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NAIS Update
Update on the National Animal Identification System:
What is Happening and What You Can Do
By Judith McGeary
In June, USDA published a "Guide for Small-Scale and Non-Commercial
Producers." While this document is filled with feel-good statements
that would lead many to think the National Animal Identification System
(NAIS) will not apply to them, it is short on substance and is not consistent
with USDA's other documents or actions. Rather, the USDA's plans for
NAIS will still fall heavily on the small farmers who provide the nutrient-dense
foods on which we all rely.
The True Meaning of "Voluntary"
The previous USDA NAIS documents are still in effect. USDA has not
withdrawn its 2005 Draft Plan and Strategic Standards, nor the April
2006 Strategies for Implementation. When you read all these documents
together, it is clear that NAIS is not a "voluntary" program.
USDA is merely spin-doctoring, playing a misleading word game.
The USDA has not adopted regulations making NAIS a mandatory program
at this time, but that is only a temporary situation. The 2005 Draft
Plan explicitly stated that the entire program--premises registration,
animal identification, and animal tracking--was to become mandatory
by January 2009. The 2006 Strategies document extended the timeline
somewhat, but maintained that every animal owner in this country must
participate: "To have a successful animal disease management program,
all producers and affected industry segments will have to participate
eventually." The USDA established a January 2009 deadline to have
100% of premises registered and 100% of all animals under the age of
1 year identified, with the remainder of the program to be phased in.
The USDA also stated: "If participation rates are not adequate,
the development of regulations through normal rulemaking procedures
will be considered to require participation in certain aspects of the
program." In other words, while there are no federal regulations
at this time, USDA keeps the threat of such regulations hanging over
our heads.
Even now, NAIS is not a voluntary program. USDA is driving mandatory
implementation by funding state NAIS programs with tens of millions
of our tax dollars. Wisconsin and Indiana have already adopted regulations
making premises registration mandatory. Other states are following their
lead; Vermont has proposed regulations, while Pennsylvania is considering
a statute. States all over the country are enrolling people in the premises
registration program without those individuals' permission. And in contrast
to USDA's assertion in this Guide that there are "no enforcement
mechanisms or penalties," Wisconsin's regulations provide for revocation
of licenses and penalties of up to $1,000 for failure to register, while
the proposed Texas regulations included fines of up to $1,000 per day
and even criminal penalties. To claim that NAIS is "voluntary"
is contrary to the normal definition of this term. The USDA is redefining
words in the tradition of George Orwell's 1984.
Reporting Reality
The USDA's Guide also seeks to downplay the onerous reporting requirements.
Yet, as noted above, the Guide does not state that it supercedes the
2005 USDA documents, which set out the reporting requirements. The published
Program Standards provided that a laundry list of "events"
would have to be reported within 24 hours. Although the Guide provides
a list of half a dozen specific scenarios for which reporting allegedly
would not be required, these scenarios do not materially reduce the
burden on small and non-commercial producers.
The Guide creates one very minor exception to the list of reportable
events for animals that are born on the property, never leave the property,
and are taken off only for custom slaughter for personal consumption.
In practical terms, this exception is meaningless. The vast majority
of individuals who raise food for themselves buy young animals, such
as baby chicks or weaned calves, from other sources. Maintaining a breeding
herd or flock is expensive and time-consuming, and not feasible for
most individuals to do just for personal consumption. And the exception
explicitly does not apply to small farmers who sell even a few chickens
or lamb to others. Thousands of people who consider themselves "small
or non-commercial" producers buy and sell animals during their
lives. This scenario is only relevant for government bureaucrats who
have never raised their own food.
Confusion and Contradiction
The USDA's attempt to make people feel better about NAIS even leads
it to contradict itself within the document. USDA states that "participation
in local fairs and parades" will be exempt from reporting. But,
elsewhere, USDA states that: "Reportable movements are those that
involve a high risk of spreading disease, such as moving livestock from
a farm to an event where a large numbers of animals are brought together
from many sources." Local fairs and parades certainly bring large
numbers of animals from many sources together! Along with not raising
their own food, the USDA officials have apparently also never been to
a local fair.
How Do We Stop NAIS?
Because of the way that USDA has structured its plan, we must fight
NAIS at both the state and the national levels. The Farm and Ranch Freedom
Alliance is a nonprofit organization dedicated to protecting the rights
of farmers, ranchers, livestock owners, and homesteaders. We have joined
forces with the Liberty Ark Coalition, a single-purpose coalition dedicated
to defeating the National Animal Identification System. Together, FARFA
and Liberty Ark have taken the lead in fighting NAIS nationally. We
need everyone's help to be an effective voice in Congress and in each
state.
We worked with Congressman Ron Paul to introduce an amendment in the
House of Representatives to cut off funding for NAIS. While the amendment
failed, it provided the opportunity to educate Congress--for the first
time--about the problems with NAIS. FARFA's work was even quoted on
the floor of the House. It will take multiple battles to win this fight,
but we have started to make our presence known nationally. In addition,
Liberty Ark has been networking activists in over 20 states to help
them effectively oppose NAIS at the state level.
Each individual can do many things to stop NAIS. Educate your friends,
local farmers, and consumers about what NAIS is and the need to take
action. We have materials to help you do this--flyers, petitions, sample
letters--on the citizens' action page at www.farmandranchfreedom.org.
At the local level, ask your county and city officials to adopt a resolution
opposing NAIS. Stay informed about what is happening by signing up for
free emails at www.farmandranchfreedom.org/list/?p=subscribe.
And take the pledge as a Liberty Ark supporter at www.libertyark.net
so we can connect you with other activists in your state.
Working together, we can protect our ability to raise and buy healthy
foods from local farmers.
About the Author
 Judith
McGeary is the WAPF chapter leader for Austin, Texas, and is also an
attorney and small farmer. She has a B.S. in Biology from Stanford University
and a law degree from the University of Texas. After a clerkship with the Fifth
Circuit Court of Appeals, she practiced as an attorney in administrative law,
litigation and appeals. She left her legal practice to form the Farm and Ranch
Freedom Alliance (FARFA), a nonprofit organization dedicated to lobbying on behalf
of independent agriculture, representing both farmers and consumers. She and her
husband live on a sustainable, pasture-based farm outside of Austin, with heritage
poultry, sheep, cattle and horses. For more information, go to www.farmandranchfreedom.org
or call 1-866-687-6452.
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