Homestead mailing list

["Lynn Wigglesworth" <lynnw1366 AT hotmail.com>]

If you want to send a message to Obama, vote here:
http://www.change.org/ideas/view/stop_nais

Lynn Wigglesworth

----- Original Message ----- 
From: "bobf" <bobford79 AT yahoo.com>
To: <homestead AT lists.ibiblio.org>
Sent: Wednesday, January 14, 2009 10:24 AM
Subject: [Homestead] Warning from an anti-NAIS activist


> 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 ......
>
> ---------------------------------------------------------------------
>
> 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
>
>
>
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