Posts Tagged NAIS kills competition

USDA Pretends to Kill NAIS

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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Costs for USDA-Recommended Animal ID Package: $9,995

The Milkweed

Dairy’s best marketing info and insight
P.O. Box 10, Brooklyn, WI 53521 – (608) 455-2400 (c) 2002 – 2008 The Milkweed all rights reserved

by John Bunting

$9,995.00? $9,995.00??? NINE THOUSAND,    NINE HUNDRED, NINETY FIVE DOLLARS?????    On December 28, 2009, critics of USDA’s    goofy plans to mandate radio-frequency identification    devices (RFIDs) in all livestock got just the fodder    they need to set livestock country afire in protest:    the price tag for this absurd government mandate —    the National Animal Identification System (NAIS).    Forget USDA’s “cost-benefit” analysis claiming    that computer-chipped livestock ear tags would    cost about $3 to $5 dollars apiece. The cost of those    ear tags, even when purchased in minimum lots of    100, is peanuts, compared to the accompanying    hardware necessary to use those ear tags.

$9,995.00. That’s the “bundled startup kit” cost offered with a discount of $1,905.36, when compared to the costs of the components in the “startup kit,” if    those items were purchased separately.

$9,995.00 out-of-pocket costs so livestock producers    may comply with USDA’s intended mandate to require all livestock in the U.S. to be monitored with ear tags containing computer chips? In Missouri, for example, a hotbed of anti-NAIS, the average beef cattle operator has 35 head. In these money-losing times for beef ranchers, how can Uncle Sam demand livestock raisers shell out a minimum of $9,995 for a “startup kit” for this foolishness.

The December 28, 2009 press release said:
“Eriginate™ Corporation announced today the    approval of its eTattoo™ tag by the United States    Department of Agriculture (USDA). The approval    marks the first ultra-high radio frequency identification    tag (UHF RFID) and the first non-low frequency    tag (LF) to be approved for use with the ‘840’    Animal Identification Number (AIN).”

This private electronic devise is approved by    the USDA for use in the controversial National Animal Identification System (NAIS) program. USDA has promoted this program as a winning solution for everyone in animal agriculture.

Many persons in animal agriculture have objected for many reasons, including religious objections.

USDA has posted a cost/benefit analysis available at: http://animalid.aphis.usda.gov/nais/naislibrary/
documents/plans_reports/NAIS_overview_report.pdf

In the overview cost/benefit analysis, USDA explains the “Economic benefits in both the    domestic and international marketplace resulting    from enhanced traceability may be greater than the    cost savings realized during animal disease control    and eradication efforts.”

On page 5 of this same document, USDA    states, ” Tags and tagging costs vary among cattle    producers with 50 head from $3.30 to $5.22 per cow,    depending on current identification practices.” Well,    that cost/analysis is not exactly correct because the    eartags are the only low-cost element in the system.    In addition to the tags you need the reader or    scanner.

eTattoo™ conveniently has a “starter” kit.

$9,995!!! That “startup kit costs    $99.95 per animal!!!

This kit would be the basic requirement for a    small family dairy of say 50 milking cows. Replacement tags, and they certainly will be necessary, are a low $395 per hundred.

eTattoo™ claims, “Tags will accommodate    handwritten management numbers.” What exactly    is missing here? Anyone might think these fancy    tags would eliminate the need for “handwritten management    numbers.” What will government bureaucrats    and their anointed corporate beneficiaries conjure    up next?

Get yours while supplies last at:    http://www.etattootag.com

Company contact information:
Mailing address:
eriginate Corporation
PO Box 189
LeRoy, MN 55951-0189

Phone: (785) 694-3468
E-mail: Info@eriginate.com
Web site: www.etattootag.com

Harmful to small & medium farmers

Is USDA intentionally trying to destroy the nation’s small and medium livestock producers? USDA ultimately intends to mandate electronic livestock identification. Few small/medium livestock producers will be able to afford $10,000 for such technology. The margins in livestock have generally been negative. USDA has misrepresented costs for the NAIS program.

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Opinion: Out of whack things righted, once in Blue Moon

by Richard Oswald – 1/31/2010

Blue MoonYear in and year out, things here stay pretty much the same. We still have death and taxes. The sun rises in the east and sets in the west, and the North Star is always perfectly positioned above the neighbor’s barn.

But on rare occasions the finer aspects of nature (and people) become a bit less predictable.

The year ended in Langdon the same way it did in the rest of North America, with a Blue Moon. (That’s a full moon at both the beginning and the end of the month.)

It was that kind of year from start to finish. We had a late spring, an unusually cool growing season, rainfall that was nearly double the normal amount, an earthquake, and a difficult harvest followed by blizzards throughout December — all stuff that only happens once in a Blue Moon.

Dump The Pork TaxOnce in a blue moon folks like me get to thinking that some of the out-of-whack things in America might somehow be getting better for our food — and the people who raise it.

The pork checkoff election

A few years back a lot of us were giving high fives when U.S. Agriculture Secretary Dan Glickman took the unusual step of allowing pork producers to decide whether or not to keep the pork check-off — a mandatory fee paid into a marketing fund each time a hog is sold.

Say No To NAISA majority of pork producers voted to repeal the check-off rather than continue funding the agenda of big pork processing corporations. That’s because packers and their best buddies had camouflaged themselves to look like producers instead of end-users.

Small producers were being sold down the river by big agribusiness.

Hog growers were working under contracts with the packers that were harsh and difficult to enforce. Hog raisers couldn’t find reliable markets, and those who tried to compete on their own with the big packers were giving up and leaving the farm in droves.

The revolt against the pork checkoff was one of those blue moon moments.

Glickman answered the will of the farmer, approved a referendum on the check-off, and when a vast majority of producers voted to end it, he certified the results. The check-off tax was dead.

Unfortunately, Glickman left town with the rest of the Clinton administration before the results of the referendum could be enacted. His Bush administration successor, Anne Veneman, set the election results aside, telling producers their voluntarily-funded checkoff project had now essentially become a mandatory federal tax.

For the most part we don’t get to vote on taxes in America. We only get to vote on the people in Congress who establish them. The pork check-off was different. It was voted in by the people who would pay it, and the same people voted it out (until Sec. Veneman intervened).

Sometimes the government just doesn’t seem to hear us very well. It happens over and over.

Mad cow disease

For example, U.S. beef producers wanted to certify their own beef as BSE (Mad Cow Disease) free. It seemed a reasonable request, since we were losing business outside the U.S. because other countries feared that they were importing BSE meat. But the big packers didn’t want that label because it would have allowed small producers to gain an advantage in exports, a coveted retail market.

Even though U.S. producers such as Creekstone Farms and Gateway Beef were going to test for BSE in every animal they sold, the U.S. Department of Agriculture said that only the government could test for BSE.

Of course, BSE didn’t come from U.S. beef, but from imports from Canada or Great Britain. The big meat packers didn’t want that to be accepted knowledge because beef imported from Canada and elsewhere can be a cheap source of profit.

Once in a blue moon things change, and “change” was the promise of the Obama campaign in 2008.

Things are definitely looking up, but change is easier to talk about than accomplish. When Mother Nature wants modification to the status quo she lets the chips fall where they may. When man alters things, he too often seeks a consensus of major players: titans of industry, bankers, ranking politicians, and the wealthy. They all want to be in the room together.

Guys like me are generally on the outside looking in, supplying at cost the pure basic commodities big business adulterates for profit.

National animal identification

That brings us to the National Animal Identification System.

The NAIS would require each farm animal to be tagged with a computer chip. Grassroots producers fought against mandatory animal ID throughout most of the Bush years. When President Obama was elected. there was celebration by farm groups because we thought NAIS was finally dead. Or was it?

Producers realized that NAIS ignored the real issues of food safety by putting small family farms at a disadvantage with big agribusiness. Under the NAIS proposal, a farmer with 50 cows and calves on pasture would have to tag all 100 animals.

But a feeder packer with a dozen 10,000 hog confinement buildings only had to report 12 numbers, one for each building. All that information was to be stored in a privately-operated database outside USDA with only “insiders” having access to the records.

NAIS never made sense. Virtually all food safety and pollution problems stem from imperfect processing and imported animals and food products (such as beef scraps from Uruguay), but the government was in effect saying small producers were mostly to blame. After all, NAIS was holding us to higher standards than the real food safety offenders. Animal ID was a way for corporations to shift the blame for their mistakes to farmers who had no control over what happened once their animals left the farm.

Producers geared up to fight NAIS the best they could by attending USDA listening sessions to testify against animal ID. Even when the testimony was overwhelmingly against NAIS, the USDA continued to move ahead with plans for implementation until some in Congress, like Sen. Jon Tester of Montana, were successful in cutting funding to the program.

Tester is a farmer, rancher and livestock owner who is also a U.S. Senator.

If money is the source of all evil, we definitely pulled NAIS up by the roots, persuading the House of Representatives to eliminate funds and the Senate to at least radically curtail them.

Or so we thought. Today, even with funding cut, government and corporate insiders are still talking about NAIS, waiting for their chance to bring it back to life.

I’ve heard that as our nation grows, we must all be willing to give up some of our rights for the good of all. I would agree that’s true when it comes to traffic lights or airport screening.

But food?

Big seed

These days it’s not too unusual for seed companies to sue each other. Lately a single seed company has gotten big enough to control 98 percent of the soybean seed market and 79 percent of corn.

The last time a single entity controlled that much seed was when Adam walked alone in the Garden.

That company, Monsanto, says it needs single-handed control and big profits to enable farmers to feed the hungry. Some farmers reply that all we really need to do our job is freedom of choice to buy seed without fear of economic retribution.

In a rare and uncommon turn of events, the Department of Justice has decided to investigate whether Monsanto’s unusual control of seed markets violates federal antitrust laws.

The last time the U.S. cracked down on this much corporate power was when Teddy Roosevelt played trustbuster 100 years back. That was many moons ago.

It used to be that rulemaking took place in the light of day.

For Americans, sightless regulators blinded by power have been a big problem in agriculture, banking, Wall Street, the futures markets, healthcare, energy… you name it.

But once in awhile, like now, if the problem is big enough, a little light from a Blue Moon is what is needed to start setting things right.

Richard Oswald farms and writes from his home near Langdon, Mo. His column regularly appears at www.dailyyonder.com. Reprinted with permission.

The North Platte Bulletin – Published 1/31/2010
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16 Cattle and Farm Groups Urge Secretary Vilsack to Take a New Direction to Prevent Animal Disease Spread

Washington, D.C. — In a hand-delivered letter to U.S. Secretary of Agriculture Tom Vilsack, sixteen groups called the agency’s practice of using inadequate international standards and the OTM Rule to leverage global export markets into conformity with weaker disease standards “deplorable.” The OTM Rule was implemented in 2007 and authorizes the importation into the U.S. of older Canadian cattle that have a higher-risk for bovine spongiform encephalopathy (BSE).

The groups state they disagree with the “uncritical deference” that Vilsack has accorded the World Organization for Animal Health (OIE), which recently designated both the U.S. and Canada as ‘controlled risk’ countries for BSE. According to a letter R-CALF USA received from Vilsack , the agency believes the OIE’s designation provides assurance that measures are in place in both countries to manage ‘any possible risk of BSE in the cattle population,’ and that cattle and beef can be ‘safely traded by both nations.’

But the groups state that USDA is wrong to rely on the weaker OIE standards and that Vilsack’s stated position is inconsistent with Congress’ mandate “to protect animal health and the health and welfare of the people of the United States by preventing the introduction into or spread within the United States of BSE.” The groups urged Vilsack to carry out his congressional mandate by rescinding the OTM Rule.

The groups state also that Vilsack’s position is directly contradicted by his agency’s own risk assessment model that predicts that under the OTM Rule, the U.S. “will introduce 19 BSE-infected cattle from Canada over the course of 20 years,” and two U.S. cattle would become infected. In addition, the groups state that USDA “estimates the cost to U.S. cattle producers, for the privilege of begin exposed to a heightened risk for BSE from Canadian cattle and beef, would be over $66 million per year (or approx. $1.3 million each week), for which no c! ompensation can be obtained from anyone.”

The letter states that the OTM Rule is a human and animal health issue. “Clearly, the OTM Rule is increasing the risk of introducing BSE into the U.S. from Canada, increasing the risk of infection of BSE in both U.S. cattle and in humans, and causing tens of millions of dollars in financial losses for U.S. cattle farmers and ranchers.”

Along with R-CALF USA, the following 15 organizations joined the letter to urge Vilsack to immediately rescind the OTM Rule: Buckeye Quality Beef Association (OH), Cattle Producers of Washington, Colorado Independent CattleGrowers Association, Independent Beef Association of North Dakota, Independent Cattlemen of Nebraska, Independent Cattlemen of Wyoming, Kansas Cattlemen’s Association, Kansas Farmers Union, Missouri Farmers Union, National Farmers Organization, Nebraska Farmers Union, Nevada Live Stock Association, Oregon Livestock Producers Association, Ozarks Property Rights Congress (MO), and the South Dakota Stockgrowers Association.

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The Fight for America’s Farms in Wisconsin: Marti Oakley Reports

The Fight for America’s Farms in Wisconsin: Marti Oakley Reports

“One has not only a legal but a moral responsibility to obey just laws. Conversely, one has a moral responsibility to disobey unjust laws. I would agree with St. Augustine that ‘an unjust law is no law at all’.” (Martin Luther King – Letter from Birmingham Prison, Alabama)

Wisconsin’s “war” against agriculture — is it the blueprint for a NAIS nation?

It looks like the war of the elites against American agriculture is starting in Wisconsin. Marti Oakley, of The PPJ Gazette, reports from the front lines:

That M on the police might as well stand for Mars -- ya gotta wonder if aliens are behind this undermining of human life support systems -- also known as.... farms.

That M on the cops might as well stand for Mars — you really have to wonder if aliens are behind this undermining of human life support systems — also known as…. farms. I mean what group of human beings in their right mind would do this to themselves? Great pic from Deesillustrations.com

The first thing they did when they got the authority to write rules… was to grant themselves the authority to conduct warrantless searches. Wisconsin is in the process of coercing farmers and backyard producers … into NAIS, and the accompanying Premises ID program, by threatening to withhold any of the licenses they control.” Paul Griepentrog

In the course of researching various topics, running down leads on information and ferreting out the plans behind the public propaganda used to infringe on one right after another, I sometimes stumble across someone who has so much verifiable information, I am left astounded. This was the case when I happened across a gentleman farmer named Paul Griepentrog while researching the laws and bills about Premises ID and the National Animal Identification System (NAIS).

I already knew the mandatory law had been bought and paid for in Wisconsin through the use of a USDA “cooperative agreement” to the tune of $35 million.

In a recent interview I asked Paul to answer a few questions about what is really happening to Wisconsin residents who are being forced onto these illegal programs:

Q: Does the Animal Health Protection Act of 2003 actually authorize the Animal Identification System or Premises ID?

Will future history books tell the truth of what went down in America in the first decade of the 21st century?

Will future history books tell the truth of what went down in America in the first decade of the 21st century?

A:There is nothing in that bill giving them authority to create or establish the National Animal Identification System (NAIS). That law has been misquoted saying that it is the authority for NAIS. We have repeatedly sent letters to USDA and Tom Vilsack asking him to show the section of that law that gives the authority but he refuses to answer or acknowledge the letters.

Q: Has the USDA, in collusion with the Wisconsin AG department, threatened any farms that you know of?

A: Dwayne Brander on behalf of Dr. McGraw, Assistant State Veterinarian, goes out to farms telling them that if they don’t renew or register their premises in the State of Wisconsin they will file suit against them for failing to comply, using the county DA and calling it a civil forfeiture.

Wisconsin is in the process of coercing farmers and backyard producers in an effort to force them onto NAIS and the accompanying Premises ID program by threatening to withhold any of the licenses they control and would refuse to give the license unless you signed up.

Q: Is there a part of the law in Wisconsin that allows for fines and imprisonment based on the sole allegations of these agencies or representative personnel from USDA or DATCP in Wisconsin?

A: Here is section 95 from the Wisconsin bill implementing the “voluntary” NAIS/Premises ID law:

CHAPTER 95

ANIMAL HEALTH

95.23 Disease investigation and enforcement.

95.23(1)

(1) Authorized inspectors and agents of the department may enter at reasonable times any premises, building or place to investigate the existence of animal diseases or to investigate violations of or otherwise enforce the laws relating to animal health. Any animals or materials suspected of being infected may be examined or tested. No person shall obstruct or interfere with such investigation or enforcement work, or attempt to do so, in any manner, by threat or otherwise.

95.23(2)

(2) Upon request of an authorized inspector or agent of the department,sheriffs and police officers shall assist in the enforcement of the laws relating to animal health.

95.99 Penalties.

95.99(1)

(1) Any person who violates this chapter, or an order issued or a rule adopted under this chapter, for which a specific penalty is not prescribed shall, for the first offense, be fined not more than $1,000; and for any subsequent offense fined not less than $500 nor more than $1,000, or imprisoned not more than 6 months or both.

95.99(2)

(2) The department may seek an injunction restraining any person from violating this chapter or any rule promulgated under this chapter.

95.99(3)

(3) A person who violates this chapter or any rule promulgated or order issued under this chapter, for which a specific penalty is not prescribed,may be required to forfeit not less than $200 nor more than $5,000 for the first offense and may be required to forfeit not less than $400 nor more than $5,000 for the 2nd or subsequent offense committed within 5 years of an offense for which a penalty has been assessed under this section. A forfeiture under this subsection is in lieu of a criminal penalty undersub.

~~~~~~~~~~~~~~~~~~~~~~~~~~

Q: Do citizens have the right to demand a full disclosure of the exact laws and basis under which USDA and Wisconsin have charged them? Is there any defense against these attacks?

A:There seems to be none. In the cooperative agreement it states all applicable federal laws shall apply. There are certain major State and Federal Constitutional issues that these laws are in conflict with.

Q: Who exactly is asking for this information?

A: The Department of Agriculture, State of Wisconsin administered by Assistant State Veterinarian, Dr. Paul McGraw; both knowing this has nothing to do with livestock or food safety. This comes from The World Trade Organization and their trade program OIE. http://www.oie.int/eng/en_index.htm World Organization Animal Health.

Q: Where is the information stored? For what purpose?

Are rich folk buying up stock in tag making companies

Are rich folk buying up stock in tag making companies

A: Initially intake is at state level, and then it moves through forms records management plan. There are different steps on how they process this information. From everything I read, a disease outbreak would give state, federal and international interest’s access.

Q: Who is storing the information?

A:Wisconsin Department of Agriculture and then to Wisconsin Livestock Identification Consortium with (WLIC) as final repository in Canada. The WLIC is comprised of various agriculture groups, breed associations and companies selling RFID tags.

Rep. Obey & Sen. Kohl helped to get WLIC started and moved the data base to Canada. The head of WLIC initially was Gary Tauchen who is now a Wisconsin representative and sitting on the house AG committee.

In my own case, I have been registered twice after the fire number on my property changed. Once under the original number and my name and again under the newly assigned number and my farm name; I did not register for Premises ID on either occasion and was signed up without my knowledge or consent.

Q: If the WLIC is listed as the last repository of data mined information, how did files on Wisconsin agricultural properties end up being stored in Canada?

A:WLIC with the help of Rep. Obey and Sen. Kohl although I don’t know for sure how this was accomplished. The intention was to avoid any Freedom of Information Act (FOIA) request or open information requests until they passed the 2008 Farm Bill and included a provision in that bill saying that these files would not be available to FOIA requests.

Q. Who had access to these files when they were outside the country?

A: We don’t know. Once it was outside US jurisdiction we had no way of knowing.

Q: Are you able to get copies of your personal file from the Canadian data bank?

A: I was able to obtain the premises information pursuant to the forms records management plan. To my knowledge I am only the second person to do so.

Q: We know these programs have nothing to do with tracking animal disease and are actually meant to end competition for industrialized agricultural interests, and to seize control of agricultural lands and livestock….who are the actual players that will benefit from these programs?

A:The big corporate industrialized agriculture operators….Cargill, Tyson, Monsanto and others, because they would see the end to competition and obtain virtually full control over all agriculture.

Q: Are Wisconsin politicians either state or federal willing to speak to you about NAIS, Premises ID or the fake food safety bills?

A:On the Federal level, Sen. Kohl and Rep. Obey will not take my calls.

(*Writer’s note: I made my own calls to these offices and when I stated what I was calling in reference to, the staffers got really nasty and then hung up)

In fact Sen. Kohl’s staffer, Kim Cates’ husband is on the Agriculture Consumer Protection Citizen board. He would not even meet with John Kinsman of Family Farm Defenders to discuss the issue.

On the state level are the continuous lies. These people will say Premises ID has nothing to do with NAIS. They say this even though they have been shown the cooperative agreement between USDA and Wisconsin DATCP outlining Premises ID as the first step. They refuse to look at or acknowledge the legal documents.

DATCP had a document on the Wisconsin Legislative information Bureau site saying that the Amish don’t have any problem with this. If the Amish don’t have a problem with it why are they suing Emmanuel Miller Jr., an Amish from Clark County?

Steve Kagen would not address our concerns and he’s on the US house Ag sub- committee that held a hearing on NAIS and is also involved in the food safety bills and won’t address our concerns even there. He is working right now to get funding to move Wisconsin into phase II of NAIS which is the mandatory chipping and tagging of all animals.

I will say that Sen. Feingold has been willing to listen to our concerns both in his Washington office and in the state office.

Although there is a bill in Wisconsin which would restore voluntary participation I feel it is nothing more than an attempt at political redemption by the same people who passed the mandatory bill to begin with, in that they are fully aware that this bills will be sent to the House Ag committee and never see the light of day. This is merely political posturing…. The house, senate and government are all controlled by Democrats. This may be nothing more than a smoke screen while they make mandatory phase II which is the tagging and chipping, which can’t be done unless you have a Premises ID.

~~~~~~~~~~~~~~~~~~~~~~~~~~

Paul Griepentrog shows that, in the end, what was billed and sold to Wisconsin farmers and herders as a strictly “voluntary” system turns out to be a mandatory system operated much like a police state enforcement policy. There can be no doubt, especially in light of the hyped up investigation and enforcement policies that this law in Wisconsin is less about disease and more about property seizure and forfeiture.

Wisconsin is the blueprint for the remaining states: what happens there is going to happen to all independent ranchers, farmers and producers across the country if any of these fake food safety bills, or National Animal Identification System (NAIS) is passed into law.

© 2009 MartiOakley

And next up, an excerpt from “A view of NAIS from Wisconsin”, by Walter Jeffries

“Wisconsion is the first and only state to implement mandatory Premise ID , the first step of the USDA’s proposed National Animal Identification System ( NAIS ). From what I hear it is a mixed bag. On the one hand Dr. Wiemers of the USDA commended Wisconsin for having registered 400% of their horses already. On the other hand I have received personal communications from a number of Wisconsonites who say they have not registered and don’t plan on doing so. Below is a letter from one such Wisconsin livestock owner:

Walter, Premise ID and NAIS have already been passed in Wisconsin, as you probably know. I have seen a lot of farm programs in my 66 years, but this is the most ridiculous one ever presented. I don’t see more ag. disease now than there was 50 years ago. I am not certain it is designed to hurt the small farmers, though it will I see it more as a result of globalization. For [Michael] Johanns , [USDA Secretary of Agriculture] to cease testing cattle for BSE, and commensurately implement a device for tracking this disease, is incongruous. In addition, cattle are still ingesting blood and slaughterhouse waste, in their feed… how stupid is this?

These folks are none too pleased about having NAIS shoved down their throats.

These folks are none too pleased about having NAIS shoved down their throats.

I will not comply as long as I do not receive WRITTEN notice from Madison. And even then I will go down kicking, claiming this is NOT constitutional. The farmer who rents my land has not registered his premises either, and he raises beef. I do not know anyone who has registered, but then I only know 3 farmers, because the encroaching development has taken over all the farmland in my area. The farmer closest to me raises both organically fed beef and bison…he does not object to NAIS. I suspect he is registered due to selling bison meat to restaurants. I don’t know how the third one feels…. I have not seen him for so long.

The members of Wisconsin Against NAIS are still fighting this legislation, with a vengeance. Some talk about Big Brother , some feel the next step is tracking US citizens, some believe the factory farmers want the “little guy” out of business, some have major concerns NAIS is an invasion of privacy, others find it frightening, others worry about the cost. They have discussed organizing a protest at Madison, our capitol. I have written to my congressman and both US senators. All three are pro-NAIS. (sigh) I don’t think our state senators will revoke their decision to pass NAIS. They seem to feel WI is a leading example….. Hah! This state is usually the last on the list for accepting any new innovation….”

Read the whole story here.

Read Walter Jeffries’ blog here.

Pictures added by the Bovine from internet sources.

And finally, an upbeat postscript: HR 2749 Killed (for now) on Floor of U.S. Congress – An excerpt:

“John Dingell came up six or seven votes short today, and failed to get food safety reform legislation passed through Congress.

Dingell, the once powerful Michigan Democrat who lost his chairmanship of the Energy & Commerce Committee before the start of the 111th Congress, fell just short of getting the necessary two-thirds majority vote to suspend the rules and adopt H.R. 2749 as amended.

The House voted 280 in favor and 150 against suspending the rules and passing H.R. 2749. Twenty-three Democrats voted with 127 Republicans to deny Dingell the two-thirds majority vote required under the rules. Fifty Republicans voted for the bill that Dingell had carefully crafted with help with Texas GOP Rep. Joe Barton.

While the proponents of the food safety legislation dominated the floor debate that stretched into a second hour, House Minority Leader John Boehner, R- Ohio, compared the late number of rewrites of the food safety legislation filed with the House Clerk as repeating the bad behavior on the part of the Majority that was used to get the stimulus bill passed. “Did anyone read this bill?” Boehner asked….”

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FDA, FSIS TALK TRACEABILITY ~~ government agencies

from FOOD SAFETY NEWS DISCUSSION

by John Munsell ~~ 12-13-09

After implementing policies for many years which complicate, if not make impossible, tracebacks to the source, USDA/FSIS seems to indicate it is willing to consider a midstream change in its attitudes, and policies, regarding Tracebacks to the TRUE ORIGIN of contamination.

The December 9 issue of Dow Jones also refers to the upcoming January USDA hearing, but no specific date has been set. One of many concerns I have is that the agency may well attempt to produce yet another prosaic Notice/Directive/Policy which multiplies words, but accomplishes nothing, the primary objective being to disingenuously and piously portray USDA as America’s ultimate public health agency. The agency’s historical refusal to traceback to the origin is readily understood.

First of all, it is pertinent to note that E.coli and Salmonella are “Enteric” bacteria, which by definition means that they emanate from within animals’ intestines, and by extension proliferate on manure-covered hides. Retail meat markets (insert Lunds/Byerlys et al), restaurants (insert Sizzlers and dozens others here), and the majority of meat processing plants (review this century’s recalls) do NOT slaughter, thus do not have animal intestines or manure-covered hides on their premises. Therefore, it is reasonable to conclude that the vast majority of E.coli and Salmonella-laced meat is caused by sloppy kill floor dressing procedures. Well, why doesn’t USDA aggressively trace back to the slaughter plant origins? If tracebacks were successfully accomplished which reveal that the contamination ORIGINATED at a slaughter plant, a public backlash would discredit both the agency and the slaughter establishments. Why? Because successful tracebacks would reveal (1) that the big slaughter plants continue to ship tonnages of contaminated meat into commerce, bearing the official USDA Mark of Inspection; and (2) the tracebacks would reveal that the agency is asleep at the wheel at the biggest plants, by official agency design. Why do I state that? Because the current form of meat inspection, which is called Hazard Analysis Critical Control Point (or HACCP) deregulated the largest slaughter facilities. Prior to HACCP, the agency promised the industry that under the HACCP protocol, (1) the agency would maintain a “Hands Off” non-involvement role, (2) the agency would no longer police the industry, but the industry would police itself, (3) the agency would disband its previous command & control authority, and (4) each plant would write its own HACCP Plan, and the agency could not tell the industry what must be in their HACCP Plans. True to its word, USDA has fully lived up to its pre-HACCP promises, but only at the deregulated largest plants. In stark contrast, the agency has used HACCP to hyper-regulate the small plants. These differences are begging for a movie or book to expose the agency’s true intentions, which are focused on justifying USDA’s semi-retirement at the biggest plants, while hagriding small plants out of existence.

Today, 88% of feedlot-fattened steers and heifers are killed at the Big 4 packer plants, which enjoy political clout and the economic wherewithal to force USDA into paralysis. The agency lives in fear, knowing that if it attempts truly meaningful enforcement actions at the big packers, the agency will be defending itself in court, and for good reason! Realizing that USDA promised to maintain a “Hands Off” non-involvement role under HACCP, that it would no longer police the industry, and would jettison its previous command-and-control authority, the agency has knowingly painted itself into a corner which prevents it from forcing changes onto non-compliant big plants. USDA fully deserves to lose such litigation, and will, so chooses to avoid litigation. So, to circumvent this delicate problem, the agency has implemented policies (some of which are not written) which prevent tracebacks to the origin.

We should not be surprised when we continually experience these ongoing outbreaks and recurring recalls, because both (1)USDA and (2)litigation have focused its sanctions against the downstream destination facilities (restaurants, retail meat markets, and further processing plants) which have unwittingly purchased meat which was previously contaminated with invisible pathogens. Until USDA is willing to Force the Source, rather than Destroying the Destination, America is virtually guaranteed ongoing outbreaks.

USDA is totally opposed to putting Bill Marler out of business, and in fact is Mr. Marler’s ultimate ally by promoting the rights of the big slaughter plants to continue producing enteric bacteria-laced meat with virtual impunity. Why does USDA appear to have experienced a sudden change in heart regarding Tracebacks? I propose that since successful tracebacks have been accomplished for melamine-laced products, spinach to a mere handful of California farms, as well as tracebacks of lettuce, peppers, peanut butter, etc, USDA’s historical inability to traceback to the slaughter plants of origin has become monumentally conspicuous in comparison. And think of the irony of this historical fact!

Although FDA has inspectors in produce plants only once every few years, the agency has successfully accomplished these tracebacks. USDA on the other hand, has inspectors in every meat plant every day, yet is strangely unable to match FDA’s success in performing tracebacks. Perhaps the Obama administration is to be credited with the USDA’s born-again metamorphosis in its alleged desire to suddenly perform tracebacks to the origin of contamination. I can guarantee everyone one thing: we had best be closely watching every statement USDA makes in its January hearing, because the agency’s past performance in this area proves that USDA fears big packer clout more than it fears public health outbreaks.

John Munsell

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The Money behind the National Animal ID System

Follow The Money

There are around 2.5 Billion Farm Animals that the USDA wants to track under the proposed National Animal Identification System. If and when this tracking system is put into place, it will mean two things:

1. A small number of private interests will make out big financially by supplying hundreds of millions of dollars worth of tracking devices and software to livestock producers.

2. Small producers, unable to cope with the costly technology demands associated with animal tracking, could be forced to give up their farms and ranches — allowing major players like Cargill, Smithfield and Tyson to exercise an even greater control of meat production.1,2

For the time being, the animal tracking program is voluntary, though the USDA has invested more than $125 million in the last five years3 trying to create the support and infrastructure needed to advance a mandatory NAIS for livestock. In particular, tracking cattle is a high priority for the agency because it is seen as a way to restore international confidence in American beef after the discovery of mad cow disease devastated the industry in 2003. Much of this money has gone toward registering farm premises where livestock are found throughout the United States into a central database, the first step in creating a national animal-tracking program.

In order to advance the NAIS agenda, the USDA agreed in 2005 to begin privatizing parts of the system,4 creating another incentive for powerful industry trade groups to support the program. By providing the hardware, software and tracking technology, private industry groups and technology companies have already been able to extract millions of dollars from the proposed NAIS.

NAIS is the product of more than a decade of planning — mostly by the private sector — but only really gained momentum as an animal health measure seven years ago in response to the discovery of mad cow disease in the United States. NAIS continues to be as much the product of private industry and the non-profit trade groups that represent it as it is the USDA. Like wolves in sheep’s clothing, these trade organizations loudly promote an animal-tracking system as necessary for the meat industry while positioning themselves or their industry partners to possibly reap the windfall revenues that a mandatory animal-tracking program would generate.

The Costs

In April 2009, the USDA released a cost-benefit analysis of NAIS which estimates that a full-traceability animaltracking system will cost the livestock industry alone $209 million annually.5 The most costly part of NAIS involves Radio Frequency Identification (RFID), which could cost about $100 million for cattle alone.6 The preferred method of tagging and tracing cattle, RFID uses tiny radio transmitters about the size of a grain of rice that are either implanted into an animal or into an ear tag that the animal wears. In theory, this technology gives livestock producers and slaughterhouses the ability to quickly “scan” each animal and determine where it came from, which could help trace diseases in the event of an outbreak.

RFID technology is extremely costly for ranchers, but extremely lucrative for private technology providers. Currently only nine RFID manufacturers are recognized by the USDA as approved providers of the devices,7 and a handful seem to have emerged as the dominant competitors, vying for the tens of millions of dollars in revenue8 that a mandatory NAIS would generate each year.

These RFID providers will likely generate revenue disproportionately from small livestock producers. USDA estimates show that among livestock producers that don’t currently tag their beef cattle, the smallest producers — those with fewer than 50 head of cattle — would incur the highest RFID costs as a group, amounting to almost $35 million dollars a year.9 This is approximately how much all other beef cattle producers combined would pay.

For small livestock producers working on tight profit margins, these costs could be devastating. Larger producers have deep pockets and the advantage of economies of scale, allowing them to more easily adjust to the technological requirements of NAIS, a point that the USDA readily acknowledges.10 The USDA estimates that the RFID costs per head of cattle are somewhere between 30 and 200 percent greater for the smallest producers than the largest producers under a full-traceability NAIS,11 in part because big producers can buy larger quantities of RFID tags at a discount. Some estimates of the high costs small producers will pay are much higher than the USDA’s,12 with numbers surpassing $40 a head (about five times greater than the USDA estimate) when costs of RFID readers are included.13

The costs that livestock producers could incur under NAIS include: buying an RFID tag for each animal, buying an RFID applicator, paying someone to implant the device, buying an RFID reader, buying a computer and paying monthly internet services, creating the necessary infrastructure on a farm to support animal tracking, and providing the time and labor needed to register individual animals in an Animal Tracking Database — which is also a privatized venture, mostly controlled by a small number of corporations and private interests.

Consumers will have to pay The costs and time needed to comply with program requirements would give the largest operations a competitive advantage. This further promotes an unhealthy control of the meat market among a handful of corporations. Ironically, large-scale operators use confinement methods and feeding practices that are viewed by many as increasing the risk of animal diseases that NAIS would track.

The Players

Consider the Kansas Farm Bureau, a non-profit group that, according to its Web site, “represents grassroots agriculture” and “supports farm families who earn their living in a changing industry.”14

In carrying out these missions, the bureau has also managed to position itself to be a major beneficiary of the tech-fest that would unfold under mandatory NAIS. The Kansas Farm Bureau aggressively promotes its Beef Verification Solution, an animal-tracking program developed though its Agriculture Solutions division, in conjunction with AgInfoLink,15 a private tech company16 that could be one of the leading beneficiaries of a mandatory NAIS. The Beef Verification Solution, according to the Web site, is the “one-stop shop for ISO compliant, USDA approved radio frequency identification (RFID) ear tags, RFID readers and data collection software.”17

Essentially, by contracting with private tech companies like AgInfoLink and using its members as its customer base, the Kansas Farm Bureau could generate large revenues for both itself and its private-sector partners.

And measured by the support it has received so far, the Kansas Farm Bureau seems to have done pretty well for itself. The Beef Verification Solution has received the endorsement of numerous trade groups and fellow farm bureaus in big cattle-producing states like Colorado,18 Oklahoma19 and Nebraska.20 The American Farm Bureau, the parent organization to all the state affiliates,21 has endorsed the program, too.22 By 2007, the Kansas Farm Bureau was boasting that the Beef Verification Solution was primed to capitalize on 24 percent of the cattle market.23

In marketing the Beef Verification Solution, the Kansas Farm Bureau and its partners encourage cattle producers to use other services provided by AgInfoLink,24 one of six companies offering an animal-tracking database that the USDA considers fully functioning and capable of providing traceability.25 In addition to promoting AgInfoLink’s CattleCards and BeefLink software,26 the Kansas Farm Bureau apparently also promotes business for the providers of RFID hardware, including the company Allflex.27

Illinois Beef Association (IBA)

In addition to its partnerships with the farm bureaus, AgInfoLink has also partnered with the Illinois Beef Association (IBA),28 a state-level affiliate of the powerful trade group the National Cattlemen’s Beef Association (NCBA),29 whose industry partners include corporate meatpackers like Cargill, Smithfield and Tyson.30

From October 2006 to September 2007, during which time the IBA began endorsing AgInfoLink, the organization received $1.2 million from the beef checkoff,31 a government- initiated program that requires every cattle farmer in America to pay one dollar for every slaughtered head of cattle, supposedly to promote beef.32 Most of that money, which amounts to around $45 million a year,33 ends up in the hands of the NCBA34 and its affiliates like the IBA.35 It needs to be examined whether the NCBA is using this money in its efforts to promote an animal identification program, which would stand in contrast to its mission of supporting the interests of ranchers and cattle producers, many of whom may not support animal tracking.

National Cattlemen’s Beef Association (NCBA)

The NCBA, which collects around $45 million dollars a year in beef checkoff money,36 has worked as a major stakeholder in the development of NAIS, hoping that an animal-tracking program would have been in place by 2007.37 In that year, an NCBA affiliate called the National Cattlemen’s Foundation38 entered into a cooperative agreement with the USDA39 to help register farm premises — part of a push to expand the NAIS database. Shortly before cooperative agreement was announced, the National Cattlemen’s Foundation received more than $2 million from the USDA.40

Back in 2004, the NCBA began working with private technology groups that would benefit financially from NAIS. Called the Beef Information Exchange and apparently comprised of a group of animal-tracking service providers, the group was promoted by one of NCBA’s members, Mark Armentrout, who was also the chief operating officer of AgInfoLink Global, Inc.41

Additionally, the NCBA sits with the American Farm Bureau on the board the United States Animal Identification Organization (USAIO),42,43 which has its own NAIScompliant Animal Tracking Database,44 a potentially big money-maker should NAIS become mandatory.

Most of the big names in animal identification have aligned themselves with NCBA, sometimes making cash donations to the organization. Both Allflex USA and Schering-Plough Animal Health (Schering-Plough owns Global Animal Management), two approved technology providers for NAIS, donated $100,000 to the NCBA to become “Allied Industry Partner” Gold Level Sponsors.45

The Sunset of Family Farming as we know it?

Other technology providers like Destron-Fearing, Y-Tex and AgInfoLink count themselves as allied Industry Council members or associates.46

United States Animal Identification Organization (USAIO)

Established to “oversee a database solution for tracking animals”47 and built with members from some of the most powerful farm groups, the USAIO seems to have an interest in controlling a database for tracking animals — and perhaps benefiting from the huge revenues that would come with it.

Like the National Cattlemen’s Foundation, the USAIO entered into a cooperative agreement with the USDA to register farm premises. Shortly before the agreement was announced, the USDA awarded the USAIO $1.5 million in taxpayer money.48 The group planned to register as many as 100,000 new farm premises under the agreement, the first step toward initiating a fully functional National Animal Identification System.49

The USDA has put $9 million toward these cooperative agreements,50 with non-profit organizations51,52 that frequently have close ties to industry. As one USDA official said about these organizations, “In many cases, these groups don’t just represent industry, they are industry…”53

Big players like Microsoft may also leverage their financial power and political connections if NAIS becomes a mandatory program. In 2006, the USAIO teamed up with Microsoft and a company called Viatrace to offer what they called an “industry-led, multispecies animal tracking database to record movements of livestock from point of origin to processing.”54

One report indicates that USAIO disbanded in 2007,55 but the group’s animal-tracking database remains on the current USDA list of approved providers.

Agri Beef

Agri Beef, a vertically integrated cattle operation56 that regularly ranks as one of the largest in America,57,58 serves as the first point of contact for USAIO’s Animal Tracking Database.59 Though the exact relationship between the USAIO, a non-profit group, and Agri Beef, a for-profit meat producer, is unclear, it seems that their animal-tracking database could generate big money for both the groups.

Piercing pain in the ear!The vice president of Agri Beef is Rick Stott,60 listed as one of a handful of members on the USAIO in 2006.61 He also has served as a member of major industry groups like the NCBA.62 And Stott worked on a governmentsponsored pilot NAIS project in the Pacific Northwest called the Northwest Pilot Project,63 reportedly worth more than a million dollars.64

As the chairman of the project, which was administered by the Idaho Cattlemen Association65 (affiliated with the NCBA66), Stott was able to help shape and test a pilot NAIS program based on the proposed national system, which he, his employer and his industry friends could benefit from enormously.

But also disconcerting is that Stott, as the head of a pilot project, apparently was overseeing the collection and processing of private data of dozens of other cattle producers participating in the program67 — essentially giving him access to proprietary information about his competitors. Big agribusiness groups have pushed the USDA to keep the animal-tracking databases out of government’s hands, claiming that any other arrangement would subject a company’s data to Freedom of Information Act requests or new government regulations.68,69 But keeping the database in the hands of big agribusiness — whether with private companies or the trade industries that represent big agribusiness — could force small livestock producers to disclose confidential information about their operations (size of herd, types of animals, etc.) to competitors or the companies they sell to.

The Money Funnel

The financial windfall that has fallen from government to the private sector with NAIS has been mighty, and there seems to be no end in sight. The federal government has already spent more than $125 million on the development of NAIS,70 funneling money into private industries and state governments to promote the animaltracking program.

Though NAIS is not yet a mandatory program, many technology providers have already benefitted financially in a big way. Global Animal Management71 and Digital Angel72 have both received more than half a million dollars in government contracts for animal tracking devices, while Allflex has raked in close to $1 million.73

It is important to note that these companies spend money in lobbying efforts around NAIS. The owner of Global Animal Management, a large pharmaceutical corporation called Schering-Plough, plowed millions of dollars a year into lobbying efforts in both 2007 and 2008, some of it on animal identification issues.74 Between 2004 and 2007, Digital Angel spent more than a million dollars on lobbying efforts75 and Allflex spent an undisclosed amount (under $10,000)76 in 2006, 2007 and 2008.

More disconcerting, it appears that two of these three competitors have partnered, further reducing competition among RFID providers. In 2008, Digital Angel and Global Animal Management (owned by Schering-Plough) announced a deal in which Digital Angel would acquire the rights to Global Animal Management’s RFID tag77, 78 made by Geissler Technology.79

Digital Angel’s acquisition of a competitor’s RFID-technology could prove to be a wise investment. As part of its 2009 budget, the USDA plans to spend millions of dollars on a campaign directed at the cattle industry called “840 Start Up.”80 The ‘840’ refers to the United States’ three digit country code that precedes animal identification numbers. The number also refers to the RFID devices that can store and transmit the ID numbers. As more and more farm premises are registered in a national database, the next step in NAIS is to outfit all farm animals with these 840 RFID tags.

This is the meat that you will be paying much more for if this dastardly NAIS program goes into effect!!And because RFID devices are sold by privately owned companies, the USDA’s multi-million dollar “840 Start Up” campaign may really serve to funnel millions of dollars into the bank accounts of the few tech companies that have been approved to sell these products.

Whether it is taxpayers or the farmers themselves who would end up paying for the technology under NAIS, it is clear that it will be the tech companies and the trade organizations they align with that will benefit.

Case Study: Wisconsin

One of the best places to follow the money behind NAIS is Wisconsin, where the Wisconsin Livestock Identification Consortium (WLIC) and its partner group, the Wisconsin Department of Agriculture Trade and Consumer Protection (WDATCP)81 have managed to secure close to $7 million in federal funding and more than a million dollars in non-federal funding over the last eight years.82,83 Bolstered by a state law requiring every farm premises to be registered in a central database, these groups are serving as administrators of what amounts to a state-level pilot project for NAIS.

The WLIC, a consortium of private industry stakeholders and government agencies, has used these federal tax dollars to fund groups that could benefit financially from NAIS. By the middle of 2005, WLIC reportedly was funding more than a dozen research projects valued at close to $400,000, with money going to the Wisconsin Pork Association,84 which currently sits on the WLIC board of directors, and Smithfield, a current member of WLIC.85

WLIC was founded in 2002 as “a proactive, livestock industry- driven effort”86 with a mission “to create a secure, nationally compatible livestock identification system.”87 The members and affiliates of the consortium read like a laundry list of the corporate and private interests that stand to gain from a mandatory NAIS. The big animal-ID tech companies, like AgInfoLink, Digital Angel, Global Animal Management, Y-Tex and Allflex USA, are all represented as members.88

In coalition with the Wisconsin Department of Trade and Consumer Protection, the WLIC has developed its own USDA-compliant Animal Tracking Database — one of six that the USDA considers fully functional and capable of providing traceability.89

The push for animal tracking in Wisconsin, however, has not gone smoothly. Some farmers continue to resist registering their premises or participating in animal identification — either because of privacy or property rights concerns, or, in the case of Amish farmers, on religious grounds.90 In 2007, the Wisconsin Department of Agriculture began sending letters to dairy farmers on unregistered premises indicating their milk production licenses could be revoked if they failed to register their farms.91 This threat, which would have essentially forced non-compliant dairy farmers to go out of business, was eventually softened,92 but to critics of NAIS, it demonstrates the heavy-handed tactics that government agencies are willing to use to promote the program.

Case Study: Michigan

Government approved cows tagged with fascist RFID tags!The state of Michigan has gone a step farther than Wisconsin, issuing a requirement that every head of cattle in the state must now have an RFID tag, essentially creating a state-wide mandatory animal-tracking system.93 Additionally, Michigan is using an animal-tracking system maintained by Holstein Association USA,94 a large nonprofit industry group.

Until late spring 2009, the Michigan Department of Agriculture’s Web site directed farmers needing to purchase the mandatory RFID tags to Holstein Association USA, which sells tags at $2 each,95 plus a $20 fee for the applicator,96 the tool that attaches the ear tag to the cow. (A recent update to the site now includes another tag provider, but the site still emphasizes Holstein Association USA.) In 2007, the state announced that cattle producers had bought more than one million RFID tags.97 That represents at least $2 million in sales, with the proceeds apparently going to Holstein Association USA and the provider of its tags, a company called Allflex.98 In addition to the revenues it may generate from the RFID hardware, Holstein Association USA also serves as the administrator99 of Michigan’s animal-tracking database,100 which could provide another source of revenue. In 2007, Holstein Association USA boasted that its animal-tracking database is one of the world’s largest, with more than 5 million cows registered.101

When the state of Michigan began requiring all livestock owners to register and tag their farm animals and then directing farmers to a single purchasing option for the animal-tracking hardware and software, the state essentially funneled millions of dollars into the Holstein/ Allflex partnership.

(If you diligently scour the Michigan Department of Agriculture’s Web site, you find that you can also order RFID tags from Northstar Cooperative,102 which sells tags from Allflex and one other tech company, Digital Angel.103 The USDA has declared nine different RFID-providers as NAIS-compliant, so it is unclear why the state of Michigan would direct its livestock producers to a single provider.104)

On top of these de facto state subsidies to Holstein Association USA, the federal government has also given the group millions of dollars directly. Holstein Association USA has received more than $3 million in federal funding between 2000 and 2007 to develop animal-tracking programs.105

NAIS Failure

If you take a hard look at the money associated with NAIS, you find that the numbers don’t add up to a net benefit for consumers or livestock producers. The government has invested $125 million so far trying to promote NAIS, a program that will cost producers $200 million a year. These huge sums of money guarantee very little in terms of improved food safety because the tracking ends at slaughterhouses and meatpacking plants where most food safety problems occur. The money the USDA is plowing into NAIS would go far further if it were used instead to bolster existing food safety programs and existing animal health programs that aim to prevent disease.

The costs associated with NAIS threaten to increase the price of meat for consumers and to ruin the businesses of countless small producers, who would bear significantly greater financial pressure relative to larger producers adapting to the technological demands of NAIS. Because NAIS favors large-scale industrialized operations, which have deeper pockets to pay for the necessary technology, and puts financial pressure on small producers, a mandatory NAIS could contribute to a further concentration of the livestock industry among a few corporations.106

Indeed, the only sure outcome of NAIS are the windfall rewards, which tech companies and the trade groups that support them are currently jockeying to catch. The consortiums they form with private technology providers and federal and state governments are too cozy and too lucrative to give the system an appearance of anything but a cash cow for corporate beneficiaries. The tens of millions of dollars in taxpayer money that has already poured into NAIS has done more to enrich a handful of money-minded organizations than to ensure food safety, and it is time that the USDA jettison this program.


Endnotes

1 Duffey, Patrick. “Dismantling of Farmland continues; Smithfield buying pork business.” USDA Rural Development. November 2003.

2 Heffernan, William and Mary Hendrickson. “Concentration of Agricultural Markets.” Department of Rural Sociology, University of Missouri. April 2007. http://nfu.org/issues/economic-policy/ resources/heffernan-report

3 USDA. “A business plan to advance animal disease traceability.” September 2008 at 41.

4 USDA. “A business plan to advance animal disease traceability.” September 2008 at 51.

5 USDA. “Benefit-Cost Analysis of the National Animal Identification System.” January 14, 2009 at Table 4.10.

6 USDA. “Benefit-Cost Analysis of the National Animal Identification System.” January 14, 2009 at Table 4.10.

7 USDA. List of approved NAIS devices. animalid.aphis.usda.gov/ nais/naislibrary/documents/guidelines/NAIS_ID_Tag_Web_ Listing.pdf

8 USDA. “Benefit-Cost Analysis of the National Animal Identification System.” January 14, 2009 at Table 4.10.

9 USDA. “Benefit-Cost Analysis of the National Animal Identification System.” January 14, 2009 at Table 4.2.

10 USDA. See “Benefit-Cost Analysis of the National Animal Identification System.” January 14, 2009 at 24, 29, 48.

11 USDA. “Benefit-Cost Analysis of the National Animal Identification System.” January 14, 2009 at Table 4.2.

12 Blasi, Dale et al. “Estimated Costs of RFID (Radio Frequency Identification) Systems.” 2005. http://beefstockerusa.org/rfid/. 2005.

13 Cattlenetwork. “Jolley: Five Minutes With Dr. Dale Blasi, Kansas State University.” May 8, 2009. http://www.cattlenetwork.com/ content.asp?ContentId=313299

14 Kansas Farm Bureau. “About Us.” http://www.kfb.org/aboutus/aboutus.htm

15 Kansas Farm Bureau. “Knowledge IS Power: The Value of Knowing Your Cow Herd From the Inside Out.” December 2008.

16 AgInfoLink “About Us” and “Locations.” http://www.aginfolink.com/aboutus.html and http://www.aginfolink.com/web/locations/ locations.htm

17 Agricultural Solutions. “Beef Verification Solution Program Description.” http://www.agsolusa.com/bvs/Aboutus.htm.

18 Kansas Farm Bureau. “KFB’s Beef Verification Solution Partners With Colorado Farm Bureau.” November 16, 2007.

19 Kansas Farm Bureau. “KFB’s Beef Verification Solution Partners With Oklahoma Farm Bureau.” July 24, 2007.

20 Kansas Farm Bureau. “Beef Verification Solution Partners With Nebraska Farm Bureau.” February 1, 2007 Kansas Farm Bureau. “Increasing the Value of this Year’s Calf Crop.” August 29, 2007.

21 American Farm Bureau. http://www.fb.org/index. php?fuseaction=newsroom.statefbs

22 American Farm Bureau. “Excitement Building for New Animal ID System.” January 8, 2006

23 Kansas Farm Bureau. “Increasing the Value of this Year’s Calf Crop.” August 29, 2007.

24 Kansas Farm Bureau. “Increasing the Value of this Year’s Calf Crop.” August 29, 2007. 25 USDA. National Animal Identification System Compliant Animal Tracking Databases Status Report.

26 Kansas Farm Bureau. “Knowledge IS Power: The Value of Knowing Your Cow Herd From the Inside Out.” December 2008.

27 Kansas Farm Bureau. “KFB’s Beef Verification Solution Now Offers More Radio Frequency ID Tag Choices.” July 3, 2008.

28 AgInfoLink. “AgInfoLink and Illinois Beef Association Team Up on Animal Information Services; Wellman Joins AgInfoLink Staff.” April 17, 2007

29 National Cattlemen’s Beef Association. “State Affiliates.” http://www.beefusa.org/affistateaffiliates.aspx

30 National Cattlemen’s Beef Association. “Allied Industry Partners.” www.beefusa.org/affialliedindustrypartners.aspx

31 IRS 990 form. 2007 at 8.

32 Cattlemen’s Beef Board. “Financial & Audit.” http://www.beefboard.org/financial/financial_audit.asp

33 Cattlemen’s Beef Board. “Annual Report.” 2008 at 13. http://www.beefboard.org/library/annual-reports.asp

34 Cattlemen’s Beef Board. “Annual Report. 2008 at 14. http://www.beefboard.org/library/annual-reports.asp

35 National Cattlemen’s Beef Association. http://www.beefusa.org/affistateaffiliates.aspx

36 Cattlemen’s Beef Board. Annual Report. 2008 at 14. http://www.beefboard.org/library/annual-reports.asp

37 Cattlemen’s Beef Board. Long-Range Plan 2010. 2006. http://www.beefboard.org/library/annual-reports.asp

38 990 IRS Form. 2007.

39 USDA. “National Cattlemens Foundation Partners With USDA To Register Premises As Part of the National Animal Identification System.” November 30, 2007.

40 Information found at www.usaspending.gov.

41 National Cattlemen’s Beef Association. 2004 Beef Business Bulletin Stories Archive. “Industry Seeks Private Sector Animal ID System.” 2004.

42 National Cattlemen’s Beef Association. “USAIO Statement on USDA’s National Animal Identification System Implementation Plan.” April 6, 2006.

43 Nebraska Cattlemen Newsline. “Independent Consortium Formed To Manage National Animal ID Database.” January 18, 2006.

44 USDA. National Animal Identification System Compliant Animal Tracking Databases Status Report.

45 Information Available online at the National Cattlemen’s Beef Association Web site (www.beefusa.org), under “Allied Industry Partners.”

46 Information Available online at the National Cattlemen’s Beef Association Web site (www.beefusa.org), under “Allied Industry Partners.”

47 American Farm Bureau Federation. “Shawcroft Selected to Animal ID Organization.” March 31, 2006.

48 Found at USAspending.gov. The USDA has only ever awarded the USAIO one cooperative agreement, which was worth $1.5 million and which happened in close proximity to the USDA announcement of its NAIS agreement the USAIO.

49 USDA. “U.S. Animal Identification Organization Promotes National Animal Identification System.” July 17, 2007.

50 USDA. “A Business Plan to Advance Animal Disease Traceability.” September 2008 at 44.

51 USDA. “USDA Announces Plans to Expand National Animal Identification System Cooperative Agreements to Nonprofit Organizations.” Feb. 2, 2007

52 USDA. “A Plan to Advance Animal Disease Traceability.” At 36.

53 Email from Ed Curlett to “Community Outreach Partners.” January 16, 2007.

54 Microsoft. “High-Tech Animal Database Launched to Help Ensure U.S. Livestock Producers Maintain Competitive Edge in the Global Marketplace.” March 1, 2006

55 Northwest Pilot Project. “Final Report: Addendum.” June 2007 at 15.

56 Agri Beef. “Agri Beef Co. Partners with Loomis Cattle Company to Develop the Finest Beef in the Northwest.”

57 Peck, Clint. “Northwest Entrepreneur.” Beef Magazine. Jan 1, 2002.

58 Northwest Farm Credit Services. “Industry Perspective, Feedlot.” 2007.

59 USDA. National Animal Identification System Compliant Animal Tracking Databases Status Report.

60 Agri Beef Company. Information found at http://www.Agri Beef.com/Agri Beefco/contact.asp

61 National Cattlemen’s Beef Association. “USAIO Statement on USDA’s National Animal Identification System Implementation Plan.” April 6, 2006.

62 NCBA. “National ID Program for Livestock on Track, Cattlemen Say.” September 28, 2005.

63 Northwest Pilot Project. “Final Report.” 2006 at 34. http://www. northwestpilot.org

64 Evans, Tony. “A Beeper for Every Cow.” Boise Weekly. June 21, 2006.

65 Ibid.

66 Idaho Cattle Association. “About ICA.” http://www.idahocattle. org/about.dsp

67 Northwest Pilot Project. “Final Report.” http://www.northwestpilot. org

68 American Farm Bureau. “Stallman says NAIS requires producer involvement.” September 28, 2005.

Farm families like this will be driven out of existance.

69 Oklahoma Farm Report. “NCBA Continues to Worry About Mandatory Animal ID.” May 8, 2009.

70 USDA. “A business plan to advance animal disease traceability.” September 2008 at 41.

71 Information found at http://www.usaspending.gov

72 Information found at http://www.usaspending.gov

73 Information found at http://www.usaspending.gov

74 Information found at http://www.opensecrets.org

75 Information found at http://www.opensecrets.org

76 Information found at http://www.opensecrets.org

77 Digital Angel. “Digital Angel’s Recent Acquisition of Geissler Technologies Expands Company’s Commercial Relationship with Schering-Plough.” January 18, 2008

78 Global Animal Management. “Program Compliant Tags.” October 14, 2008. https://www.mygamonline.com/trimerit/images/ approvedtaglist.pdf

79 USDA. “National Animal Identification System: Official Animal Identification Number (AIN) Devices.” December 10, 2008.

80 USDA. “A Business Plan to Advance Animal Disease Traceability.” September 2008 at 47.

81 Wisconsin Department of Agriculture Trade and Consumer Protection. www.datcp.state.wi.us/premises/index.jsp

82 Data for the Wisconsin Livestock Identification Consortium found at www.usaspending.gov and www.fedspending.org

83 Data for the Wisconsin Department of Agriculture found at www. usaspending.gov and www.fedspending.org

84 National Hog Farmer. Wisconsin Funds ID Projects National Hog Farmer. June 15, 2005

85 “Wisconsin Livestock Identification Consortium (WLIC) Board, Members, Ex Officio and Staff.” http://www.wiid.org.

86 Wisconsin Livestock Identification Consortium (WLIC). “WLIC History.” http://www.wiid.org.

87 Wisconsin Livestock Identification Consortium (WLIC). “WLIC Philosophy.” http://www.wiid.org.

88 “Wisconsin Livestock Identification Consortium (WLIC) Board, Members, Ex Officio and Staff.” http://www.wiid.org.

89 USDA. “National Animal Identification System Compliant Animal Tracking Databases Status Report.” March 19, 2009.

90 Jones, Tim. “Using modern laws to keep Amish ways.” Chicago Tribune. September 20, 2008.

91 Leaf, Nathan. “Livestock Registration Law Opposed.” Wisconsin State Journal. April 25, 2007.

92 Hundt, Tim. “Premises ID Enforcement Put on Hold.” Vernon County Broadcaster. May 2, 2007.

93 Michigan Department of Agriculture. “Questions and Answers for Mandatory Cattle Identification Program.” http://www.michigan. gov/mda/0,1607,7-125–137059–,00.html

94 Michigan Department of Agriculture. “Electronic Identification Program.” http://www.michigan.gov/mda/0,1607,7-125-48096_ 48149-86002–,00.html

95 Michigan Department of Agriculture. “Order Bovine Tags.” http://www.michigan.gov/mda/0,1607,7-125-48096_48149-172 599–,00.html

96 Personal communication with Holstein Association USA sales associate.

97 State of Michigan. “One Million Electronic ID tags purchased by Michigan Beef and Dairy Producers.” November 8, 2007. Found at http://www.michigan.gov

98 Holstein Association USA. http://www.holsteinusa.com/animal_ id/tag_id.html

99 USDA. Food Safety Research Information Office. “Animal Identification Pilot Project.” Available online at: fsrio.nal.usda.gov/ research/fsheets/fsheet12.pdf

100 Michigan Department of Agriculture. “Electronic Identification Program.” http://www.michigan.gov/mda/0,1607,7-125-48096_ 48149-86002–,00.html

101 Holstein Association USA. “Holstein Association USA Approved by USDA as a Compliant Animal Tracking Database.” October 18, 2007

102 Michigan Department of Agriculture. “Questions and Answers for Mandatory Cattle Identification Program.” http://www.michigan. gov/mda/0,1607,7-125–137059–,00.html

103 Northstar Cooperative. http://www.northstarcooperative.com/ dhia/ProductsAndServices/spryRFID.html

www.Foodandwaterwatch.org104 Several places on the Web site such as “Order Bovine Eartags” direct you to Holstein USA, although in late spring 2009 some portions of the website did add Northstar Cooperative to the page. However, if you download a PDF entitled “Mandatory Cattle Identification Program Q & A,” the question-and-answer number-23 informs you that you can also order RFID tags from Northstar Cooperative.

105 Information found at http://www.usaspending.gov

106 Heffernan, William and Mary Hendrickson. “Concentration of Agricultural Markets.” Department of Rural Sociology, University of Missouri. April 2007. http://nfu.org/issues/economic-policy/ resources/heffernan-report

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Wisconsin Steps up funding for NAIS/Premises ID

ppjg-48

Marti Oakley

Copyright 2009  All rights reserved.

~~~~~~~~~~~~~~~~~~~~~~~~

Senator Kohl of Wisconsin who had a direct hand in setting up the Memorandum of Understanding (MOU) with the USDA to force the Wisconsin farmers and ranchers into the NAIS/Premises ID and who also, along with Rep. Obey facilitated the cooperative funding agreement [bribery payment] cementing that contract with the USDA, just announced that $1,550,000 has been allotted to WLIC.  This was the consortium set up after NAIS/Premises ID was shoved through the Wisconsin legislature and promoted as a strictly “voluntary” program.

Recent developments lauded by many in agricultural circles as the “end of NAIS’ as a result of funding being withheld or denied on the federal level, apparently weren’t aware that the USDA through its for-profit activities as a sub-corporation of the federal corporate government, has nearly limitless sources of funds that can be used for any thing they deem appropriate.  With the agricultural industrial complex willing to supply any and all funds necessary to overthrow traditional farming and ranching in favor of industrialized operations, USDA has no shortage of funds that can be paid to bankrupted states in desperate needs of funds to continue operating.  So what if  traditional farmers are driven off their lands and forced to forfeit everything they have worked for so long as corporations can make a profit and states can pad their coffers with bribe money.

AgriView

Kohl Secures Funding for Wisconsin Projects in 2009 Agriculture Spending Bill

From article on Agri-view comes this excerpt:

“-$1,550,000 for the Wisconsin Livestock Identification Consortium – The Wisconsin Livestock Identification Consortium, though the Wisconsin Department of Agriculture, Trade and Consumer Protection, leads the nation in developing a workable approach for premise registration, a critical element of livestock identification and tracking.  These resources will allow that work to continue.”

Apparently NAIS/Premises ID forced compliance is in full swing in Wisconsin and Senator Kohl appears to be quite proud of the fact that Wisconsin, one of three test states first bribed by the USDA to bypass Constitutional rights and protections not only on the federal level, but also in gross violation of the Wisconsin Constitution itself prides himself and his state on leading the nation in developing a “workable” approach to Premises ID and NAIS, both key components of Codex Alimentarius.

I can only presume that “workable approach” must mean the prosecution of those farmers and ranchers who have steadfastly refused to comply with this [voluntary] program and the subsequent persecution of an Amish farmer who objected on religious grounds, now forced to defend himself and his religious beliefs in court against a government machine that exists to end all but industrialized harmonization agreements and illegal and unconstitutional trade agreements.

The recent and first round of court proceedings against the Amish forced Wisconsin officials to admit neither NAIS nor Premises ID had done, or would do anything to increase the safety of the food supply.  With this admission, answers should be demanded as to why they entered into such an agreement, took the bribe money and persist in prosecuting those who refuse to convey ownership of their property to USDA acting as agent for the federal government.

Of course, Senator Kohl along with Representative Obey were instrumental in storing the data mined information on the gps location of all agricultural properties and owners, along with any other information they had mined, in the Oracle database, and moving that database off US soil into storage in Canada to make it unavailable to FOIA requests.  This move was made until a provision could be slipped not only into the 2005, but also 2008 Farm Bills making any such requests for information unobtainable by the very people logged into that database; with or without their knowledge.

No where in the Constitution of the state of Wisconsin, nor in the federal Constitution does the government have any right, other than power it has granted itself under fictions of law, to implement or otherwise force compliance to these programs.  Even the illegally ceded authority granted to unelected bureaucracies can not hold up to constitutional challenges.

At what point will Wisconsin property holders demand the right to be left alone by government?  At what point will they move to impeach from office these same public officials who have violated the public trust; assaulted their property rights and have conspired with the industrialized corporate complex to defraud them of their right to life, liberty and their right to own property free of government interference?

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NAIS Will Render Average-Sized Producers Uncompetitive, Will Lead to More Concentration, Vertical Integration

Billings, Mont. – As promised, R-CALF USA has launched a 12-day blitz of news releases to explain in detail many of the reasons our members oppose the U.S. Department of Agriculture’s (USDA’s) National Animal Identification System (NAIS).

With this effort, R-CALF USA hopes to bring to light many of the dangerous aspects associated with NAIS with regard to invasion-of-privacy issues, the likely acceleration of the ongoing exodus of U.S. cattle producers from the industry, as well as other concerns we believe USDA has not even begun to ponder. Click here to view the entire 13-pages of formal comments R-CALF USA submitted to the agency on Aug. 3, 2009, to, yet again, oppose the implementation of NAIS.

In the third installment of our NAIS Opposition Blitz, we explore how NAIS will render average-sized and mid-sized cattle producers uncompetitive vis-à-vis large-scale producers and will accelerate the ongoing exodus of U.S. cattle producers, leading to more concentration and vertical integration:

* Two Kansas State University cost studies show that costs associated with NAIS are substantially lower for large-scale operations when compared to small- and mid-sized operations. For example, a spreadsheet published by KSU shows that costs of electronic identification for a herd size of 100 head (at a cost per head of $15.90) are $9.76 less when the herd size increases to 400 head.[1] Another KSU study also shows that costs per animal become substantially lower as operation size becomes larger – the average-sized U.S. cattle operation (with fewer than 50 head[2]) would experience costs that are $2.12 higher per animal than would a producer with more than 50 head but fewer than 100 head.[3] Thus, the studies clearly show that NAIS would competitively disadvantage small- to mid-sized producers when compared to larger producers. This cost disparity will accelerate the ongoing concentration and vertical integration of the U.S. cattle industry.

NAIS cost studies fail to include costs of upgrading facilities in order to accommodate scanner reading protocols. Many cattle operations use only minimal cattle-handling equipment (for example: horses, trailers, portable panels and portable chutes) to move cattle long distances and this equipment is not suitable for affixing eartags or ensuring accurate scanner readings. As a result, more elaborate and costly facilities would be required to meet NAIS standards and these upgrades would further create economic burdens on U.S. cattle producers.

The cost/benefit analysis completed by Kansas State University (KSU) is fundamentally flawed: 1) There are approx. 95 million cattle in the U.S. cattle herd. The KSU study found that the average eartag price was $2.25. Thus, the study’s conclusion that the total cost of NAIS would be $209 million would not even cover the price of one eartag for each head of cattle in the U.S. herd, let alone labor, equipment, and reading costs that would apply to each animal. 2) From 2000 through 2003, the U.S. slaughtered approx. 36 million head of fed cattle and cows and bulls each year.[4] Using the study’s average NAIS cost per animal of $5.97 per head, the study’s conclusion that the total cost of NAIS would be only $209 million per year would not even cover the cost of identifying each animal actually slaughtered during each of the four years in the middle of our current liquidation phase of the U.S. cattle cycle, which cost would be $219 million. Thus, the study erroneously assumes our U.S. cattle cycle is nonexistent and our herd size is static.

# # #

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 marketing 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.



[1] See RFID Cost.xls – A Spreadsheet to Estimate the Economic Cost of a Radio Frequency Identification (RFID) System, Version 7.6.06, available at www.agmanager.info/livestock/budgets/production/beef/RFID%20costs.xls.

[2] The average-sized U.S. cattle operation is 44 head, calculated by dividing the number of U.S. cows and heifers that have calved in 2008 (41,692,000) by the number of U.S. operations with cattle and calves in 2008 (956,500).

[3] See Table 2. Summary of RFID Costs for Beef Cow/Calf Operations by Size of Operation, Overview Report of the Benefit-Cost Analysis of the National Animal Identification System, USDA APHIS, April 2009, at 18.

[4] See Livestock Slaughter Annual Summary for years 2001-2003, USDA NASS, available at http://usda.mannlib.cornell.edu/MannUsda/viewDocumentInfo.do?documentID=1097.

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NAIS ~~ details from the Rancher’s side.

Note: Platt Land and Cattle is a large, family owned/operated cow-calf ranch with
owned and leased ranches in Arizona and New Mexico.
We oppose NAIS in total ~~~ by Jay Platt.


NAIS is simply an unworkable and highly intrusive bureaucratic boondoggle; it is a regulatory proposal for which a need has never been demonstrated and, more importantly, for which USDA has never provided specific citations of statutory and constitutional authority authorizing such action. NAIS should therefore be terminated in total.

More specific comments are as follows:

New Mexico Ranch1. No need for NAIS has ever been demonstrated.

USDA has failed to demonstrate a need for “48-hour trace back.” It has similarly failed to identify what diseases require the imposition on producers of such a costly, onerous, and intrusive program.

Producers, by their failure to register premises and their overwhelming opposition at the listening sessions, have sent a clear message: there is no need for NAIS. These producers have trillions of dollars at stake in livestock, land, equipment and water rights. Their very lives are bound up in that investment. Many have fine educations with degrees in veterinary science, law, and business.

We are left, however, with the preposterous proposition that government, academia, a few veterinarians, and tag/tech manufacturers with no corresponding stake in livestock, land, equipment and water rights know what is best for producers’ livestock herds.

The concept of “48-hour trace back” is from OIE’s Terrestrial Animal Health Code, Article 4.2.2, Performance Criteria, which suggests, as a measure of effect animal ID, that “all animals can be traced to the establishment of birth within 48 hours of an enquiry.” http://www.oie.int/eng/normes/mcode/en_chapitre_1.4.2.htm

USDA’s use of the word “premises” also comes from the OIE code. The glossary defines “establishment” as used in connection with 48-hour traceback as “the premises in which animals are kept.” http://www.oie.int/eng/normes/mcode/en_glossaire.htm#sous-chapitre-2

The purpose of the OIE Code is one of assuring “the sanitary safety of international trade in terrestrial animals and their products, (emphasis added) http://www.oie.int/eng/normes/en_mcode.htm?e1d10 and in his May 6, 2009, editorial, OIE’s Director General Bernard Vallat proudly proclaims, “One World, One Health. http://www.oie.int/eng/edito/en_lastedito.htm

During the gathering of the American Association of Bovine Practitioners in Vancouver in September, 2007, former USDA Under Secretary for Marketing and Regulatory Programs, Bruce Knight, was queried as to why USDA was making such a push for premises registration. His response: “It is quite simple. We want to be in compliance with OIE regulations by 2010.” http://www.r-calfusa.com/news_releases/2009/090507-nais.htm

In short, USDA has been less than transparent and honest with American cattle producers. It has been pushing an animal ID system to benefit industrialized agriculture–those involved in international trade. There can be absolutely no doubt on this point.

On June 11, 2009, Rosa DeLauro, Chairwoman of the House Appropriations Subcommittee on Agriculture issued a press release on the committee’s fiscal year 2010 bill which included the following statement :

The bill eliminates funding for the National Animal Identification System (NAIS). After receiving $142 million in funding since fiscal year 2004, APHIS has yet to put into operation an effective system that would provide needed animal health and livestock market benefits. USDA is currently conducting a public listening tour

around the country for several months to hear from stakeholders. Until USDA finishes its listening sessions and provides details as to how it will implement an effective ID system, continued investments into the current NAIS are unwarranted. (Emphasis added.)

At the NAIS listening sessions a welcoming video is shown featuring Secretary Vilsack. He asserts that “we will all agree that we need to protect the livestock markets and the livelihood of producers” and then continues:

I don’t want us to get to the point where Congress says they will not

continue to fund the system. If that were to happen, I would doubt the reliability of our market and that’s not where we want to be.

(Emphasis added.)

Apart from the fact that his nation is a net importer of beef, what markets are demanding NAIS? If indeed there is such a demand, cannot exporters work privately with producers on an export/ID program? USDA never answers such questions. The fact is that “markets” are not concerned about NAIS. They are concerned about exports which contain Canadian product.

The Korean meat export protocols list as ineligible,

  1. Beef and beef products derived from cattle imported from Canada for immediate slaughter .
  2. Beef and beef products derived from cattle imported from Canada that were resident in the U.S. less than 100 days prior to slaughter .

http://www.fsis.usda.gov/Regulations_&_Policies/Republic_of_Korea_Requirements/index.asp

In a June 10, 2003, letter from Toshikazu Ijichi, Japan’s Animal Health Division Director, Dr. Peter Fernandez, Deputy Administrator, Veterinary Services for USDA-APHIS was advised that Japan had “deleted Canada from the list of countries which are eligible to export” beef to Japan “in light of confirmation of a single case of BSE in Canada.”

Dr. Fernandez was further advised that

In order to protect Japan from possible introduction of BSE, I would like to ask you again not to export beef and its product which is derived from the [sic] cattle born, raised or slaughtered in the countries with indigenous BSE cases to Japan through your country. Therefore, I would like to ask you again to indicate the country of origin where the cattle from which the exported meat product to Japan was produced were born, raised and slaughtered . (Emphasis added.)

http://www.r-calfusa.com/Animal_Health/080618Exhibit1-LetterToNewYorkTimes-JapanAnimalHealthLetter.pdf

The notion that export markets are clamoring for the imposition of NAIS is simply not supported by the factual record. Of ironic interest in light of the above letter is USDA’s delay in the implementation–and its frustration of the clear intent–of COOL.

One thing is very clear from the listening sessions: producers, the owners of the animals USDA would ostensibly protect, overwhelmingly reject NAIS and the claimed need therefore. There is a great irony of paternalism–government knows best–vis-Ã -vis the producer rejection of NAIS in the “listening sessions” and their failure to register their “premises.”

USDA never mentions OIE, its Terrestrial Animal Health Code, and the Codex Alimentarius except by implication when it asserts that NAIS is needed to protect “markets,” a euphemism for trade. It has simply been disingenuous at best, as it panders to industrialized agriculture and ignores its statutory obligation to rural agriculture.

Such pandering has come at great cost to rural producers. Examining USDA data for the period from 1984 through 2006, farm/ranch share of income distribution from trade declined by 28% while services’ share doubled and trade/transportation’s share increased nearly 52%!

Using the period 1982 1984 as the base, and adjusting for inflation, the price of slaughter steers/heifers has declined 57% since 1947 while the retail beef price index has increased 3%! Today, the United States is a net importer of beef, some 17% of domestic supply is of foreign origin. USDA has failed those it was established to serve.

Qui bono? NAIS burdens producers with costs and intrusive regulations to benefit industrial agriculture and global trade. There are no benefits for producers in NAIS. Being in the business of accumulating and wielding power, Government is a beneficiary; the tag and technology companies will earn increased profits; meat packers will mine data and industrial agriculture engaged in international trade will likewise enjoy increased profits.

This is a simple issue of “follow the money.” USDA’s 2005 Strategic Plan for NAIS states that

In 2002, the National Institute of Animal Agriculture

(NIAA) initiated meetings that led to the development of the U.S.

Animal Identification Plan (USAIP). That work provided the

foundation data standards for the National Animal Identification

System (NAIS). (Emphasis added.) http://wlsb.state.wy.us/brands/Premises/brochure/NAIS_Draft_Strategic_Plan_42505.pdf

An examination of NIAA’s membership list discloses a lengthy list of tag/tech companies including AgInfoLink, Allflex, Brock’s Cattle-Identi Company, Cattle-Traq, Destron Fearing, EZ-ID/AVID ID systems, Farnam, Fort Supply technologies, Meta Farms, Inc., Micro Beef Technologies, and National Band and Tag, to name a few. The meat packing industry is represented by Cargill and AMI. http://animalagriculture.org/aboutNIAA/members/memberdirectory.asp

The head of NIAA’s Animal ID committee is from Allflex. http://animalagriculture.org/aboutNIAA/committees/AIDIS/animalid.asp

NCBA also appears as a member; however, it entered into a cooperative agreement with APHIS, taking money to promote premises registration.

http://www.cattlementocattlemen.org/watcPremisesRegistration.aspx

http://www-mirror.aphis.usda.gov/newsroom/speeches/content/2007/02/NatlCattlemen2-1-07.shtml

The producer bears all the costs and derives none of the benefits. That, simply, is the reason for the overwhelming rejection of NAIS by producers. The listening sessions, if USDA will listen, make that point beyond cavil.

The existing combination of hot brands, brand inspection, health papers, auction back tags, and border interdiction of disease has served this nation well for 100 years. Brucellosis, TB and other livestock diseases have been effectively controlled while FMD has been unknown in the country since 1929.

On its website, USDA/APHIS acknowledges that existing “programs have achieved significant success over the years in reducing animal disease” but then asserts that “animal disease remains a reality in the U.S. as illustrated in the following examples.” The two bovine diseases used to illustrate USDA’s assertion are BSE and TB. http://animalid.aphis.usda.gov/nais/why/animal_disease.shtml

This is overreaching at its best. BSE has an extended incubation period. BSE is spread not animal to animal but rather by the use of contaminated feed. The United States has not had a domestic case of BSE: the two reported U.S. cases were both atypical which is characterized by an absence of the spongiform changes in the brain caused by typical BSE. (Fact Sheet: Atypical BSE, published by NCBA and the Beef Checkoff.)

USDA, through extended litigation with R-CALF USA, fought to open the U.S. border to Canadian cattle including those over 30-months of age. Canada does have a BSE problem. USDA further litigated with Creekstone Farms to prevent that business from voluntarily testing its cattle for BSE.

Canada’s Food Inspection Agency has acknowledged that feed cohorts from known BSE animals were exported to this country for slaughter. For example, the CFIA announced that five cohorts of the November, 2008, BSE Holstein dairy cow were “exported for slaughter.” According to CFIA, “investigation showed” the feed cohorts “consumed the same potentially contaminated feed.” http://www.inspection.gc.ca/english/anima/heasan/disemala/bseesb/bccb2008/15investe.shtml

Given USDA’s i) laissez-faire attitude toward the importation of BSE from Canada, ii) its asserted position that its risk assessments and the removal of SRMs result in a de minimis risk to consumers, and iii) its insistence that U.S. producers cannot voluntarily test for BSE, the contention that BSE is a disease that must now be managed with NAIS is simply disingenuous.

BSE cannot be managed or prevented by NAIS following its importation. BSE should never be imported period. Dr. Stanley Prusiner, Nobel Prize winner for his work in the discovery of prions, the cause of BSE states:

Regardless of whether the tonsils and distal ileum have been removed from cattle and in the case of cattle 30 months of age and older, the brain, eyes, spinal cord, and trigeminal ganglia as well these measures are unlikely to be sufficient to ensure the safety of the meat we consume. The only reliable way to minimize the risk of humans developing vCJD from BSE-infected cattle is to eliminate BSE-infected cattle from the food chain. (Emphasis added.)

http://www.r-calfusa.com/BSE/081117-Exhibit%207,%20Prusiner%20Declaration.pdf

NAIS will do nothing to eliminate BSE from the food chain. USDA continues to allow the importation cattle from Canada which undeniably has a BSE problem. Dr. Prusiner further states that “active testing in the EU has shown that BSE-infected cattle may display no signs even though they harbor substantial numbers of prions that can be identified using a rapid test for BSE.” Id.

There is no rapid testing done in the United States and, as previously mentioned, USDA employed litigation to prevent Creekstone farms from voluntarily testing cattle. To assert that NAIS is now needed to manage BSE is an absurdity at best: either USDA with its risk assessments coupled with the removal of SRMs is correct and there is no BSE risk; or, Dr. Prusiner is correct and BSE should never be introduced into the food chain via imported cattle. In either case, NAIS is of no value.

With regard to TB , Audit Report, Animal and Plant Health Inspection Service’s Control Over the Bovine Tuberculosis Program, U.S. Department of Agriculture, Report No. 50601-0009-Ch, September, 2006. Section 2, page 19, states:

Between FYs 2001 and 2005, 75 percent (205 of 272) of the TB cases detected through slaughter surveillance were determined by APHIS to have originated from Mexico. In response, APHIS has worked with Mexico to improve their TB eradication program; however, these efforts are undermined by the disease’s 3 to 12 month incubation period. Cattle may test negative for the disease prior to export, but develop TB and infect U.S. cattle after import. Although the majority of TB-infected cattle

found by slaughter surveillance in the United States are from Mexico, APHIS has not developed controls to restrict the movement of cattle, or require additional testing to compensate for the disease’s incubation period. Until additional controls are added, APHIS cannot reasonably expect to achieve its goal and

eradicate TB when it is being imported into the United States each year. (Emphasis added.)

Page 19 of the Report further noted that Mexico annually “exports 1 million cattle to the United States”; that Mexico has “a higher prevalence of the disease” such that Mexican cattle “are more likely to be infected with TB”; that Mexico has “no accredited-free states” and in 2004 “reported over 2,000 TB-infected herds compared to just 10 positive herds reported by the United States”; and that “99 percent of the cattle imported from Mexico spend time on U.S. premises prior to slaughter” with such time generally ranging from “5 to 14 months.” (Emphasis added.)

Page 20 of the Report states that “despite the higher prevalence of TB-infected cattle in Mexico, APHIS has not established additional import controls or requirements to test or restrict the movement of Mexican cattle after importation to the United States” and that the cattle so imported “simply become part of the U.S. herds.” The lack of controls over Mexican cattle “has resulted in infected cattle being detected in 12 states over the last 5 years.” A chart on page 20 of the Report shows the states and numbers of TB cases traced to Mexico for FYs 2001-2005. That chart shows 2 in New Mexico and 5 in Arizona.

Page 22 of the Report set forth the conclusion that “APHIS was under utilizing high risk herds” as a tool to “target testing to questionable areas.” (Emphasis added.)

New Mexico RanchIn short, USDA’s contention that TB must be managed by NAIS while we continue to import the disease from Mexico is, like its similar BSE argument, most disingenuous.

Foot and mouth is another disease which Homeland Security and USDA have used as a scare tactic. Given USDA’s efforts to regionalize Argentina and the announced relocation of the Plum Island facility to Kansas, America’s heartland, the assertion that producers must now embrace NAIS to combat a potential FMD outbreak is untenable.

There may well be an outbreak of FMD. Unfortunately, it will likely be a direct result of government action: a leak from the new Kansas facility, similar to the recent breach at the Surrey facility in England; or, it will come across our border which USDA refuses to secure and in fact works to make more porous. NAIS will neither prevent nor mitigate the damage that will occur under either scenario.

The Canadian Veterinarian Journal, Vol. 50, January, 2009, contained a 60-page report on the containment of England’s 2001 FMD outbreak. England has long had an animal ID system; however, that system and “traceback” was not the key to FMD containment in 2001.

The 2001 FMD outbreak was handled by throwing up perimeters and then, with locals, working in from the perimeter. Similarly, states have existing plans for handling emergencies which would include a FMD outbreak. Such an outbreak would be handled as it was in England: a perimeter would be established with no movement inside the perimeter as the necessary epidemiology work would then be done from the perimeter inward.

Animal ID was not utilized to contain the 2001 FMD outbreak nor would it be of any meaningful benefit were this nation to suffer an outbreak. Further, it would not identify vehicles and individuals who have been in contact with contaminated herds; hence, the establishment of a perimeter with work then directed inward.

Even with TB, a perimeter is established and work is then done inward. USDA’s handling of the current TB situation in Nebraska well illustrates this point. NAIS would not alter the course of the investigation.

USDA claims that NAIS is vital in the case of TB as some investigations have taken up to 160 days. Again, the current Nebraska situation is instructive. A perimeter is established and herds are investigated within that perimeter.

What have been possible contacts with the infected herd and what has happened in the last 12 24 months with neighboring herds and cohorts? USDA postures that the livestock industry has no records, no idea of where calves may have been sold or cull cows sent.

USDA adduces no evidence to support that assertion beyond its claim of an investigation of up to 160 days in length. USDA never details what it did in that 160 period and how much investigative time was on issues for which NAIS would have been of no benefit.

Producers have records and so do states. Arizona is a brand state. It has a record of every animal that has left our ranch, where it went, and who the trucker was. We have similar records. USDA is simply misrepresenting the state of the livestock industry.

Border interdiction of disease and running a closed herd–which we do in our operation–are the two best defenses against the introduction of disease. NAIS is of no benefit to us as producers.

2. USDA has neither statutory nor constitutional authority for the imposition of NAIS; indeed, NAIS represents the implementation of the OIE Terrestrial Animal Health Code and the Codex Alimentarius, the adaptation of which is a treaty action never ratified by the Senate as required by Article II, Section 2 of the U.S. Constitution.

USDA has received repeated requests from multiple organizations for a specific citation of authority for NAIS. It has never responded, beyond a generic reference to the Animal Health Protection Act of 2002 coupled with a broad assertion of authority to “carry out operations and measures to protect the health of American Agriculture.”

That assertion is apparently from 7 USC 8308 and has been taken completely out of context. That section authorizes USDA to “carry out operations and measures to detect, control, or eradicate any pest or disease of livestock (including the drawing of blood and diagnostic testing of animals), including animals at a slaughterhouse, stockyard, or other

point of concentration.” (Emphasis added.)

The statutory examples of “operations and measures” are of overt action by USDA such as drawing of blood and diagnostic testing, all directly intended to “detect, control, or eradicate” pests or diseases. The statutory construction doctrines of ejusdem generis and noscitur a sociis require the general terms “operations and measures” to be construed in light of the specific terms “drawing of blood and diagnostic testing.”

The language most certainly does not confer broad authority to mandate overt action by producers in the form of an animal ID system designed to track livestock movement; that does not directly and actively “detect, control, or eradicate” pests or diseases; and which certainly is not a measure such as “drawing of blood and diagnostic testing.”

Any fair reading of the Act does not permit the assertion of authority by USDA for NAIS. Further, USDA’s assertion of broad authority cannot be countenanced under any fair reading of the United States Constitution. The powers of Congress are not implied, plenary, and inherent, but rather express, limited and enumerated. USDA’s assertion that Congress has delegated and granted it broad powers which are implied, plenary and inherent flies in the face of the clear intent of Article 1, Section 8, of the U.S. Constitution.

USDA is an administrative agency under the Executive branch of the federal government and enjoys no powers beyond those expressly granted it by Congress, acting in turn under the express, limited, and enumerated powers granted under Article 1, Section 8.

As noted above, USDA is essentially seeking to implement OIE’s Terrestrial Animal Health Code and the Codex Alimentarius by administrative fiat. Both Codes are a complex web of international agreements and actions by numerous countries. http://www.oie.int/eng/OIE/en_histoire.htm?e1d1; http://www.oie.int/eng/OIE/organisation/en_structure.htm?e1d1; http://www.oie.int/eng/OIE/actes/en_accords.htm

The net effect of an implementation of NAIS by administrative fiat would be the enforcement upon American producers of international standards agreed to by various countries. Those standards are, in essence, treaties much like the free trade agreements which required the consent of the Senate. That body has never considered the agreements comprising the two codes.

The very fact of disagreement between producers and USDA over the necessity of NAIS underscores the need for transparent debate, deliberation, and consideration by the Senate.

Even if the two codes are not construed as treaties, they are most certainly a regulation of commerce with foreign nations, a power reserved to Congress, not to USDA as an administrative agency under the executive branch of government. USDA simply has no power, statutorily or constitutionally, to mandate NAIS.

3. The regulatory and enforcement provisions of NAIS are unknown and its underlying premise is suspect.

Inherent in NAIS is the assumption of an errorless system; i.e., that i) no cattle will ever lose ear tags, ii) that the tags will always function and not succumb to the effects of weather and sun, iii) that all dead and missing cattle can be accounted for, iv) that all movements of cattle can and will be accurately scanned, v) that the data so scanned will always be properly registered, vi) that the data so uploaded will always be properly received vii) that the data so received will be always be properly recorded and viii) that the data will always be retrievable.

USDA has no concept of the conditions under which cattle producers operate, how cattle are handled, what facilities will actually be required to read and scan tags, of weather–heat, cold, wet, dry, dust–under which NAIS would function. It has no concept of a lack of internet access to upload information. The errorless system envisioned by USDA is simply not a real world scenario.

There is no duplication or redundancy as is the case in our present system. The concept of 48-hour trace back, while beguiling, is actually inferior to the present system due to the duplication and redundancy in the existing system.

England has experienced problems with its ID program with a cow herd that is substantially smaller than the U.S. herd. According to a November, 2003, House of Commons Report, the entire population of cattle, sheep and pigs in England was a mere 25 million. In contrast, there are nearly 100 million cattle in the United States.

The livestock industry in England is on a much smaller scale than in the U.S.; yet, according to the October 12, 2008, issue of the Telegraph,

In a situation described as udder chaos, officials at the Department for Environment, Food and Rural Affairs (Defra) admitted in Parliamentary questions that 20,979 of the animals had been mislaid.

The livestock should have been logged on Defra’s Cattle Tracing System, devised to protect public and animal health after the BSE and foot and mouth epidemics.

However the cattle have disappeared from the system, while another 1039 are believed to have been loaded onto cattle trucks and never heard of again, according to the Daily Star.

http://www.telegraph.co.uk/news/newstopics/howaboutthat/3182720/Defra-admits-losing-20000-cows-in-Britain.html

The same article noted that Britain’s Ministry of Defence had lost a computer hard drive containing the private details of 100,000 members of the Armed Forces and that the Home Office had lost a memory stick containing data on 84,000 prisoners in England and Wales.

Such experiences are not unique to England. USDA itself has had similar incidents.

In 2007, USDA inadvertently published the social security numbers of 63,000 people on the internet. http://www.technewsworld.com/story/security/57029.html?wlc=1243391840

Also in 2007, USDA had computers stolen containing sensitive information about farmers. http://seclists.org/isn/2007/Mar/0060.html

In 2006, USDA’s office of Inspector General, in its annual audit, concluded that the “Agriculture Department continues to suffer from inadequate management and monitoring of IT security controls, both at the department-level and in its agencies.” http://gcn.com/articles/2006/10/20/usda-security-improvements-still-not-effective-ig.aspx

Indeed, USDA has been given the lowest possible marks for 5 straight years on federal computer report card grades by the House Government Reform Committee. http://www.internetnews.com/security/article.php/3615831

John Carter, former chairman of the Australian Beef Association and whose family holds the oldest registered brand in that country, reports that 20% of the cattle in the NLIS data base are missing; that a personal audit of his NLIS data base shows that less than 50% of the animals he has sold are so reflected in the data base; than a “trace back trial” of 300 head of cattle could track only 75% and that the remaining 25% could be tracked only through Australia’s traditional “paper trail.” Carter states that NLIS has “produced a shambles.”

The notion that NAIS is a technologically feasible means of tracing 100 million head of cattle is not supported by existing evidence. USDA’s own record with computers, theft, hacking and other security breaches coupled with animal ID experiences in England and Australia well demonstrate that it is a system that should be rejected.

What will happen when cattle movements are not accurately scanned, registered, transmitted, or received? There will be discrepancies and irregularities in data. How heavy handed will USDA be in such instances? Most producers have experience with federal agencies and in many cases, it is not favorable.

In our own experience, dealing with TB in New Mexico, we have found the agency and its rules to be heavy handed with demands which, by its own admission, have no rational basis.

USDA has given no indication to producers of how NAIS will be enforced and discrepancies/irregularities handled. If England is any indication, producers can expect heavy-handed enforcement.

According to London’s Telegraph, Cheshire dairyman David Dobbins had 567 head of dairy cattle destroyed by DEFRA as a consequence of ID paperwork “irregularities” notwithstanding that DEFRA “failed to explain how many or what these were.” Prior to the destruction of the animals. Mr. Dobbins records were seized by DEFRA, negating his ability to even respond to DEFRA’s noncompliance assertions. http://www.telegraph.co.uk/news/uknews/1545862/Christopher-Bookers-notebook.html

One fears that NAIS will bring similar events upon the heads of this nation’s cattle producers

4. USDA has spent well in excess of $140 million promoting premises registration and NAIS. This expenditure is most irresponsible at a time when this nation is–in essence–bankrupt. This nation simply cannot afford any more such frivolous expenditures.

In the face of the hundreds of billions and indeed trillions of dollars which the Federal Government has thrown about the last several months, USDA’s NAIS expenditures are minuscule. Nevertheless, it is an expenditure of money which the federal government simply does not have.

The May 30, 2009, issue of USA Today reported numbers previously discussed in various sources by David Walker, former U.S. Comptroller General who resigned in disgust following Congressional inaction on his annual report to Congress. The total unfunded liabilities of the Federal Government now total a record $63.8 trillion, a sum equal to $546,668 for every U.S. household!

Estimates are that only around 1% of U.S. households have a net worth sufficient to pay their proportionate share of the $63.8 trillion in debt. In short, this nation is bankrupt.

Continued spending on NAIS, a program for which, as discussed above, no need has ever been demonstrated is simply irresponsible given this nation’s financial condition.

NAIS should immediately be terminated and not a single additional dollar spent thereon.

5. USDA has no credibility with producers and there is no on the ground support for NAIS, without which it simply cannot succeed.

At all of the listening sessions–through Albuquerque on June 16–two salient facts emerged: there is widespread mistrust of USDA among producers and there is virtually no producer support for NAIS. A chasm, a gulf exists between USDA and producers.

NAIS was never intended to be voluntary. Several comments in the 2005 Strategic Plan underscore this:

— NAIS must be implemented(USDA Secretary Mike Johanns)

— We have been working on an animal identification plan here at

USDA over a number of years now, and our goal

has remained consistent–to be able to track animals within a 48-

hour period. We are prepared to roll up our sleeves and get this

implemented . NAIS is a top USDA priority. (William “Bill”

Hawks Under Secretary for Marketing and Regulatory Programs)

— [W]e move forward to implement NAIS. (John R. Clifford, Deputy

Administrator Veterinary Services)

(Page 2, Strategic Plan) http://wlsb.state.wy.us/brands/Premises/brochure/NAIS_Draft_Strategic_Plan_42505.pdf

The Plan claimed that “stakeholders provide broad support for national animal identification” and in its timeline listed January, 2009, as the target date by which “Reporting of defined animal movements [will be] required; [and the] entire program [becomes] mandatory.”

USDA pulled out all stops. In Colorado, 4-H children were prohibited from showing livestock at the state fair unless their parents had registered their “premises.” Money was given to FFA in the hope of cajoling parents.

The Plan was changed to become “voluntary” and NAIS morphed from an animal health plan to a marketing tool; then it became a means of assuring consumers that their beef is wholesome–a food safety issue; finally, the trump card of bio-terrorism was played.

Four years later, and following some $140 million to register “premises”–much of it bribe money handed out to “partners” in an effort to enlist their support–only some 30% of “premises” have been registered.

In many states, however, when dairies, feeding, hog and poultry operations, are excluded, less than 10% of cattle producers have registered. Missouri is such an example.

Having played all its cards of crisis, USDA’s plan had nevertheless run amuck. There was no “stakeholder” support. USDA, fond of the term “stakeholder” had forgotten that the only real “stakeholders” were those producers on the ground who actually owned the cattle that were to be the subject of NAIS.

USDA apparently assumed that producers were red-necked bumpkins who could be coached into compliance by smooth talking bureaucrats in Brooks Brothers suits singing the soothing song of the voluntary nature of NAIS.

USDA’s next target for bamboozlement was Congress. At the March 11 NAIS hearing earlier this year before the House Agricultural Subcommittee on Livestock, Dairy and Poultry, USDA stacked the deck. The first “panel” consisted of but a single individual: APHIS’ Dr. John Clifford who was given over one hour to advocate for NAIS.

There was but a single independent cattle producer invited to give testimony, R-CALF’s Dr. Max Thornsberry, who was afforded a mere five minutes of time.

All other panel members were representatives of government (Dr. Williams and Mr. St. Cry); were representatives of groups who were had taken, directly or indirectly, bribe money from USDA to promote NAIS under the euphemism of “co-operative agreements” (Mr. Nutt, Dr. Jordan, and Mr. Butler); or were former USDA/APHIS employees (Dr. Ron DeHaven.)

Chairman Scott, during a brief discussion on foot and mouth, seized on a reference to the highly contagious nature of bovine FMD and a mention of potential airborne contamination to try and connect human health with bovine FMD. Specifically, Chairman Scott suggested that NAIS was necessary to protect humans from contracting bovine FMD. USDA’s Dr. Clifford did nothing to correct Chairman Scott’s misapprehension.

There is a human form of FMD which is “a common viral illness of infants and children” but it is “not related” to the bovine disease. (See the website for the Center for Disease Control and its discussion of the human form http://www.cdc.gov/ncidod/dvrd/revb/enterovirus/hfhf.htm)

Misconception manifested itself again when Representative Conaway asked Dr. Clifford about the triggering event for a 48-hour traceback under NAIS. Representative Conaway’s question was in the context of a boy in Philadelphia who becomes ill after he has eaten a hamburger.

Traceback of live animals has nothing to do with traceback of E. coli, which was underlying Representative Conaway’s question. There is presently no traceback system from the consumption of meat to the processing facility or meat packing plant which would be the source of contamination. NAIS does nothing to change this: traceability would stop at the processing plant door.

As he had done with Chairman Scott and the misconception on FMD and a perceived risk to human health, Dr. Clifford did nothing to correct Representative Conaway’s erroneous conception that NAIS had something to do with tracing of E. coli in contaminated meat. In short, Dr. Clifford allowed the erroneous conception that NAIS was a human health and food safety issue to go unchallenged.

Having engaged in such misleading conduct, USDA initiated listening sessions, handing out materials including a May 7 “Dear Participant” letter under the signature of John Clifford. There are interesting phrases in that letter:

  • We need to work collaboratively to resolve concerns and move forward with animal tracebility
  • NAIS is a cooperative effort
  • Much more work is needed to fully implement NAIS
  • Together we can develop a system that we an all support.

Inherent in those phrases is a determination on the part of USDA to proceed with NAIS, notwithstanding total producer opposition thereto. Producers will be spun as rejecting the reasonable overtures of a wise USDA. The platitude of wanting to listen and hear producer input is a velvet glove masking an iron fist.

Several states have statutes prohibiting a mandatory NAIS. How will that be handled? In a system of federalism, does USDA really have ultimate authority over livestock? Does Article 1, Section 8, of the federal Constitution in fact negative much of the Animal Health Protection Act relied on by USDA? At the Albuquerque listening session, one Navajo speaker suggested that the tribes may not accept a mandatory NAIS. How will the issue of tribal sovereignty be resolved? Does USDA really wish to force a constitutional confrontation on these points?

USDA may mandate NAIS but in the process will further alienate producers. The existing gulf will become an unbridgeable chasm. Enforcement will make criminals of law abiding citizens as producers are jailed and their property subjected to confiscatory fines to coerce compliance. Is this what USDA truly desires?

In our operation, we will simply not comply with NAIS, even if it is made mandatory. We are weary of an intrusive government and the fights associated therewith. Rather than continuing to submit to intrusive, heavy-handed regulation, we would choose to exit the business. There is no joy in serfdom on one’s own land and with one’s own animals.

We respectfully urge Secretary Vilsack to close down shop with NAIS and to began a new dawn of rebuilding bridges with producers, working with us rather than with industrialized agriculture, to fulfill USDA’s express statutory mandate and be about the business of improving “the quality of life for people living in the rural and nonmetropolitan regions of the nation.” 7 USC 2204 (a).

That mandate is a true cooperative effort, one that can be achieved without the expenditure of vast sums of money, without onerous regulations but rather by simply working to rehabilitate commodity markets, restoring them as true markets where prices reflect supply and demand and not the oligopsonistic bargaining power and market manipulation by industrialized agriculture coupled with speculation by hedge funds and individuals who have never and will never own a cow.

As producers, our livelihood is more dependent on fixing broken domestic markets than it is on expanding foreign markets and implementing an ID system that provides a false sense of security for herd health.

Stop NAIS now and actually help producers do what they do best: produce. Currently, USDA’s policies would castrate and bid the gelding be fruitful.

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