Posts Tagged NAIS in Courts

NAIS Enforcement Commences against Amish Farmer

R-CALF United Stockgrowers of America

“Fighting for the U.S. Cattle Producer”

For Immediate Release
Contact: Shae Dodson-Chambers, Communications Coordinator

October 14, 2009

Phone: 406-672-8969; e-mail: sdodson@r-calfusa.com

Op-Ed by R-CALF USA Animal ID Committee Chair Kenny Fox**
It Appears NAIS Enforcement Gets Underway in Wisconsin

Billings, Mont. — It appears that in the state of Wisconsin, which has mandated the first prong of the U.S. Department of Agriculture’s (USDA’s) National Animal Identification System (NAIS) through agency rule making, prosecution of individuals opposed to NAIS has begun.

On Sept. 23, 2009, an Amish gentleman named Emanuel J. Miller, Jr., was taken to Clark County Court in Neillsville, Wis., for an evidentiary hearing on complex civil forfeiture for failing to register his premises. The case immediately moved to the first stage of trial. Miller and his father, as well as their church deacon, testified as to their objections to being forced to use the NAIS premises identification number (PIN). As USDA has proudly proclaimed in many glossy brochures, premises registration is the “first step” in the NAIS, and the Wisconsin Amish have become quite aware of this.

On Oct. 21, 2009, in Polk County, Wis., R-CALF USA Members Pat and Melissa Monchilovich are going to trial for the same charges of complex civil forfeiture. Pat and his wife raise cattle in Cumberland, Wis., and have failed to register their property as a premises with the Wisconsin Department of Agriculture and Consumer Protection, as Wisconsin’s Department of Agriculture, Trade and Consumer Protection (DATCP) requires by regulation.

This is the tip of the NAIS iceberg. One could look upon Wisconsin as the sentinel case in the enforcement measures necessary to bring this nation’s citizens into compliance with NAIS.

Although the statute that enables Wisconsin’s DATCP to require premises registration does indeed allow for exemptions, when DATCP wrote the regulations, it decided to disallow any exemptions. This is a major issue, particularly with the Amish community (and others) who hold religious objections to the NAIS.

At the Miller hearing, the Amish said that although they cannot state with absolute certainty that the NAIS’ premises identification number is the precursor to the “Mark of the Beast,” they do know it is the first step of NAIS that leads to the individual numbering and tracking of animals. The Amish said they believe caution is in order to avoid discovering later that they had violated their beliefs and then have no recourse to remedy that error. Their religious objections to obtaining an NAIS PIN are real and personal.

Despite a desire on the part of proponents of NAIS to negate religious objections to NAIS, the fact that it is a global program is indisputable, as enforcement measures and final details are left up to member nations of the World Trade Organization (WTO). In Australia*, rancher Stephen Blair was fined a total of $17,300 for using the wrong tags on 177 of his cattle. Notably, the components of Australia’s National Livestock Identification System (NLIS) are the same as those in NAIS.

In March 2007*, another case in which the identification of cattle was in violation of the identification mandate to facilitate global trade happened the United Kingdom (UK). Dairy farmer David Dobbin had an unspecified number of cattle whose tags didn’t match their “passports.” The European Union (EU) regulations allowed the UK’s Department for Environment, Food and Rural Affairs (DEFRA), to confiscate both his cattle and his passports and to require that he positively identify the herd within 48 hours or face the loss of his cattle. It is a complete impossibility to positively identify animals with neither the animals nor their paperwork, but that was DEFRA’s requirement. The case was put off for one month and then appealed on the basis that DEFRA could ! not afford to keep feeding Dobbin’s cattle, so the animals were destroyed. Mr. Dobbin lost 567 cattle and was paid no indemnity at all.

At issue in the Wisconsin cases is that we are witnessing the first enforcement actions in the implementation of NAIS. The fines in the charges brought against Miller and the Monchilovichs are between $200 and $5,000. Premises identification is just the first step of NAIS, second is the identification of one’s animals, and third is the tracking of each and every movement of one’s animals. The final component is enforcement, which is now coming to bear in Wisconsin.

More than 90 percent of those who attended USDA’s recent “listening” sessions on NAIS said “No NAIS. Not Now, Not Ever!” If we mean that, then we must stand in support of these Wisconsin people being charged with NAIS violations.

* Background: 1) Miller trial, http://ppjg.wordpress.com/2009/09/27/the-lost-people-part-ii/; 2) Stephen Blair, Australia, http://nqr.farmonline.com.au/news/nationalrural/livestock/cattle/cattle-producer-ordered-to-pay-17300-for-nlis-tag-breach/798558.aspx%20); and, 3) Dobbin/UK, http://www.telegraph.co.uk/news/uknews/1545862/Christopher-Bookers-notebook.html.

** Contact R-CALF USA Communications Coordinator Shae Dodson-Chambers to request photo and/or bio information on R-CALF USA Animal Health Committee Chair Kenny Fox. Op-Ed is 720 words.

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NAIS Non-Compliance Trial Update

NAIS Non-Compliance Trial Update
Please Broadcast

Emmanuel Miller, Jr., of Wisconsin, is the first American to have been tried for NAIS non-compliance, on Wednesday September 23.  Wisconsin requires NAIS “premises” registration and many farmers, including Emmanuel Miller, Jr., have refused to comply. Pat Monchilovich, another who refused, goes to trial in October.

This is an enormous historic event, and a pivotal moment in the anti-NAIS movement.  Read Paul Griepentrog’s first hand report on the trial:
http://ppjg.wordpress.com/2009/09/27/the-lost-people-part-ii/

Further Information:
Paul Griepentrog Phone: 715.762.1875  Email: skfarms@centurytel.net

Paul Griepentrog, Wisconsin farmer and Vice-President of Wisconsin Independent Consumers and Farmers Association (www.WICFA.org), filed an amicus brief on Miller’s behalf and attended the trial.

We will continue to post updates.

Yours for freedom,
Deborah Stockton, Executive Director
National Independent Consumers and Farmers Association (NICFA)
nicfa@earthlink.net
www.NICFA.org

National Independent Consumers and Farmers Association
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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NAIS/Premises ID….FCLDF takes it to the courts

NAIS/Premises ID….FCLDF takes it to the courts

Written by: Marti Oakley – Proud Political Junkie’s Gazette

farmer3_deesA decision by U.S. District Judge Rosemary Collyer, located in the Washington District of Criminals, throwing out a lawsuit brought by Farm to Consumer Legal Defense Fund (FCLDF) asking the court to halt the implementation of NAIS, was based on her assertion that there is no federal law and/or, no federal regulation ordering the implementation of the National Animal Identification System (NAIS).  FCLDF brought the suit asking for temporary injunctive relief……a move that was good in its intentions but obviously filed too early.  As no law or regulation exists to authorize NAIS/Premises ID and the claims by USDA and Tom Vilsack go unsubstantiated despite repeated requests to produce the authority they claim, injunctive relief could not be granted as no law has been passed …yet,….although multiple legislative assaults are in the works.

I guess this statement in her opinion would answer the question posed to Tom Vilsack and other officials from the USDA, demanding to know under what authority or law NAIS is being implemented and is scheduled to become mandatory.  Turns out, according to Judge Collyer…there is none.  It would also answer the question as to why Mr. Vilsack nor the USDA will respond to the question or even acknowledge it has ever been asked.

It is apparent from this ruling there is no legal, lawful, legislative regulation or statute which allows, establishes or mandates NAIS.   The USDA, using its so-called “rule-making” authority, which is nothing less than illegal law enacted by a non-elected bureaucracy, has simply been the tool to by-pass constitutional rights and liberties in an effort to expand the power and control of not only the agency itself, but also the federal government which has long since exceeded its Constitutional authority and power on many levels.

Since the court has ruled in this way, does this not make the bribes paid to state officials to “voluntarily” implement NAIS , euphemistically called [cooperative agreements]..an act of collusion?  Wouldn’t this also make refusal to comply with state enacted mandates, for which the Judge herself has admitted, there is no lawful basis, a legal protection for farmers and ranchers?  And would this not also include the prohibition on the SWAT team-like assaults being perpetrated in states like Wisconsin which accepted one of the USDA’s multi-million dollar bribes to do a test run on NAIS/Premises ID?

The judge also seemed not to be concerned about the impending loss of private property rights which is an intended result of NAIS/Premises ID; apparently having no judicial problem with livestock owners being referred to as [stakeholders, legally implying they have an interest in but are not the owners of their own property] and land owners relegated to the category of [tenants or managers] again removing them from the rightful legal ownership of the land.

Judge Collyer’s expert legal opinion went on to say that NAIS is “an identification and tracking program developed by the U.S. Department of Agriculture and adopted by state agriculture departments voluntarily”.  This is a patently false statement by the court.  USDA DID NOT develop the NAIS or Premises ID program.  USDA is simply trying to codify into law Codex Alimentarius and all of its international regulations and standards of which NAIS/Premises Id is a key feature.

Again, paying bribes to state officials to implement what the Judge herself identifies as a non-existence law or regulation should have warranted the halting of any programs regardless of what non-elected agency had launched them into the public domain on behalf of Bio-tech and Codex Alimentarius.

“Collyer continued with….”They, however, completely fail to address Michigan state law, which authorizes the director of MDA to adopt programs such as NAIS compliance for cattle, and plaintiffs’ reliance on federal law is misplaced.”  The Judge does not admit or allude to the fact that Michigan would not have enacted this law without federal interference or encouragement.

The Judge seemed not to consider that Michigan officials had illegally entered into an agreement with USDA, which was the catalyst for the Michigan law, and had accepted monetary assistance, cooperative funding or what is in my opinion, legalized bribery to do so.

The Judge seemed not to be aware of a precedence, (a judicial concept continually invoked by courts when their intended rulings are in conflict with actual law) or, as in this instance totally ignored by the court as it would have rendered the ruling void,  which states:

“The general misconception is that any statute passed by legislators bearing the appearance of law constitutes the law of the land. The Constitution of the United States is the supreme law of the land, and any statue, to be valid, must be in agreement. It is impossible for both the Constitution and a law violating it to be valid; one must prevail. This is succinctly stated as follows: The general rule is that an unconstitutional statute, though having the form and name of law, is in reality no law, but is wholly void, and ineffective for any purpose; since unconstitutionality dates from the time of its enactment, and not merely from the date of the decision so branding it. An unconstitutional law, in legal contemplation, is as inoperative as if it had never been passed. Such a statute leaves the question that it purports to settle just as it would be had the statute not been enacted.”

“Since an unconstitutional law is void, the general principals follow that it imposes no duties, confers no rights, creates no office, bestows no power or authority on anyone, affords no protection, and justifies no acts performed under it.. A void act cannot be legally consistent with a valid one.

An unconstitutional law cannot operate to supersede any existing valid law. Indeed, insofar as a statute runs counter to the fundamental law of the land, it is superseded thereby. No one is bound to obey an unconstitutional law and no courts are bound to enforce it.”
Sixteenth American Jurisprudence, Second Edition, Section 177. (late 2nd Ed. Section 256)

It seems apparent that precedence is only advantageous when it does not conflict with intended encroachment by the government or its agencies.

Although the above opinion is by far not the only opinion of the Courts regarding the illegality of states agreeing to the implementation of what are obviously assaults on constitutional rights and protections, it is the most powerful.

Kudos to Farm to Consumer Legal Defense Fund for having the courage to mount this lawsuit.

© 2009 Marti Oakley

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