentives
and disincentives for states must be expressed clearly and not be too “heavy
handed”. In other words, if a state meets compliance levels in hogs and
not cattle, the hogs should not be refused access to interstate commerce.

It appears to me that we must proactively engage our state legislators
to statutorily define requirements for interstate livestock movement and not
allow the Departments of Agriculture the leeway to cooperate with the USDA
to achieve the goals of the USDA as those goals are still NAIS oriented. The
USDA will not dismantle the National Premises Repository although Hammerschmidt
stated that if a state were to want to withdraw all of their participants,
they could do so. Also, according to Hammerschmidt, they still want to move
‘aggressively’ to 840 tags as official identification along with electronic
Certificates of Veterinary Inspection.

The onus of implementing the graduated Animal Disease Traceability program
rests squarely on the individual states. Either the states will define those
standards statutorily or the USDA will bring about their final desires incrementally
through the regulatory process.

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Judge dismisses registration case against Amish farmer

Mar 12

Posted by admin in Amish In The News, NAIS | No Comments

By Jake Miller • Marshfield News-Herald • March 11, 2010

The state is expected to appeal a Clark County judge’s ruling that allows an Amish man to continue to operate his farm without registering livestock in accordance to law, state assistant veterinarian Paul McGraw said.

Judge Jon Counsell issued a nine-page ruling Tuesday afternoon ordering the court to dismiss the charge filed against Emanuel Miller, 29, of Loyal in October 2008 for failing to comply with the state’s 2005 mandatory livestock registration law. It was the first case involving an Amish farmer challenging the state’s registration law.

The Amish believe the registration’s use of numbers is the first step in moving closer to the “Mark of the Beast,” referenced in the Bible’s book of Revelations and believed to be associated with Satan.

Proponents of the law say the registration allows officials to quickly track animals that could be impacted by a disease outbreak, McGraw said. Wisconsin’s department of agriculture continues to stand behind its belief that mandatory registration is beneficial to tracking disease, despite the court’s ruling, he said.

“I’m not sure there will be a huge impact at this point,” McGraw said of the ruling. “The department is likely to appeal. Everyone still needs to register their livestock.”

Miller testified that if he participated in the registration, he would risk eternal damnation, a statement supported by his community’s leader, Bishop Noah Schwartz.

In a brief filed Dec. 22, the state argued that a premises registration number is no different from other numbers, such as addresses. Only three states have mandatory registration, while 47 have voluntary registration, McGraw said.

However, Counsell wrote in his ruling that the number is just one part of Miller’s concern. It also requires him to put his faith in government, not God, which goes against Amish beliefs.

Registration is an “impermissible burden upon Miller’s religious beliefs,” Counsell wrote.

Counsell cited several flaws in the law, including that it will never reach 100 percent compliance and does not require the registered farmers to have a telephone, requiring state officials to still go door to door at some farms.

There is “no concrete evidence that premises registration serves the interest of promoting health and food safety better than other alternatives, which it must do to withstand this challenge,” Counsell noted.

Counsell wrote that Miller complies with other regulations, including providing his name and address when buying and selling livestock, which provides sufficient information for locating his animals.

Bill Herr, a Greenwood dairy farmer who owns about 165 cattle, said the premises registration is a benefit for tracking disease, as well as for the industry’s image. All of his animals are registered.

“Our livelihood is pretty dependent on how people view our product, how safe it is,” Herr said. “If there was a health issue, it would be very valuable information to know where these animals are being raised.”

Miller’s conviction, the court said, is supported by his statement that he “would accept government punishment or leave the state before violating his religious beliefs.”

Herr, despite his support of registration, said someone with serious religious convictions should not be subject to something that would infringe upon beliefs.

“I can respect religious beliefs, though. I have my own,” he said. “Just because they’re different from someone else’s doesn’t mean they’re wrong.”

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Judge Rules in Favor of Amish in Animal ID Case

Mar 11

Posted by admin in Amish In The News, NAIS | No Comments

Note: Facts, the application for the grant money to operate the program requires that Wisconsin abide by the terms set forth under the Federal Register. In which the participation must be voluntary and a producer can op-out. The state has breached their contract and are subject to Federal Administrative Relief which may result in repayment of all grant moneys. The USDA also failed to provide warning to the state that it may be sued, under requirements of Article 1 Sec.8 Clause 1 regarding grants under the authority of the General Welfare Clause. See annotated Supreme Court rulings for details.

Paul M. Griepentrog

A decision has finally been made in the highly anticipated case in which the State of Wisconsin was trying to sue an Amish man for not following Wisconsin’s Livestock Premise Registration law. On Tuesday, Clark County Circuit Court Judge Jon Counsell ruled that Emanuel Miller Jr. of Loyal, Wisconsin does have a ‘religious right’ to be exempt from the law, which requires anyone who keeps, houses, or co-mingles livestock to register their premises with the state.

It was noted during court proceedings that the Amish do provide their names and addresses when they buy and sell livestock, and the judge said that doing so should be enough for the state to track down an animal in the event of a disease.

Prosecutors also cited a recent pseudorabies case in Clark County as an example of why the premises law is needed. But Judge Counsell said the state failed to show why alternatives, that would not affect Miller’s religious freedom, would not be just as effective.

The Amish believe the requirement infringes on their religious believes because it could eventually result in the tagging of all animals, or the ‘Mark of the Beast.’ But prosecutors felt with mandatory premise ID, the process of tracking down potentially at-risk farms would be much easier if there were an animal disease. The issue of “government ease” fell short in court to the issue of “religious rights.”

Meanwhile, Paul McGraw, the assistant state veterinarian with the Wisconsin Department of Agriculture’s animal health division says he expects the state to appeal the ruling. A case of this nature regarding a state case, is normally a wearing down of the accused, which judges also tire of.

The NAIS, requiring premises registration, was a program instigated by the USDA. Every state was offered “grant” funds as an incentive to enforce a full mandatory NAIS with arrests and fines for noncompliance. The Wisconsin Department of Agriculture, Trade and Consumer Protection has received over twelve million dollars to tighten the screws on all Wisconsin livestock producers. Their enforcements are the most ruthless of any state with many other pending cases. Their grant moneys are also the largest considering the number of livestock producers in the state.

Wisconsin has been used by USDA as an example of strict enforcements for the nation. Additionally increasing the weakened position of Wisconsin, national resistance to NAIS caused Sec. Vilsack on Feb. 5, to announce the NAIS program was discontinued. Without the backing of federal policy, judicial decisions by Wisconsin are predicted to be very problematic for the state. The Miller case is the first court decision since USDA withdrew the program.

On Feb 5 Vilsack stated that one of the reasons for terminating the NAIS program was that, “USDA had gotten a failing grade on NAIS” and that, “Terminating the program would help overcome some of the mistrust caused by NAIS.” It appears Dr. McGraw still has not arrived to where Sec. Vilsack is, serious work on the Wisconsin “mistrust” issue.

The case at one time was referred to as the state’s first such NAIS prosecution, until a Polk County judge ruled in October that Patrick Monchilovich of Cumberland violated the four-year-old rule after he refused to register his premises. He was ordered to pay a civil forfeiture and court costs. (This was before the USDA Feb. 5 announcement.)

McGraw and Wisconsin have been tossed under the bus by USDA and now Clark County Circuit Court Judge Jon Counsell just tossed them under a convoy of galloping Amish steel-wheeled buggies.

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Easter Bunny Reports: “NAIS IS DEAD!”

Feb 23

Posted by admin in Codex Alimentarius, NAIS | No Comments

NEWS WITH VIEWS.COM - Where Reality Shatters Illusion

Doreen HannesBy Doreen Hannes
February 18, 2010
NewsWithViews.com

As I reported after returning from the NIAA (National Institute for Animal Agriculture) meeting last August, rumors of the death of NAIS have been greatly exaggerated. (Read) The USDA has finally admitted that they have too much negative publicity surrounding the name NAIS, and that they actually have to do what they tried to do in the first place: get the states to do their bidding on ‘animal identification’ and ‘traceability’ according to World Trade Organization standards. So yippee. They are only going to exercise their rule-making authority to control interstate commerce. Well, that’s all they had the authority to do at the outset. So we should be giddy with excitement that they are openly proclaiming they will do just that now.

Should we be happier than a pig in a puddle because they openly stated that they will leave animals which never exit the state out of the new plan? They never had the authority to deal with those animals anyway…unless, of course, you take money from the USDA. Otherwise, that authority rests with your state. The USDA will continue to fund the states and work in a ‘collaborative’ way with states and industry (continuing the Public Private Partnership otherwise known as fascism) to develop the “minimum standards” that must be followed in order to participate in interstate commerce.

So, as many conversations with my compatriots in the fight against NAIS have alluded to, at last the USDA is pulling the commerce clause out and holding it up as their hammer for “minimum standards” that will be required by forthcoming regulations for ‘disease traceability’. And why has the USDA taken to calling it ‘disease traceability’ instead of ‘animal identification’? Because they only HAVE authority over the diseases! The FDA has authority over live animals on the farm, even though the majority of people don’t know this, and it is a very useful poker chip in the globalization game. It is called misdirection, and those of us who have been deeply involved in the fight against the NAIS are very aware of this agency’s use of misinformation, disinformation, subterfuge and general sneakiness in foisting upon us their WTO driven desire that will create captive supply for export of the entire domestic livestock population.

The only official document available on the “NAIS not NAIS” program is a seven page Q and A available at the new page for “NAIS not NAIS” called Animal Disease Traceability. It’s only 7 pages, so if you have read the previous 1200 pages of USDA documents on this program, it’s a walk in the park.

One of the first questions that one asks when told “NAIS is Dead!”, (aside from “what’s it’s new name?”) is “What about all the people who are in the Premises Database with PIN’s already?” According to the 7-page document, they stay in that database.

How about animals that are already identified with the “840″ tags for NAIS? They also stay in the database. What about the “840″ tags themselves? Well, the USDA and States will keep using them.

Are they going to halt further registrations into the NAIS database? Heck no! They’ll keep registering properties and will also be using a ‘unique location identifier’ for this kinder, gentler NAIS that the States will run for us.

Why are they re-using the first two prongs of NAIS? Aside from the unstated fact that they are using them because they have to use them to be compliant with OIE (World Animal Health Organization) guidelines, they say it’s because of the tremendous amount of money spent developing NAIS already even though it is un-Constitutional.

How much money? It’s government math, so it’s likely done by consensus as opposed to literal whole numbers that add up- you know, like 2+2=4. Consensus would make it possible for 2+2 to equal 5. Anyway, figures cited by various officials are anywhere from $120 million to $180 million. Less than 60¢ per person, so almost nothing when compared to the monstrous 107 trillion dollars in unfunded liabilities we are currently carrying. Believe me, when I say I am not for government waste at all, but when an agency has spent this much time and money on an unfruitful program, isn’t it better to simply fully knock it in the head instead of changing the name and playing “Hide and Go Seek” with the people who have adamantly opposed this program? Why couldn’t the USDA do the only truly Constitutional thing with this international-trade driven program and let those who want to deal in international markets do this to themselves through the Export Verification Services department of the USDA? Well, if they did that, not only would they have to actually be fully open and transparent, they would need to let the public in on the big secret that the United States is no longer in charge of its own policies, rather they are obligated to follow the Sanitary PhytoSanitary (SPS) directives of the World Trade Organization agencies, namely Codex Ailimentarius, the OIE and the IPPC (International Plant Protection Convention).

And we still have the very real issue of the massive database for premises registration (or the unique location allocator) having no public or verifiable oversight to check whether or not people who have been told they were removed were in fact removed from that database. So if NAIS is dead, why not allow the database to be annihilated? Obviously, they are still following the plan.

What about the states that have passed legislation designed to constrain NAIS from becoming mandatory within their boundaries? How will this new disease traceability program affect them? Well, since this is NOT NAIS and the regulations aren’t yet written, the states will have to wait to find out what requirements they MUST MEET in order to participate in interstate commerce. There’s your hammer.

So how powerful is the interstate commerce clause? Pretty dang powerful. And if people who dealt in the local food movement fully understood Wickard vs. Filburn, they would feel no consolation whatsoever from the USDA’s statement that they are not interested in regulating livestock that stay within the state.

In a nutshell, this 1942 Supreme Court case found that since Filburn had accepted money as part of the Agricultural Adjustments Act and then grew wheat to feed his own livestock, that he was not only subject to the regulation of the USDA by accepting that money, but also, since he grew wheat, he hadn’t purchased it, and had he not grown it, he would have had to purchase wheat which would have likely come through interstate commerce. Therefore, his planting of wheat affected interstate commerce and solidified the USDA’s jurisdiction over his actions.

If you transplant “tomato” for wheat you can see how sinister this ruling truly is. If you grow tomatoes, you won’t be buying them, so if you don’t buy them, and since the store bought tomatoes likely cross state lines in their movement, you are affecting interstate commerce by growing tomatoes….This is precedent, and it is a very, very dangerous precedent. So taking money or help from the USDA to establish your local farmer’s market is going to put you into a relationship that is highly precarious for freedom.

The interstate commerce clause was not designed to hammer states into submission to federal or international agency trade objectives, it was to stop states from unfairly discriminating against each other and to enable us to be a strong union of sovereign states that could actually feed itself and prosper. The only thing to do is to keep fighting with full knowledge and to get the States to exercise their duty to protect the Citizens from an overarching Federal government. We need states to completely free up direct trade between farmers and consumers and we need states to work together to create their own criteria for exchange of goods across state lines.

Do we have to ‘stay engaged’ in conversations with the USDA on this “New Not NAIS”? Yes, to keep telling them to go sell crazy somewhere else, we’re all stocked up here, thank you. They should tend the borders, control and actually inspect the imports, run the disease programs that worked and were not massive consolidations of power in federal hands, and for cryin’ out loud INSPECT the packing plants and stop trying to make consumers believe that farmers and ranchers are responsible for sloppy slaughtering!

Also, go ahead and leave a bunch of the milk chocolate rabbits for us. Chocolate is one thing we probably should import, but certainly not at the cost of our freedom and sovereignty.

© 2010 Doreen Hannes – All Rights Reserved

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NAIS ~~ Coming Soon, Mandatory Interstate Requirements

Feb 12

Posted by admin in Food, NAIS | No Comments

By Darol Dickinson & Russ McAfee

Ron DeHaven

Dr. W. Ron DeHaven is CEO of the American Veterinary Medical Assn.

USDA Sec. Vilsack announced during the morning of Feb. 5 that NAIS was over, ended, no more.

His customary emotionless announcement was fairly brief, but the detailed USDA Factsheet (Click here for factsheet) released simultaneously required seven pages of small print describing the animal ID “will do’s” and “won’t do’s”–all of which will be enforced at some future date in a to-be-determined manner.

The New York Times reported this based on information from an “unidentified USDA informant.”

At once thousands of emails flew from around the globe with nearly as much excitement outside the US as the home land.

Ranch and cattle producers smiled and nodded.

But it seems the victory may be short lived.

Now comes a lone government employee saying he cannot endorse Sec. Vilsack’s new announcement.

Dr. W. Ron DeHaven is CEO of the American Veterinary Medical Assn. The US veterinarian head count is 100,728 licensed practitioners; of which 930 are Federal Veterinarians, employed by APHIS, and 23 are Homeland Security staff veterinarians.

DeHaven has always been a verbal supporter of mandatory NAIS. He says Vilsack “… has been caving to this public resistance…”

DeHaven’s “public resistance” is the overwhelming majority of livestock producers who opposed the NAIS for a list of reasons that would choke a giraffe.

According to DeHaven, the mag-daddy of veterinarians, none of these “resistors” should have had any voice in the NAIS’s demise, and Secretary Vilsack should not have listened to them.

One gets the feeling he would like to see Vilsack go away, and himself take control.

Then again, DeHaven has shot his mouth off before, under oath. He showed his out-of-touch thinking March 11, 2009 when he testified to the House Committee on Agriculture as a hand picked presenter. He stated, “If the US is to remain competitive or grow export markets, an effective NAIS will be required.”

Evidently unknown to DeHaven, the US has been a net importer of beef for the last 21 years. Last year, the country exported $2,183,977,168 in beef and imported $4,857,454,008.

We haven’t produced enough beef to feed the nation in 21 years, yet DeHaven confidently testified that future exports are imperative.

USDA released their NAIS Fact Sheet February 5. It states:

“What is certain is that animal disease traceability will be required for animals moving in interstate commerce. . .To ensure interstate compatibility and connectivity, APHIS will work with States and Tribal Nations in establishing standards and guidelines where free or low-cost tags will be incorporated as options.”

DeHaven says the AVMA cannot endorse the Vilsack new approach:

“As I understand it, they will let each state and tribal nation more or less develop their own program? So, I’m concerned about interoperability between fifty or more different systems. Will one state be able to talk to another state as an animal moves through interstate commerce?”
DeHaven’s Audio: “Click Here”

From this statement, it would appear DeHaven has never processed an interstate veterinarian animal health certificate.

Here is how it works, and has for every veterinarian’s lifetime:

  • An animal is sold into another state.
  • The state receiving the animal has “states rights” and determines the rules of entry.
  • The owner of the sold animal contacts their local veterinarian.
  • The vet has an “Entry Permit Acquisition Book” with phone numbers of every US state and tribe, provided by the USDA.
  • They call the state vet office of destination, talk to an authorized person, receive the required protocol, do what ever health tests are required for entry, complete a standard animal health certificate, receive a permit number to enter the state, and the critter is ready to travel.

This health certificate has four copies of different colors.

  • One copy goes with the hauler,
  • One stays with the local vet,
  • Two go to the state vet of origin, and
  • They forward one copy on to the receiving state vet.

The receiving state has a staff of people who check these incoming certificates every day, and may actually go and inspect the animals after arrival if they have concern.

It has always been required that a permanent ID be on each departing critter. This can be a:

  • Fire brand number,
  • Tattoo,
  • Cheap government metal ear clip,
  • OCV clip, or
  • Other approved ID.

This has been established and is already done.

No animals travel across state lines without ID and a health certificate, and nothing is new about that.

This is a system that has worked for a lifetime, and Vilsack understands the total cost to USDA is zero to continue this process.

This system has been used successfully during every major outbreak of livestock disease in our history.

Currently a huge weight of mistrust hangs over DeHaven, Vilsack, and the USDA. Vilsack says he is well aware of “. . .the downward confidence level NAIS has caused.”

The attempt to shove NAIS down the throat of every livestock producer in the U.S. will-not-be-forgotten, and the USDA may try to resurrect and rename it again–the Every Animal Traceability Tax, (EATT), or the No Cow Left Behind (NCLB)–but the results will be the same.

And another bureaucrat like DeHaven will stand up before some Congressional committee and pretend there is this huge, dangerous, animal disease mountain to climb and that without a NAIS, the food safety of the nation will be imperiled.

Hopefully, that bureaucrat will have enough sense to know we already have a successful interstate commerce system in place, and that all it takes for a producer to comply is to make a phone call to the destination state and do what the receiving state asks.

It’s that simple.

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USDA Pretends to Kill NAIS

Feb 10

Posted by admin in Codex Alimentarius, NAIS | 1 Comment

USDA Signals NAIS is Dead

2/8/2010
Max Thornsberry

After a long-fought six-year battle, independent cattle producers have finally succeeded in stopping the National Animal Identification System (NAIS), which was an onerous plan conceived by the World Trade Organization (WTO) and promoted by the U.S. Department of Agriculture (USDA), domestic and multinational ear tag companies, as well as multinational meat packers and their closely aligned trade associations.

The battle was extremely lopsided. USDA had millions of dollars of taxpayer money — over $140 million to be precise — to develop and promote NAIS and to persuade state departments of agriculture and cattle industry trade associations to recruit as many independent cattle producers as possible into the ill-fated NAIS program. According to the Web site www.usaspending.gov, the National Cattlemen’s Foundation, part of the National Cattlemen’s Beef Association (NCBA), received over $2.1 million from the federal government in 2008 to promote NAIS.

Armed with millions of dollars and six years worth of joint government and processing-industry planning, how did NAIS get stopped?

The answer is that NAIS was stopped by the persistent, relentless pressure applied by a handful of non-conventional organizations that exclusively represented the interests of cattle farmers and ranchers, not the interests of the industrialized sectors of the U.S. beef supply chain. This was a David versus Goliath battle in which David won and the interests of independent cattle producers came out on top.

These recent victories by independent cattle producers, with far less political clout and economic power than their conventional beef industry trade association counterparts, strongly suggests that there remains a genuine reason for hope that independent cattle producers can reverse the present course of their industry — a course that is fast leading toward more and more corporate control over the U.S. cattle industry by beef packers that are capturing control over the live cattle supply chain, just as they have already captured control over both the poultry and hog supply chains.

The beef packers are now focusing their efforts on the feeding sector of the cattle industry by purchasing more and more feedlots (JBS recently purchased the nation’s largest feedlot company, Five Rivers Ranch Cattle Feeding, L.L.C.) and gaining increased control over the fed cattle market through the use of new cattle procurement tools, such as certain marketing agreements and formula-type contracts that effectively reduce the competitiveness of the fed cattle cash market.

As with every major policy issue victory, the real work begins now.

Now that NAIS has been scrapped, a new program needs to be developed to achieve improvements in the United States’ ability to quickly contain and control animal diseases. Independent cattle producers must remain directly involved in the development of this new program to ensure that it does not infringe upon their rights and privileges as did NAIS.

It is encouraging that when Agriculture Secretary Vilsack announced he was going to pursue a new approach to animal disease traceability, he also announced that the U.S. must strengthen its import controls to prevent the introduction of animal diseases at our borders. This is a high priority for independent cattle producers who intrinsically understand that we cannot continue importing diseases like BSE, bovine tuberculosis and brucellosis if we desire to maintain our industry’s reputation of producing the healthiest cattle in the world — a reputation that is the U.S. cattle industry’s competitive advantage in both the domestic market and the global market.

I encourage every cattle producer to take a new look at the relatively new organizations that have amassed uncanny successes for independent cattle producers despite seemingly impossible odds. Each of the organizations that brought us to where we’re at today is not likely to lead us in a new direction. But some of these new organizations will and they need your support to continue winning their fight to restore for the U.S. cattle industry the opportunity for U.S. cattle producers to maintain independent and profitable cattle-producing businesses all across the United States.

The future of the U.S. cattle industry is in your hands and will be determined by which organization you choose to support.

The NAIS that USDA was attempting to force down the throats of independent U.S. cattle producers, utilizing our own tax dollars, would have completely changed the way cattle farmers and ranchers do business.

While obtaining a premises ID number — the first step to a nationwide NAIS — required no effort, the second and third steps in the onerous WTO-mandated system would have been costly, difficult, and, I believe, would have generated rebellion on the range. Reporting the movement of every animal, once it left its birth farm of origin, was a completely unworkable system for producers, especially those operating in our most populous cow states, where the average cowherd size is 30 to 40 mother cows.

Imagine having to get your cattle in a chute, read the tags electronically, and report the numbers to USDA every time you moved a set of calves to another pasture, your Dad’s place, or sent a group of calves to the sale barn. Not only were you going to be required to read the tags electronically, but you were going to be required to report the tag numbers to the appropriate authorities within 48 hours of that movement, or you would be out of compliance and subject to enforcement fines: A range rebellion in the making, and completely unnecessary for a first world country like the United States.

At least for the time-being, the government has listened to the people. A spike has been driven into the heart of a one-world government’s dictatorial rule.

Maybe our Constitution is not dead?

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R-Calf Praises USDA for Decision to Abandon NAIS

Feb 8

Posted by admin in NAIS | No Comments

For Immediate Release

February 8, 2010Contact:
Shae Dodson-Chambers, Communications Coordinator
Phone: 406-672-8969; e-mail: sdodson@r-calfusa.com

Group Praises USDA for Decision to Abandon NAIS

Washington, D.C. — In a letter sent Friday to Agriculture Secretary Tom Vilsack, R-CALF USA President/Region VI Director Max Thornsberry, a Missouri veterinarian, thanked the United States’ top agriculture official for his “receptiveness to the interests of U.S. cattle farmers and ranchers.” On Friday, Vilsack announced he was revising his agency’s prior policy on animal disease traceability and would begin developing a new approach. The U.S. Department of Agriculture’s (USDA’s) prior policy was the National Animal Identification System (NAIS), a policy vehemently opposed by R-CALF USA and its numerous state affiliates.

“The Secretary has signaled he is going back to the drawing board to develop a new system that does not infringe upon the rights and privileges of U.S. cattle farmers and ranchers as did NAIS,” Thornsberry said. “This is exactly what we’ve been urging USDA to do for the past five years. Our organization has expended considerable resources trying to put a halt to NAIS, and we’re pleased that our members’ efforts have finally come to fruition.”

Thornsberry said NAIS was conceived and supported by international trade organizations, ear tag manufacturers and multinational meatpackers, and was all about controlling cattle farmers and ranchers and cattle markets, not about controlling and preventing animal diseases.

“Friday’s announcement is a major victory for independent cattle producers, as it marks the first time in a very long time that USDA did not suppress the interests of cattle producers in order to accommodate the self-interests of the dominant meatpackers and their allies,” he said.

R-CALF USA Animal Identification Committee Chair Kenny Fox said that the 8-point plan R-CALF USA submitted last year to USDA as an alternative to NAIS fits within the new framework described by Vilsack on Friday. Fox also serves as president of the South Dakota Stockgrowers Association (SDSGA), one of R-CALF USA’s largest affiliate organizations.

“Our plan called for the control of disease-related animal identification databases to be vested with state and tribal animal health officials, flexibility in the use of preexisting animal identification devices such as brucellosis tags, no federally mandated premises registration and a renewed emphasis in preventing the introduction of diseases at our borders, all of which are consistent with what USDA announced on Friday,” said Fox.

Thornsberry said this victory was made possible by the thousands of U.S. cattle farmers and ranchers who stood steadfast against NAIS despite the millions of dollars that USDA provided to states and many conventional agricultural organizations in an attempt to enroll as many independent cattle producers as possible into the flawed NAIS system.

“I couldn’t be prouder of R-CALF USA and our state affiliates that never waivered an inch against the extreme pressure applied to our industry by USDA under the previous Administration, by the multinational meatpackers and by the conventional industry trade associations with close ties to both the meatpacking industry and ear tag manufacturers,” he emphasized

“The next step will be to actually help USDA develop the details of this new approach to animal disease traceability, and we will remain directly involved to ensure that the interests of our nation’s independent cattle producers continue to be addressed in this process,” Fox concluded.

# # #

R-CALF USA (Ranchers-Cattlemen Action Legal Fund, United Stockgrowers of America) is a national, non-profit organization dedicated to ensuring the continued profitability and viability of the U.S. cattle industry. R-CALF USA represents thousands of U.S. cattle producers on trade and marketin! g issues. Members are located across 47 states and are primarily cow/calf operators, cattle backgrounders, and/or feedlot owners. R-CALF USA directors and committee chairs are extremely active unpaid volunteers. R-CALF USA has dozens of affiliate organizations and various main-street businesses are associate members. For more information, visit www.r-calfusa.com or, call 406-252-2516.

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Jolley: USDA Tries Mouth-To-Mouth On NAIS

Feb 8

Posted by admin in Food, NAIS | No Comments

The Associated Press misreported this morning that “The USDA Abandons Stalled Animal ID Program.” A press release issued last Friday by the USDA hints at another fate.

Agriculture Secretary Vilsack announced that USDA will develop a new, flexible framework for animal disease traceability in the United States, and undertake several other actions to further strengthen its disease prevention and response capabilities.

Did you understand that statement? The USDA, after a 15 city listening tour last summer, has decided listening is highly overrated. They seemed to understand, acknowledging hearing “a wide variety of comments during the listening tour.”

A document on USDA web site said, “Some people were in favor of NAIS, but the vast majority of participants were highly critical of the program. Some of the concerns and criticisms raised included confidentiality, liability, cost, privacy, and religion. There were also concerns about NAIS being the wrong priority for USDA, that the system benefits only large-scale producers, and that NAIS is unnecessary because existing animal identification systems are sufficient.”

So they’re trying to re-invent the program, make it more palatable to people who signaled their willingness to stand at the farm gate, armed and dangerous, to prevent any part of a government mandated NAIS from creeping into their business.

If the USDA has trouble reading the tea leaves, let Lorrie Morgan explain it to you.

To be more specific, USDA Secretary Tom Vilsack said, “After concluding our listening tour on the National Animal Identification System in 15 cities across the country, receiving thousands of comments from the public and input from States, Tribal Nations, industry groups, and representatives for small and organic farmers, it is apparent that a new strategy for animal disease traceability is needed. I’ve decided to revise the prior policy and offer a new approach to animal disease traceability with changes that respond directly to the feedback we heard.”

What part of no don’t you understand?

The feedback he was talking about was clear, painfully so. Excruciatingly obvious. As plain as the nose on an anteater’s face.

It was “No. Not now. Not ever.”

Most every small farmer and rancher responded with the kind of “cold, dead fingers” response that would gladden the heart of Charlton Heston. Not to repeat myself but I attended two listening sessions; Jeff City and Omaha. The one lone pro-NAIS speaker in Jeff City never finished his spiel. Fearing for his safety, he fled a very hostile audience in mid-speech. The Omaha crowd wasn’t nearly as angry but their message was the same.

It was “No. Not now. Not ever.”

But an ever optimistic Vilsack announced these basic tenets of an ‘improved’ animal disease traceability program. The new plan will -

* Only apply to animals moved in interstate commerce;
* Be administered by the States and Tribal Nations to provide more flexibility;
* Encourage the use of lower-cost technology; and
* Be implemented transparently through federal regulations and the full rulemaking process.

“One of my main goals for this new approach is to build a collaborative process for shaping and implementing our framework for animal disease traceability,” said Vilsack. “We are committed to working in partnership with States, Tribal Nations and industry in the coming months to address many of the details of this framework, and giving ample opportunity for farmers and ranchers and the public to provide us with continued input through this process.”

May I call on Lorrie Morgan, again?

The USDA will convene a forum with animal health leaders for the States and Tribal Nations to initiate a dialogue about ‘possible ways of achieving the flexible, coordinated approach to animal disease traceability we envision.’ Let’s hope they invite all the stakeholders and be prepared to duck and cover.

Chuck Jolley is a free lance writer, based in Kansas City, who covers a wide range of ag industry topics for Cattlenetwork.com and Agnetwork.com.

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NAIS is one day closer to the regulatory grave

Feb 6

Posted by admin in NAIS | No Comments

National Association of Farm Animal Welfare

Ag.Ed@nafaw.org

Official APHIS Factsheet to Veterinary Services 2-5-10 Q & A

http://www.aphis.usda.gov/publications/animal_health/content/printable_version/faq_traceability.pdf

There are 7 pages of government prepared repetitive gobbledy gooking. Within the code verbiage are signs of things to come, and thankfully things to end.

It says nothing about dealing with the only disease that USDA says is costing the US dairy industry a $200,000,000 loss annually — Johne’s. No acknowledgment for a valid test method and a valid vaccination is on the horizon for Johne’s, the only costly cattle disease in the nation.

After today, the states that are prosecuting livestock producers for NAIS non-compliance will be enforcing the beating of a very dead mule. How will states incarcerate Amish who refuse to sign up their premises when the USDA ends premises enrollment??

What will happen to the thousands of government employees who are given grants to enroll premises in NAIS? What will they do for employment; perhaps line up and take turns beating the mule.

Facts remain; the lowest pooper-scooper in a remote dairy barn knows more about costly animal disease and the priority of issues than the marble halls of USDA. Pray that USDA can, possibly — get it, someday.

National Association of Farm Animal Welfare, 2-5-10 Ag.Ed@nafaw.org

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