Healthy soil and sustainable growing

["Tradingpost" <tradingpost@lobo.net>]

Norma sent this on to me. It's a post at
http://tech.groups.yahoo.com/group/NC_Against_NAIS/message/384

NAIS — the Fourth Component
        by Darol Dickinson

USDA Investigator

The National Animal Identification System (NAIS) has been alleged as a three 
component program, however now a fourth component facade is starting to 
reveal itself.

The first step of NAIS is premises enrollment, next animal identification, 
and then coast to coast 48 hour animal tracing.

USDA Under Secretary for Marketing and Regulatory Programs, Bruce I. Knight 
has promised that the NAIS program is easy to enroll and totally voluntary on 
the federal level, "if . . . enough livestock owners enroll so it does not 
have to go mandatory."

The NAIS program has distributed thousands of "selling" USDA press releases 
quoting Knight. The constant controversy of NAIS has placed the Knight name 
among the top ten Internet bureaucrats according to Google, with Bruce Knight 
or Bruce I. Knight showing up over 17,000,000 times.

The fourth Component is meticulously touched by Knight, "If USDA decides to 
make all or parts of the NAIS mandatory, APHIS will follow the normal 
rulemaking process."  With rules, laws, inspections, taxes, regulations, or 
licensing comes the fourth component......Enforcement.

Enforcement of NAIS is not a happy subject especially when the first 
component is still not setting well with the majority of producers.  However, 
it is a dead serious issue for animal owners who want to know what new 
enforcements are involved, and their price tag, before they permanently 
enroll.

In 2007 the US spent nearly one trillion dollars (from taxes and borrowed 
funds) in regulation enforcements, policing, investigations, and mandatory 
compliances.  Although this was a huge expense to the citizenry, the fines, 
collections, penalties, licenses, fees and private property confiscations 
from all law violations was an equally swelling amount; a number impossible 
to locate from federal published data.

The current "rule making process" for USDA is found on line at Cornell 
University Law School, Legal Information Institute, U.S. Code., Title 7 
>Chapter 109> 8313.   Penalties. #8313

(b) Civil Penalties, (1) In general (A)

      (i) $50,000 in the case of any individual, except that the civil 
penalty may not exceed $1000 in the case of an initial violation of this 
chapter by an individual moving regulated articles not for monetary gain;
      (ii) $250,000 in the case of any other person for each violation; and
      (iii) $500,000 for all violations adjudicated in a single proceeding.

Penalties appropriate to the violation is a cornerstone fundamental of the US 
judicial system.  Enforcement is totally capricious with USDA.  One could be 
fined in county court $1000 for a 70 mph speed violation through a school 
zone, yet $50,000 for crossing a state line with one number incorrect on a 
USDA issued livestock health certificate—for a perfectly healthy child's 
pony!  Dr. Max Thornsberry, President of R-CALF USA says, "The USDA is a run 
away agency out of control, with total disregard for U.S. citizens."

Producers have been mystified by the massive amount of grants and funds 
(cooperative agreements) doled by USDA to get NAIS closer to full mandatory 
mode.  The nearly $150,000,000 invested to promote enrollment looks large, 
but ..... it would only take 300 violations of $500,000 each to quickly earn 
it back.

US leaders watch other government trends closely in creating new laws and 
taxation.  Europe has been a leader in pioneering thought for US policy.  
Government animal numbering systems have been urged in a few countries prior 
to the marketing of NAIS in the US.  Australia is the only country to have 
implemented electronic tagging and tracking as is proposed by the USDA.  
Australia is a prototype for enforcement also.

Stephen Blair, a Director of the Angus Society of Australia was recently 
fined $17,300.  He was prosecuted by Australian Minister McDonald for moving 
cattle from one of his ranches wearing  ear tags from his other ranch to a 
livestock auction. No diseased or stolen livestock were involved. It was a 
matter of a government rule violation.  This is a small example of the 
enforcement USDA could wield over US livestock producers if NAIS was exacted 
mandatory.

Part of the title for Bruce Knight, is "REGULATORY PROGRAMS."  This probably 
helps explain his tigerish priorities for the income generating fourth 
component of NAIS—ENFORCEMENTS.

USDA enforcements are now, and will be a coerced obligation of all licensed 
USDA veterinarians.  Vets will be required to report all non compliance of 
their valued clients or be subject to immediate licensing reviews.  The 
USDA/APHIS policing division is the Investigative and Enforcement Services 
(IES) with headquarters in Raleigh, NC; Fort Collins, CO; and Riverdale, MD.  
IES boasts of increasing thousands of "clients" with a 51% increase in case 
load and "more than a threefold increase in the dollar value of civil 
penalties" in one recent year. To enforce the ever increasing number of 
regulations, the government seeks to make ordinary citizens into their 
enforcers. Even today all neighbors, farm employees and friend or foe 
associates are encouraged on the IES web site to "Report potential 
violations, please contact IES." Wisconsin tried to use bulk milk haulers to 
enforce NAIS against Amish dairy farmers in 2007. The Fourth Component is 
operational and extremely aggressive.

The Texas Animal Health Commission (TAHC) printed an information flyer to 
dispel negative NAIS exaggerations.  Question: Reports say you're going to 
charge $1000 a day for not participating if it is mandatory.  Answer: The 
TAHC is a regulatory agency and has administrative penalty provisions in it's 
law as a recourse for persons who refuse to comply.

The Fourth Component is Enforcements  It can be disastrously expensive.  The 
majority of US livestock producers don't like the thought of imprisonment and 
exorbitant fines.

NAIS, when mandatory, as proposed by USDA, will require 100% computer 
movement documentation at the full expense of livestock owners.  In a three 
year period the total NAIS computer movement  numbers in the USA will more 
than eclipse the number of all people living on the entire planet earth. The 
whopping magnitude of this federal numbering burden will require a giant 
increase in USDA employees, facilities, and, of course IES will explode with 
new "clients."


Every livestock producer is encouraged to study the many intricate details of 
NAIS.  The large majority of livestock producers refuse to enroll their 
premises in NAIS.  Oppose NAIS now, rather than when it becomes scurrilously 
mandatory.  There is a small amount of time remaining to politically react. 
For more information www.naisSTINKS.com or www.NONAIS.org or 
www.LibertyArk.net.

Australian ear tag case:
Http://www.agmates.com/blog/2008/06/30/

Cornell Agriculture Law:
Http://www.law.cornell.edu/uscode/7/usc_sec_07_00008313----000-.html

APHIS' Investigative and Enforcement Services
Http://www.aphis.usda.gov/ies

USDA Investigator
Caption: USDA Investigator initiating surveillance on unaware farmer.
High Res Photo: http://www.naisstinks.com/images/usda_investagator_l.jpg