Homestead mailing list

[bobf <bobford79 AT yahoo.com>]

I don't know as much about this subject as Lynn and others, but I believe it 
is more insidious governmental interference in individual liberty and also a 
way for competition to 'Big Agriculture" to be kept to a minimum, in this 
country.  Mary Zanoni is well repected within the community of opposition to 
the NAIS for small farmers.  This is the text of an email she sent ......

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On Tuesday, January 13, 2009, the USDA published in the Federal Register a 
proposed rule that would make two elements of NAIS -- NAIS Premises ID and 
NAIS individual animal ID -- effectively mandatory in several USDA animal 
disease programs.  A copy of the proposed rule is attached.
 
This rule, if it goes into effect, would be an enormous step toward creating 
a fully mandatory NAIS for all U.S. livestock.
 
The proposed rule directly affects cattle, bison, sheep, goats, and swine.  
However, it will also bring a full NAIS closer for all species.  Therefore, 
all owners of horses, poultry, and other species should also submit comments 
and urge their livestock/farming organizations to submit comments.
 
Within a few days, I will be sending out a sample letter for people to 
consider as a basis for comments.  The comment period is scheduled to close 
on March 16, 2009.  Commenting on this proposed rule is extremely important.  
Not only all animal owners, but also consumers of local/organic/grassfed 
foods, and everyone concerned with preserving a place for family farms in a 
world increasingly dominated by Industrial Agriculture, is urged to comment. 

In regard to advancing NAIS, the four most important aspects of the 
USDA/APHIS Jan. 13, 2009 rule are:

1.  As of the effective date of the final rule, the NAIS Premises ID Number 
(PIN) would be the only form of PIN allowed for certain official uses.   
(Note on timing -- the comment period is open until March 16, 2009.  Then 
USDA reviews the comments and at some point can issue a final rule.  That 
date of issuance would be the effective date for the mandatory assignments of 
the NAIS Premises IDs.  However, a large number of unfavorable comments might 
result in the postponement, or even retraction or cancellation, of the rule.)

2.  Although the system announced in this proposed rule supposedly permits 
the continued use of the National Uniform Eartagging System (traditionally, 
metal tags) and a "premises-based numbering system," in fact, these systems 
would be used in the same way as NAIS Animal Identification Numbers.  The 
older forms of eartags and individual IDs would all be connected into the 
NAIS Premises ID database through the Animal Identification Number Management 
System ("AINMS," the USDA system that keeps track of what individual animal 
identification number is assigned to what farm or ranch).  In other words, 
under the system of this proposed rule, anytime a farmer/rancher has metal 
tags applied to livestock (such as for TB or brucellosis testing), the 
farm/ranch will be placed into the NAIS Premises ID system and the numbers on 
the tags will be tied to the farm/ranch through the USDA's AINMS system.

3.  Some requirements are being added for official eartags and these new 
requirements might make it very difficult or even impossible to obtain metal 
tags instead of the NAIS tags.  The additional requirements include a "U.S. 
shield" printed on each tag, and tags must be "tamper-resistant and have a 
high retention rate in the animal."  The APHIS Administrator must approve all 
tags.  The NAIS tags now available already meet these standards.  It is not 
clear that metal tags have ever been judged by these standards, so it is 
possible that the APHIS Administrator could fail to approve metal and other 
non-NAIS tags.  Also, tag manufacturers will have a clear self-interest in 
abandoning production of cheap metal tags in favor of expensive NAIS RFID 
tags, so non-NAIS forms of tags may quickly become extinct.

4.  The addition of a definition of the AINMS to the animal-disease program 
rules in the Code of Federal Regulations is huge.  Previously the AINMS has 
only been defined in the non-rule NAIS informational documents (Draft 
Strategic Plan, User Guide, Business Plan, etc.) so it did not have any 
defined legal status.  Now this proposed rule adds a definition of the AINMS 
and also provides that eventually the AINMS will be used to tie all types of 
"official" tags -- not just the NAIS 15-digit tags -- to a NAIS registered 
premises.  The proposed rule accomplishes essentially a mandatory system for 
the first 2 elements of NAIS -- NAIS premises ID and NAIS individual animal 
ID.  The only difference from the original NAIS plan is that now the metal 
tags and other traditional forms of individual ID have become additional 
forms of numbering/tagging that are used as part of NAIS.

Note that even if your state has passed a law to keep NAIS "voluntary," that 
will not necessarily save you from this rule.  The Federal Register notice 
specifically states:  "All State and local laws and regulations that are in 
conflict with this rule will be preempted." (p. 1638.)  However, if you are 
working to pass a state law limiting NAIS in the present legislative session, 
keep working -- such a law could still be very important.  It shows the 
opposition of animal owners and consumers to NAIS, which may help get the 
rule postponed or rescinded.  In addition, the question of whether this rule 
would pre-empt contrary state laws in all circumstances may someday be open 
to legal challenge.
 
But for now, your best defense against NAIS is to make sure you comment on 
the proposed rule.  Watch for my sample letter to be distributed in the next 
few days.
 

Mary Zanoni