Animal ID Rule Filed with OMB for Final Review

Downsize Government

Memo ~~ USDA knows 18% of the beef consumed in the USA was imported
in 2011 because the nation does not produce enough product to feed
it’s people, yet more costly rulemaking is assessed upon producers
by bureaucrats. This document is vague and impossible to determine
the teeth, however, be assured, the devil is in the details. Once
Hammerschmidt gets this approved and mandatory he will personally
add the teath. There will be no more listening sessions or public
comments — the federales will have their way, regardless of the
majoritie’s oppositon.

Yesterday, USDA submitted it Animal Disease Traceability Rule to the
White House Office of Management and Budget for final review. See
Below.
This is one obstinate agency.

 

AGENCY: USDA-APHIS RIN: 0579-AD24TITLE: Animal Disease Traceability
Neil HammerschmidtSTAGE: Final Rule ECONOMICALLY SIGNIFICANT: No
** RECEIVED DATE: 04/25/2012 LEGAL DEADLINE: None
RIN Data
USDA/APHIS RIN: 0579-AD24 Publication ID: Fall 2011
Title: Animal Disease Traceability

Abstract: This rulemaking would establish a new part 
in the Code of Federal Regulations containing minimum 
national identification and documentation requirements 
for livestock moving interstate. The proposed regulations 
specify approved forms of official identification for each
species covered under this rulemaking but would allow such 
livestock to be moved interstate with another form of 
identification, as agreed upon by animal health officials 
in the shipping and receiving States or tribes. The purpose 
of the new regulations is to improve our ability to
trace livestock in the event that disease is found.

Agency: Department of Agriculture(USDA) 
Priority: Other Significant
RIN Status: Previously published in the Unified Agenda Agenda Stage
of Rulemaking: Final Rule Stage
Major: No Unfunded Mandates: No
CFR Citation: 9 CFR 90
Legal Authority: 7 USC 8305
Legal Deadline: None

Statement of Need: Preventing and controlling animal disease is the
cornerstone of protecting American animal agriculture. While ranchers
and farmers work hard to protect their animals and their livelihoods,
there is never a guarantee that their animals will be spared from
disease. To support their efforts, USDA has enacted regulations to
prevent, control, and eradicate disease, and to increase foreign and
domestic confidence in the safety of animals and animal products.
Traceability helps give that reassurance. Traceability does not prevent
disease, but knowing where diseased and at-risk animals are, where they
have been, and when, is indispensable in emergency response and in
ongoing disease programs. The primary objective of these proposed
regulations is to improve our ability to trace livestock in the event
that disease is found in a manner that continues to ensure the smooth
flow of livestock in interstate commerce.

Summary of the Legal Basis: Under the Animal Health Protection Act (7
U.S.C. 8301 et seq.), the Secretary of Agriculture may prohibit or
restrict the interstate movement of any animal to prevent the
introduction or dissemination of any pest or disease of livestock, and
may carry out operations and measures to detect, control, or eradicate
any pest or disease of livestock. The Secretary may promulgate such
regulations as may be necessary to carry out the Act.

Alternatives: As part of its ongoing efforts to safeguard animal
health, APHIS initiated implementation of the National Animal
Identification System (NAIS) in 2004. More recently, the Agency launched
an effort to assess the level of acceptance of NAIS through meetings
with the Secretary, listening sessions in 14 cities, and public
comments. Although there was some support for NAIS, the vast majority of
participants were highly critical of the program and of USDA's
implementation efforts. The feedback revealed that NAIS has become a
barrier to achieving meaningful animal disease traceability in the
United States in partnership with America's producers. The option we are
proposing pertains strictly to interstate movement and gives States and
tribes the flexibility to identify and implement the traceability
approaches that work best for them.

Anticipated Costs and Benefits: A workable and effective animal
traceability system would enhance animal health programs, leading to
more secure market access and other societal gains. Traceability can
reduce the cost of disease outbreaks, minimizing losses to producers and
industries by enabling current and previous locations of potentially
exposed animals to be readily identified. Trade benefits can include
increased competitiveness in global markets generally, and when
outbreaks do occur, the mitigation of export market losses through
regionalization. Markets benefit through more efficient and timely
epidemiological investigation of animal health issues. Other societal
benefits include improved animal welfare during natural disasters. The
main economic effect of the rule is expected to be on the beef and
cattle industry. For other species such as horses and other equine
species, poultry, sheep and goats, swine, and captive cervids, APHIS
would largely maintain and build on the identification requirements of
existing disease program regulations. Costs of an animal traceability
system would include those for tags and interstate certificates of
veterinary inspection (ICVIs) or other movement documentation, for
animals moved interstate. Incremental costs incurred are expected to
vary depending upon a number of factors, including whether an enterprise
does or does not already use eartags to identify individual cattle. For
many operators, costs of official animal identification and ICVIs would
be similar, respectively, to costs associated with current animal
identification practices and the in-shipment documentation currently
required by individual States. To the extent that official animal
identification and ICVIs would simply replace current requirements, the
incremental costs of the rule for private enterprises would be minimal.

Risks: This rulemaking is being undertaken to address the animal health
risks posed by gaps in the existing regulations concerning
identification of livestock being moved interstate. The current lack of
a comprehensive animal traceability program is impairing our ability to
trace animals that may be infected with disease.

Timetable:
Action Date FR Cite
NPRM 08/11/2011 76 FR 50082
NPRM Comment Period End 11/09/2011
Final Rule 08/00/2012

Additional Information: Additional information about APHIS and its
programs is available on the Internet at http://www.aphis.usda.gov.
Regulatory Flexibility Analysis Required: No Government Levels

Affected: State, Tribal
Small Entities Affected: Businesses Federalism: No
Included in the Regulatory Plan: Yes
RIN Data Printed in the FR: No

Agency Contact: Neil Hammerschmidt
Program Manager, Animal Disease Traceability, VS

Department of Agriculture
Animal and Plant Health Inspection Service
4700 River Road, Unit 46,
Riverdale, MD 20737-1231
Phone:301 734-5571
______________________________________________________________________

 

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S.510 Does NOT Protect Local, Natural Food

NATURAL SOLUTIONS FOUNDATION
Your Global Voice of Health & Food Freedom™
www.HealthFreedomPortal.org
<blockquote>Health Freedom USA is pleased to re-post this article by Ms. Hannes which was originally circulated by our friends at NAIS Stinks.com … NAIS is the National Animal Identification System which wants to “chip” all farm animals, “voluntarily” — and, for many reasons we agree with them, NAIS stinks! Both Codex and S.510 are very NAIS friendly, and thus not friendly to farmers, consumer or environment – see: www.FriendlyFoodCertification.org.</blockquote>
Why S.510 Does NOT Protect Local, Natural Food… or Freedom!
S. 510 Hits A Snag
by: Doreen Hannes Dec. 4, 2010
Reprinted with permission from www.naisstinks.com

Senate Bill S 510, the Food Safety Modernization Act, passed the Senate on November 30th, 74-23. Not a single Democrat crossed party lines. This bill is the coup on food in the US. Even though the Tester Amendment was included to dupe those who think it will stop small farmers and processors from being put right out of business, it will only slow down the demise of some small farms.

Then it came to light that a Constitutional issue that had been staring all of us in the face was present. The Senate did not pick up HR2749, which passed the House in July of 2009; instead they took up their own monster in S 510. They also began revenue generation in the Senate (Section 107 of the bill), which is expressly forbidden by the Constitution.

Faced with a patently un-Constitutional bill, that violates Constitutional process, we have to remain vigilant until BOTH houses have adjourned for the winter recess prior to the next session of Congress. Talk about roller coasters.

If the Constitution means anything at all, the House should blue slip S. 510, which would preclude them from taking the bill up and very likely run out the clock for passage in this session.

However, there are four choices available for the legislation to move forward before they adjourn on December 24th. The first is for the Senate to bring it back and get unanimous consent to remove the offending section. Since Senator Coburn of Oklahoma will not consent, that avenue is cut off.

Second is for the Senate to bust S. 510 down to the original a compromise amendment, remove the funding section and the Tester amendment and try to ram it through the entire senate process again before the 24th. This seems unlikely, but do not trust them as far as you can throw a semi trailer loaded with lead.

Third, the Senate could take HR2749, which has already passed the House, and rush it through the Senate, and it would go straight to the Presidents desk with no process with the House necessary. This also seems rather unlikely. The bills are very similar and would have the same detrimental effects for everyone, but the Senators are not familiar with the bill, so it could be really tough.

Fourth, the House Ways and Means committee could pass the bill through and forgive the Constitutional infraction and refuse to blue slip the bill, then vote on it before the 24th and we would have the bill albeit there would be legal issues brought forth that could possibly ensnare the regulations they want to write under this bill. This appears to be the most likely potential for S. 510.

Make no mistake about this, SB 510, or HR 2749 are worse than the Patriot Act, the Health Care bill, and the Federal Reserve Act combined. We can all live without little pieces of paper, and many of us can live without doctors, and we have been living with the increasing police state since 911, but none of us can live without food and water. If we lose food and water, we will not be able to fight anything else.

The Tester-Hagan Amendment Lipstick on a Pig

The largest deception played on the public in S. 510 is the inclusion of the Tester Amendment. This amendment was sold as the complete exemption for all small farms grossing less than $500,000 per year. But if one reads the actual amendment, it is evident that it will not do what it is purported to do for the vast majority of small producers.

The Tester Amendment has strident restrictions on those who may be exempted from HACCP (Hazard and Critical Control Point) implementations. HACCP is 50 pages of instructions that require a certifier to sign off on the plan, and a team to be trained in ensuring the plan is followed on the farm. The requirement of this plan put about 40% of small meat processors out of business several years ago. If you fall under the protection of the Tester amendment, you will not have to do it….but let us see how protective the Tester Amendment really is.

First, the Tester Amendment purports to exempt farms with less than $500,000 in sales from the requirements of S.510. However, to be exempt one must sell more than 50% of their products directly to consumers or restaurants within a 275-mile radius from production, and keep records substantiating those sales. The records are open for inspection and verification of the exemption. In other words, you have to prove you are playing by their rules through record keeping and approval of those records, or meet the more onerous requirements of S.510.

You must apply to be included in the protections of the Tester amendment. You must substantiate through your records for three years that you fit the category of selling more than 50% of average annual monetary value within this 275-mile radius. So, if you sell on the roadside or at a farmers market, you must have a map handy and ask for ID from everyone who purchases from you or lose your exemption. Nice, huh?

Proof of Residence for Food? Really?

I can see it now….A lovely early June day, with the birds singing and the smell of freshly mown hay hanging in the air like the best memory from childhood. A young mother pulls into the Farmers Market and readies herself for a wonderful shopping experience.

She approaches the first stand with her mouth nearly watering at the bright display of fresh produce. I would like 3 cucumbers, please, says the lady with her 3 kids and cloth grocery bag.

Great! Can I see your ID? replies the guy in bibs.

Oh, I am paying with cash she replies with a smile.

No matter, says the farmer, We have to make sure you are within a 275 mile radius of our farm in order to sell to you.

She looks perplexed and says, Well, we are not. We are on our way to visit my parents and I wanted to make a special dinner for all of us, using their locally produced foods so they could remember how good home grown veggies are….So I can not buy from you without an ID?

The farmer scratches his head and says, Now see, I have to be very careful. I belong to a CSA that sells to a Chipotle that is 276 miles from us, so all of my sales at market have to be local or I lose my exemption and will have to hire 5 people to take care of the paper work and then I just go out of business. So no, I can not sell to you. What is more, all the vendors here are part of the CSA, so no one here can sell to you. You have a nice day now!

No Surprises-It is Locally — Global

What we have in Tester is local Agenda 21 Sustainable Development. In sum, control over all human impact on the environment. Everything will need to be within the food shed, and if you are outside of the food shed, too bad for you. It is a great way to surveille and monitor food production and distribution. And you still fall under the broad based reason to believe of the Secretary with the Tester amendment. If the Secretary, meaning the head of the FDA or HHS thinks you may have a problem, or deems what you produce to be high risk, you will be shut down until they say you can begin again. All of your product is subject to mandatory recall; that is why you have to keep records of everyone you sell to. And you will have to register as a facility under the Bioterrorism Act of 2002, referred to as Sec 415 throughout the bill. (Knock knock—this is premises identification as in NAIS)

So please, do not tell me how great the Tester Amendment is, and that the expansive powers being granted to the DoD, DHS, HHS, FDA and USDA in this bill will be helpful to small farmers and local food production and make my food safe. Wake up and smell the coffee!!! Oh, wait. The only state that could produce coffee within 275 miles of itself, is Hawaii. Never mind. Wake up, and smell the tyranny, please.

(The best thing to do right now is to call the members of the House Ways and Means Committee as well as your own Representative and tell them they MUST blue slip S. 510. While I know it gets frustrating to call the Congress critters, the more they know that we know, the better the chance at slowing down the destruction they have planned for us. The switchboard number for Congress is 202-224-3121.)

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Democrat’s Secret Attack on Agriculture with Food Safety Bill

Democrat’s Secret Attack on Agriculture with Food Safety Bill

Monday, 22 November 2010 12:42 Chuck Justice

The Left is notorious for their friendly-sounding nomenclature of bills.  The American Recovery and Reinvestment Act was the phony stimulus bill; the Patient Protection and Affordable Care Act is Obamacare; Wall Street Reform and Consumer Protection Act is Wall Street regulation.  Each of these monstrosities have the same thing in common: they do the exact opposite as they’re advertised.  And that’s why S-510, the Food Safety Modernization Act needs to be stopped from turning into law.  It goes to the Senate floor for a vote the day after Thanksgiving.

This is not the Democratic party that everyone grew up with – it’s been hijacked by some of the most radical, anti-American individuals.  Make no mistake, S-510 is no difference than Obamacare.  If this passes the Senate, the House has already said they’ll pass it in its current form so it can be sent to the president.  Liberals still control the House in this lame duck session, so it’s highly likely that they’ll bundle it up with H.R. 4729, the Food Safety Enhancement Act of 2009, which the House passed and is outline below.  If passed, the government will now not only control your health care, but everything you eat.

To sum up S-510, or the food bill for short, it gives the FDA authority and power for additional enforcement, including fines, penalties, license revocations and new requirements, and control over processes and harvest.  All of this will add additional cost, which will just get passed on to the consumer, but that’s not even the worst aspect of the bill.  Here are some of the troubling elements:

  • Puts all US food and all US farms under Homeland Security and the Department of Defense in the event of contamination or an ill-defined emergency.
  • Would end US sovereignty over its own food supply by insisting on compliance with the WTO, thus threatening national security.
  • Would allow the government, under Maritime Law, to define the introduction of any food into commerce (even direct sales between individuals) as smuggling into the US.
  • Imposes Codex Alimentarius on the US, a global system of control over food.
  • Would remove the right to clean, store and thus own seed in the US, putting control of seeds in the hands of Monsanto and other multinationals, threatening US security.
  • Includes NAIS, an animal traceability program that threatens all small farmers and ranchers raising animals.
  • Would allow the government to mandate antibiotics, hormones, slaughterhouse waste, pesticides and GMOs.
  • Uses good crimes as the entry into state power and control.

So, how do you think that’s going to impact the agriculture industry?  Well, it only gets better if the House bundles it together with HR 2749.  Here are the hidden details of it:

  • $500 annual registration fee on any “facility” that holds, process or manufactures food – “farms” are exempt.
  • Empower the FDA to regulate how crops are raised and harvested – this would eliminate organic farming and lead to the forced purchase of products as mandated by the government.
  • FDA would be granted the power to order a quarantine of a geographic area, which includes “prohibiting or restricting the movement of food or any vehicle being used or that has been used to transport or hold such food within the geographic area.”
  • FDA has the power to make random and warrantless searches of the business records of small farmers and local food producers without evidence that there’s even been a violation.
  • Creates severe criminal and civil penalties for each violation

The ambiguity is intentional.  For example, the power to quarantine a geographic area, including the transportation of food, extends well beyond food safety.  Think about people that go grocery shopping – easily 90% of Americans – they transport food; it has to get home somehow.  Notice how individuals and consumers aren’t exempt.  That’s because liberals want to control an individuals every move because they feel the individual is incapable of making their own decisions.

There is a common trend with the radical liberals in Congress:  all bills need to be passed so the country can see what’s in it.  Nobody knows who wrote the bill; Congressmen don’t even know what’s in it because special interest groups write the bills on their behalf; can we say shadow government?  Or even better, can we say spooky George Soros and his plethora of organizations hell-bent on destroying America.

This food bill needs to be stopped.  A government that has this much control also has the power to take everything away.  Between Obamacare controlling your health care and the food safety bill putting control in the hands of the fourth branch of government – the unelected administrative branch – America is going down a very dangerous path.  Unfortunately, this is what the liberals want.

Chuck Justice is the editor-in-chief for Habledash.

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Food Safety Bill – S. 510 will kill family farms

S. 510 will make your food more expensive and less safe. It will drive many small farms out of business. The leaders of the “lame duck” Congress want to pass this falsely named “food safety” bill NEXT WEEK, but . . . They’ll need 60 votes to break Sen. Coburn’s “hold” on the bill. That means we can defeat S.510 with just 40 votes, but we must apply the pressure now! Please send a letter right now telling your Senators to oppose S. 510. You may borrow from or copy this letter . . . S.510 will crush family farms and small businesses with excessive regulations – even though they were NOT the source of recent food safety problems. S.510 also violates the Fourth Amendment by allowing the FDA to invade and search farms and food producers without court permission. If you think the FDA will use this new power responsibly, think again. David Gumpert reports that the FDA shut down two raw-milk cheese-makers for the presence of the pathogen listeria, even though . . . http://tinyurl.com/2e5x2sq * Nobody got sick * The FDA almost never shuts down companies for the mere presence of pathogens – even when people DO get sick * Companies have previously been allowed to clean things up, rather than shut down. If the FDA is starting to behave like this now, just imagine how abusive it will be under S.510? Finally, it must be stressed that big agribusiness has been the source of most recent food safety problems. S.510 will make this problem worse by burdening small producers, and driving them out of business. This will make our food supply more centralized, less diverse, and more dangerous. Please STOP S.510. This Congress must NOT pass any food safety bill. Remember, the voters have repudiated this Congress, and it’s heavy handed ways. END LETTER You can send your letter through DownsizeDC’s Educate the Powerful System. Remember, Congress DOES read your letters. They DO have an impact. The more letters they receive, the more we’re likely to succeed. So please forward this, share on your social networks, and retweet this message: http://twitter.com/#!/DDCDispatch And thank you for being a DC Downsizer! James Wilson Assistant Communications Director DownsizeDC.org D o w n s i z e r – D i s p a t c h Official email newsletter of DownsizeDC.org, Inc. & Downsize DC Foundation. SUPPORT the “Educate the Powerful System”. Feel Free to Forward or Reprint, as long as attribution and action links are retained/included. But we recommend you delete everything in this footer, i.e., below the words “Downsizer-Dispatch”.

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Would the Amish Use This Hand-Cranked Laptop?

OLPC-Amish.jpg

The non-profit One Laptop Per Child has engineered laptops for the world’s computerless masses. Given that billions of people don’t have electricity, OLPC has designed laptops that can operate off-the-grid, perfect for Rwandan cities, aboriginal Canadian settlements — and Amish colonies.

The Amish live in a constellation of agrarian spots in the northern United States and they’re famous for their opposition to some modern technologies, specifically high-voltage electricity. But like many religious close-knit religious communities, they tend to pick and choose which specific products to adopt. If the Amish could have the computer without the electricity, would they use them?

The answer, basically, is yes.

For the Amish, the bigger issue relates to connecting to the outside world. “Not being on the grid continues to be universal in Amish life,” explains professor David L. Weaver-Zercher, author of The Amish Way. “There is kind of a symbolic thing with the grid, that the wires themselves are physically connecting your house. That is a clear connection to worldly ways of doing things that we want to avoid.”

But that doesn’t mean there hasn’t been demand for electronics. Back in 2008, a Lancaster man marketed a stripped down computer he called the Classic Word Processor to his brethren, noted Amish expert Donald Kraybill of Elizabethtown College in Pennsylvania. It was “made specifically for the plain people by the plain people,” a coded reference designed to appeal to decidedly agrarian people.

Donald_Kraybill_20101028_125201_001.jpg

The flyer’s creator knew his audience. Unlike ads for the new Apple product of the moment, this downplays the computer’s tech touting it as “just a workhorse for your business.” It would provide “unequaled safety” because it had “no modem, no phone port or Internet connection, no outside programs, no sound, no pictures, no games or gimmicks.”

As new technologies emerge, the Amish weigh their utility against their danger. Certain technologies threaten the Amish ideology. As Donald Kraybill describes in The Riddle of Amish Culture, “The Amish are suspicious that beneath the glitter of modernity lurks a divisive force that in time might fragment and obliterate their close-knit community.”

Ultimately, an individual congregation’s bishops decide if an innovation might benefit the community. After passing their judgment, the community votes: If they believe using a computer might improve life, then they might approve its use. Since the process depends on the community, certain Amish people have adopted more new tech than others. Some approve bicycles, while others find those too technologically advanced, instead permitting only scooters.

After a technology gets approved, it doesn’t mean people won’t use it inappropriately. The Classic Word Processor’s whole pitch is that it can’t be used to connect to any unauthorized networks, lacking even a modem.

But what about when communication is built into the product itself? While the bishops certainly don’t sanction Internet usage, a precedent has already been set approving cell phones. But as phones evolve to contain other technologies — like the not-Amish-approved Internet — users gain access to the mobile web. But hey, if the Amish have been able to come to compromises on chemical fertilizer, tractor, car, and electricity use, they can probably figure out how to deal with smartphones.

It’s complex, but one thing you have to give the Amish is that they have values outside of base consumer instincts. Unlike most of us, they at least attempt to consider the consequences of new technology in their lives.

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Georgia Man Fined $5000 for Growing Vegetables

Georgia Man Fined $5000 for Growing Vegetables


The Intel Hub
By TheAvalonRoundTable

A Georgia resident who has been an organic farmer for years is now facing $5000 dollars in fines for growing too many vegetables on his OWN land. That’s right.

Steve Miller, who has sold some of his produce at local farmers markets, as well as growing food for himself, is likely the victim of an Online Aerial Invasion of Private Property. This invasion of property is probably due to the fact that unless visited or inspected by an official, there would be no way for there to be an accurate or factual accounting of what was going on at Mr. Millers property. The question is, “Does Steve Miller legally posses a reasonable expectation of Privacy on his own Private Property?

Recent reports of Local & State Officials and Bureaucrats using online mapping software have now become mainstream tools for assessing fines and generating money for cash strapped local & state budgets. Does it seem right that anywhere that Google Maps & Bing Maps can go is legal to use as a source of information. If a person was bathing in their pool, with every expectation of privacy, and someone peeked over a fence, wouldn’t that constitute a criminal offense?

Is the expectation of privacy something the government wants to destroy altogether?

Is government today at a point where the end justifies the means? In January and February, when he received his first citations, Steve was able to get the property re-zoned allowing him to grow his garden – a right MOST AMERICANS believe he already had. The Declaration of Independence states one’s inalienable right to Life, Liberty and the Pursuit of Happiness. Isn’t growing your own personal food supply an exercise of that right to Life and Liberty? No Constitutional Government can assess any fee for exercising these inalienable rights.

In the recent past, Victory Gardens were encouraged. They were the pride of one’s back yard, and of a Nation that was self-sufficient. The television series The Victory Garden on PBS, documents gardening and provides gardening tips and features vegetable gardens as a great personal achievement.

Historically,Victory Gardens in World War II were encouraged to keep the supply of food at a maximum – and personal growing increased the industrial supply to the military.

Are people going to let this FASCIST TAKEOVER to continue – even growing a garden in the privacy of our own personal property be taken away? If the answer is NO – then what are you prepared to do about it?

You can watch the video aired on WSBTV in Georgia – County Sues Farmer for Excessive Crops

Let them know how you feel about this.

The question remain unanswered; “How did the code enforcement agency know Mr. Miller had a garden in the first place?”

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Amish Farming Draws Rare Government Scrutiny

Amish Plowing

Matthew Stoltzfus, left, on his farm in Lancaster, Pa., where a government program is working with Amish farmers to try to instill more environmentally sound methods for handling runoff.

By SINDYA N. BHANOO
Published: June 8, 2010

LANCASTER, Pa. — With simplicity as their credo, Amish farmers consume so little that some might consider them model environmental citizens.

“We are supposed to be stewards of the land,” said Matthew Stoltzfus, a 34-year-old dairy farmer and father of seven whose family, like many other Amish, shuns cars in favor of horse and buggy and lives without electricity. “It is our Christian duty.”

But farmers like Mr. Stoltzfus are facing growing scrutiny for agricultural practices that the federal government sees as environmentally destructive. Their cows generate heaps of manure that easily washes into streams and flows onward into the Chesapeake Bay.

And the Environmental Protection Agency, charged by President Obama with restoring the bay to health, is determined to crack down. The farmers have a choice: change the way they farm or face stiff penalties.

“There’s much, much work that needs to be done, and I don’t think the full community understands,” said David McGuigan, the E.P.A. official leading an effort by the agency to change farming practices here in Lancaster County.

Runoff from manure and synthetic fertilizers has polluted the Chesapeake Bay for years, reducing oxygen rates, killing fish and creating a dead zone that has persisted since the 1970s despite off-and-on cleanup efforts. But of the dozens of counties that contribute to the deadly runoff of nitrogen and phosphorus, Lancaster ranks at the top. According to E.P.A. data from 2007, the most recent available, the county generates more than 61 million pounds of manure a year. That is 20 million pounds more than the next highest county on the list of bay polluters, and more than six times that of most other counties.

The challenge for the environmental agency is to steer the farmers toward new practices without stirring resentment that might cause a backlash. The so-called plain-sect families — Amish and Old Order Mennonites, descended from persecuted Anabaptists who fled Germany and Switzerland in the 1700s — are notoriously wary of outsiders and of the government in particular.

“They are very resistant to government interference, and they object to government subsidies,” said Donald Kraybill, a professor at Elizabethtown College who studies the Amish. “They feel they should take care of their own.”

But the focus on the plain-sect dairy farmers is unavoidable: they own more than 50 percent of Lancaster County’s 5,000-plus farms.

“It’s been an issue over the last 30 years,” Dr. Kraybill said. “We have too many animals here per square acre — too many cows for too few acres.”

For now, the environmental agency’s strategy is to approach each farmer individually in collaboration with state and local conservation officials and suggest improvements like fences to prevent livestock from drifting toward streams, buffers that reduce runoff and pits to keep manure stored safely.

“These are real people with their own histories and their own needs and their own culture,” said John Hanger, the secretary of environmental protection in Pennsylvania. “It’s about treating people right, and in order to treat people right, you’ve got to be able to start where they are at.”

But if that does not work, the government will have to resort to fines and penalties.

Last September, Mr. McGuigan and his colleagues visited 24 farms in a pocket of Lancaster County known as Watson’s Run to assess their practices. Twenty-three of the farms were plain sect; 17 were found to be managing their manure inadequately. The abundance of manure was also affecting water quality. Six of the 19 wells sampled contained E. coli bacteria, and 16 had nitrate levels exceeding those allowed by the E.P.A.

Persuading plain-sect farmers to install fences and buffers underwritten by federal grants has been challenging because of their tendency to shy from government programs, including subsidies. Members neither pay Social Security nor receive its benefits, for example.

Word of the E.P.A.’s farm visits last September traveled rapidly through Amish country, Mr. Stoltzfus said, even though most plain-sect farmers do not have their own phones.

The farmers whom the agency visited declined to be interviewed. But Mr. Stoltzfus, whose brother-in-law was among them, said that as the news circulated, some farmers decided on their own to make changes in anticipation of intervention by the agency.

“I had never heard of the E.P.A. coming out to do inspections,” he said. “I think these practices are going to be required more.”

With help from the Lancaster County Conservation District, Mr. Stoltzfus applied for a government grant to help finance construction of a heifer barn with a manure pit. He expects the grant to cover about 70 percent of the cost.

But some Amish farmers were angered by the agency’s intrusion and its requirements.

“It’s certainly generated controversy,” said Sam Riehl, a farmer in the area. “We wonder whether we are being told what to do, and whether the E.P.A. will make it so that we can’t even maintain our farms.”

Mr. Riehl said he had vowed never to accept a government grant. He does have a manure management plan and a manure pit, he said, although several of his neighbors do not.

Last year the federal Fish and Wildlife Service awarded $500,000 to the Chesapeake Bay Foundation to work with the farmers on switching to barnyard runoff controls, streamside forest buffers, no-till farming and cover crops. The money has been lucrative for local agricultural companies like Red Barn Consulting, which has used some of it to hold milk-and-doughnut sessions in barns for Amish farmers and drop off fliers door to door.

The firm’s owner, Peter Hughes, and his employees instruct the farmers on manure management and do free walkthroughs to offer suggestions. In the last six months, Mr. Hughes said, his plain-sect clientele has soared from several dozen farmers to about 200.

Working with the plain sect presents challenges, Mr. Hughes said. For one thing, the group is deeply averse to salesmanship. Then there is the technological communication problem: most of the farmers share a phone booth along a road with several neighbors.

“I had one client who would call me at 5:15 every morning,” he said. “That was his allotted time to use the phone, and that was the only way for us to talk.”

Most days Mr. Hughes is on the road in his pickup visiting farmers. As he drives, he said, he is often struck by the dichotomy between a would-be pastoral ideal and the environmental reality.

“You see those cows and the fields, and it’s beautiful,” he said. “But then there’s that big pile of manure sitting back there.”

Mr. Stoltzfus hopes he is ahead of the game. By adopting new practices and building the manure pit, he thinks he can both help the environment and steer clear of E.P.A. interference.

At midday, Mr. Stoltzfus was placing a bowl of cut fruit into a propane-powered cooler in his backyard, one of the family’s few concessions to technology. Hand-washed black pants and plain cotton dresses fluttered on a clothesline behind him. He offered a taciturn reflection on how quickly things had changed — his willingness to accept the grant, for example.

“A while back, Old Order Amish would not participate in programs like this,” he said, “but farming is getting expensive.”

And then he ended the conversation.

“Is that all?” he said politely but coolly. “I have work to do.”

It was milking time.

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Food & the Interstate Commerce Clause

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

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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FDA Raids Amish Farmer Dan Allgyer

FDA Raids Amish Farmer Dan Allgyer
Please take action (see ACTION at end of notice)

Kinzers, PA-At 4:30 a.m. on Tuesday April 20, Amish farmer Dan Allgyer went outside to begin milking his small herd of dairy cows.  On the normally quiet Kinzer Road in front of his farm, just a few miles from the Nickel Mines Amish massacre of 2006, several unfamiliar vehicles drove slowly past.  Two months prior, on February 4, FDA agents had trespassed on Allgyer’s farm, claiming to be conducting an “investigation.”  Allgyer had suspected they would be back at some point, because many other small dairy farms around the country have been similarly treated by the FDA. Following is Dan’s account of Tuesday morning’s events:

I became aware of the cars as soon as I walked out on the sidewalk as part of my morning routine around 4:30 a.m. and immediately said to myself something is going on, there is too much traffic on Kinzer Road.  I was watching and noticed three cars were cruising down Kinzer Road right behind each other, and immediately thought, hey, that looks like trouble. I watched and pretty soon one car came back and parked on my neighbor’s farm, on private property, just as the FDA agents had when they came on my property in February; it was exactly the same place.

A couple minutes later, the other two cars pulled up and joined the first on my neighbor’s property, where the occupants appeared to be in conference with one another. Shortly after that, they turned their headlights on and drove in my lane – this would have been at about 5:00.

I stood back in the dark barn to see what they were going to do. They drove past my two Private Property signs, up to where my coolers were, with their headlights shining right on them. They all got out of their vehicles – five men all together – with big bright flashlights they were shining all around. My wife and family were still asleep. When they couldn’t find anybody, they prepared to knock on the door of my darkened house. Just before they got to the house I stepped out of the barn and hollered at them, then they came up to me and introduced themselves. Two were from the FDA, agent Joshua C. Schafer who had been there in February and another. They showed me identification, but I was too flustered to ask for their cards. I remember being told that two were deputy U.S. Marshals and one a state trooper. They started asking me questions right away.  They handed me a paper and I didn’t realize what it was. Agent Joshua C. Schafer told me they were there to do a “routine inspection.” At 5:00 in the morning, I wondered to myself? “Do you have a warrant?” I asked, and one of them, a marshal or the state policeman, said, “You’ve got in your hand buddy.” I asked, “What is the warrant about?” Schafer responded, “We have credible evidence that you are involved in interstate commerce.”

They wanted me to answer some questions, my name, middle initial, last name, wanted to know how many cows we have on the farm. I answered those questions and some more. Finally, I got over my initial shock and said I would not be answering any more questions. They said O.K., we’ll get on with the “inspection.”

I went to go talk to my wife. As I walked away, they held a quick excited conversation and I heard one of them say, “I’ll take care of him.” At that point, apparently, they had designated one of the marshals to stick close to me and dog my footsteps. He followed me as I walked toward the house. I went in the house quickly and told my wife a few words to let her know the situation, then immediately came back out of the house before the marshal had time to follow me in. When I came back out, they were inspecting all the coolers sitting out. They spent about a half hour digging through the packed coolers filled with milk and other food – all private property – taking pictures.

At one point during the cooler inspection the state trooper said to me, “You have a nice farm.” I responded, “We’re trying to be sustainable, but they don’t want to let us.”

While they inspected the coolers, I read the warrant. Among other things it said that any search was to be conducted “at reasonable times during ordinary business hours.” When I exclaimed, “Ordinary business hours!” and pointed this out to the marshal who was dogging me, he said, “Ordinary business hours for agriculture start at 5:00 a.m.” I challenged him that the warrant does not say agriculture hours, it said ordinary hours. He replied, “That’s what the government told us.”

Then they started looking around, as though in search of something in particular. They went up to one door that had a clear No Trespassing sign on it, specifically including government agents, and they did not go in the room, though they shone their flashlights around in it. Then they asked me, “What is on the other side of the door in that [same] room?” Agent Joshua Schafer asked this. I looked him in the eye and did not answer. When they saw I was not going to answer, the other FDA agent said, “Okay, come on,” to agent Schafer, and they went into the room and through the closed door on the opposite side. I had another one of those signs on my walk-in cooler adjacent to my freezer, so they went through that door also. They spent probably another half hour rooting around, like a couple of pigs, in the freezer and cooler area and took many pictures.

When they came out, they asked me where I keep my containers and jugs for milk, and I refused to tell them. I figured they could look for themselves. Then they were walking all over the farm, checking everything out, everything except the house. Agent Joshua Schafer even opened my dumpster and inspected inside it, as though he thought I was hiding something in it. At that point I went and started milking my cows – it was way past milking time.

When I was just about done milking, Schafer and the other agent came in the barn and wanted me to answer some more questions. I told them I would not. The second agent said, “Are you gong to deliver those coolers to Bethesda and Bowie Maryland?” I just looked at him. Then Schafer made a gesture and said, “The stickers with those towns names are on the coolers,” as through to say, you might as well tell me.

I replied, “I told you I won’t answer any questions.” After that they said, “We are done for today. You’ll be hearing back from headquarters.”

Then they got in their car and left. The state trooper and the marshals had left already.

They came in the dark, shining bright flashlights while my family was asleep, keeping me from milking my cows, from my family, from breakfast with my family and from our morning devotions, and alarming my children enough so that they first question they asked my wife was, “Is Daddy going to jail?”

THE NEXT MORNING Allgyer received an overnight, extremely urgent Letter of Warning from the FDA stating that “Failure to make prompt corrections could result in regulatory action without further notice. Possible actions include seizure and/or injunction.”

ACTION: Please call and write the number and address below. Express yourself. Tell them that you support Dan Allgyer. If you drink fresh, unpastuerized milk tell them that. Tell them that more people every day are drinking fresh milk and this is going to increase. It’s not going to stop no matter how many farmers they persecute. Tell them the government has no place between individuals and the farmers from whom they get their food.

Philadelphia District Office
Serves Delaware and Pennsylvania.
Food and Drug Administration
U.S. Customhouse
Second and Chestnut Streets, Room 900
Philadelphia, PA 19106
(215) 597-4390 8:00 a.m. – 4:30 p.m. (Eastern time)

Yours for real food freedom,
Deborah Stockton, Executive Director
National Independent Consumers and Farmers Association (NICFA)
nicfa@earthlink.net
http://www.nicfa.com

Our purpose is to promote and preserve unregulated direct farmer-to-consumer trade
that fosters availability of locally grown or home-produced food products.
NICFA opposes any government funded or managed National Animal Identification System.

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