Page 76 - Spring2013

Legislative Updates

YOUR WORK HELPED CHANGE USDA’S POSITION ON ANIMAL ID!
NOW WE NEED TO DO THE SAME ON FDA’S FOOD SAFETY RULES
By Judith McGeary, Esq.

In March of this year, the U.S. Department tag each animal individually, in most cases using
of Agriculture’s (USDA’s) final rule on “Animal electronic forms of identification such as micro-
Disease Traceability” went into effect. In brief, chips or RFD tags; and (3) report a long list of
the final rule requires official identification and events from birth to death to databases that would
some form of documentation when adult beef be run by private corporations and accessible by
cattle, dairy cattle, or show cattle cross state the government. The agribusinesses had already
lines. Metal ear tags, brands, and other forms of been working on the plan for several years, and
low-tech identification are included, and there are it had significant momentum behind it. Many
several exemptions and provisions for flexibility. people thought the program was unstoppable and
There are also requirements for poultry that cross that it would be fully implemented by 2009.
state lines, but hatchery chicks do not have to be The incredible burdens and intrusion of
identified. Sheep, goat, swine and horse owners the NAIS plan helped bring together people
will face few, if any, new requirements. The rule from diverse backgrounds and beliefs: organic
is explained in more detail in the second half of farmers and conventional ranchers, full-time
this article. producers and homesteaders, property rights
Even though the final rule is relatively activists and sustainability advocates. A coalition
limited, it is still objectionable. Fundamentally, of organizations, including the Weston A. Price
the USDA never provided a solid basis for why Foundation, worked together, initially delaying

Judith McGeary any new rule was needed. While traceability is and then ultimately killing NAIS. In February
is the Austin, Texas relevant to animal health and disease issues, it 2010, Secretary Vilsack announced that USDA
chapter leader, an comprises only one small part of an overall ap- was abandoning the plans for NAIS.
attorney and proach to animal health. And identification of Secretary Vilsack’s announcement, how-
small farmer in animals by producers is only one part of trace- ever, warned us that the fight was not over. While
Austin, and the ability. We repeatedly asked USDA for data on withdrawing NAIS, he also announced that the
executive director of such things as the number of failed traces and agency would work on a replacement plan. The
the Farm and Ranch the reasons for those failures, but the agency secretary promised that the new plan would fo-
Freedom Alliance. provided only anecdotal incidences in response. cus on low-tech forms of identification and only
She has a B.S. in affect those crossing state lines, but we did not
biology from The lack of firm justification for the new regula-
Stanford University tion is troubling. rest easy.
and a J.D. from the Nonetheless, in practical terms, it is remark- Our concerns were justified by the proposed
University of Texas able to consider how far the agency came from Animal Disease Traceability Rule that USDA
at Austin. She and its initial proposal. In 2005, the USDA released published in 2011. In practical terms, it would
her husband plans for the National Animal Identification have established requirements that could only
run a small System (NAIS). The plan had been developed be met over the long term by using electronic
grass-based farm by a group of big agribusinesses and high-tech tracking and databases. It also would have re-
with sheep, cattle,
horses, and poultry. companies in order to promote international quired the tagging of the hundreds of thousands
For more trade by creating comprehensive international of day-old chicks that are purchased by farmers
information go to standards for tracking animals. The NAIS plan and backyard poultry owners every year. The
www.farmandranch- called for every single person who owned even proposed rule included burdensome require-
freedom.org or one livestock animal, even just a pet donkey or ments for animals going directly to slaughter, as
call (254) 697-2661. single chicken, to: (1) register their property; (2) well as creating ambiguity (and therefore the risk
76 Wise Traditions SPRING 2013 SPRING 2013 Wise Traditions