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Legal Defense Fund Moves to Stop Animal ID Program;
Files Intent to Sue Letter with USDA and Michigan Department of Agriculture
Falls Church, Virginia, (May 15, 2008) -- Attorneys for the Farm-to-Consumer
Legal Defense Fund today sent a Notice of Intent to Sue letter to the
United States Department of Agriculture (USDA) and the Michigan Department
of Agriculture (MDA) over implementation of the National Animal Identification
System (NAIS), a plan to electronically track every livestock animal
in the country.
The Notice asks the USDA and MDA to "immediately suspend the funding
and
implementation of NAIS," and "fully and fairly examine"
whether there is even a need for such a program.
Taaron Meikle, Fund president, said that contrary to USDA's claim,
NAIS will do
nothing to protect the health of livestock and poultry. "At a time
when food safety and costs are a concern, the USDA has spent over $118
million to promote a program that will burden everyone from pleasure
horse owners to ranchers and small farmers to individuals who raise
a few chickens or steers on their own land for their own use."
Once fully implemented, the NAIS program would require every person
who owns even one livestock or poultry animal (a single chicken or a
pet pony) to register their property with the state and federal government,
to tag each animal, and to report "events" to a database within
24 hours. Reportable events would include such things as a private sale,
a state fair, or a horse show.
The Notice charges that USDA has never published rules regarding NAIS,
in violation of the Federal Administrative Procedures Act; has never
performed an Environmental Impact Statement or an Environmental Assessment
as required by the National Environmental Policy Act; is in violation
of the Regulatory Flexibility Act that requires them to analyze proposed
rules for their impact on small entities and local governments; and
violates religious freedoms guaranteed by the Religious Freedom Restoration
Act.
"We also think there are constitutional issues at stake here,"
Meikle noted. "The
requirement to use electronic ear tags or RFID chips violates the religious
beliefs
of some farmers, such as the Amish, and provisions in a memorandum of
understanding between the USDA and the MDA could violate the Fourth
and Fifth Amendments to the Constitution by requiring the state to stop
and inspect vehicles carrying livestock without a warrant or probable
cause."
The MDA has implemented the first two stages of NAIS -property registration
and
animal identification - for all cattle and farmers across the state
as part of its
mandatory bovine tuberculosis disease control program, which is mandated
by a grant from the USDA.
"While touted as a disease control program, the NAIS will drive
many small farmers out of business" Meikle noted, "and burden
every person who owns even one horse, chicken, cow, goat, sheep, pig,
llama, alpaca, or other livestock animal with expensive and intrusive
government regulations."
Joe Golimbieski, a farmer from Standish, Michigan and Fund member,
explains: "The cost of the tags is just the start. We're at the
mercy of whatever price the
stockyards charge to do the tagging. And our farm doesn't have extra
employees to deal with paperwork. NAIS is likely to put us out of business."
Gary Cox, General Counsel for the Fund, states that "USDA and
MDA have exceeded their authority and they have completely failed to
follow the proper procedures. We are calling on the agencies to immediately
halt implementation of the program or face appropriate action."
The Farm-to-Consumer Legal Defense Fund defends the rights of farmers
to produce and sell the products of their farms and gardens directly
to consumers, and the rights of consumers to obtain food directly from
farmers engaged in nontoxic, environmentally friendly agriculture. Concerned
citizens can support the Fund by joining at www.farmtoconsumer.org
or by contacting the Fund at 703-208-FARM. The Fund's sister organization,
the Farm-to-Consumer Foundation
(www.farmtoconsumerfoundation.org),
works to support farmers engaged in sustainable farm stewardship and
to promote consumer access to local, nutrient-dense food.
Editor's Note: The Notice of Intent to Sue the (USDA) and (MDA) is
available at
www.farmtoconsumer.org
Contacts:
Taaron G. Meikle
President, Farm-to-Consumer Legal Defense Fund and Farm-to-Consumer
Foundation
703-537-8372
Brian Cummings
Cummings & Company LLC
214-295-7463
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