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the groundwork for future regulations that would safety program. The NAIS tracking ends at
limit people’s options on the types of tags they the slaughterhouse, while most foodborne ill-
could use. nesses are due to contamination that occurs at
The comment period for the proposed rule the slaughterhouse, food processing or handling
closes March 16, 2009. At the time this article facilities, or at homes and restaurants. So NAIS
went to press, thousands of people had already provides little or no relevant information in the
submitted comments opposing the proposed rule, event of a foodborne illness outbreak.
as well as NAIS in general. Since the rule was
proposed before the new Administration started, FOOD TRACEBILITY PROPOSALS
Secretary Vilsack’s response to the outpouring And whether it involves meat or produce,
of opposition will set the stage for what happens the value of traceability in foodborne illness out-
next. breaks is limited by the realities of such illnesses.
The typical incubation period for foodborne
CONGRESS GETS INTO THE ACT illnesses is several days, so the main difficulty
Each year for the last five years, Congress in tracking outbreaks comes from people’s in-
has appropriated money to fund NAIS imple- ability to accurately remember what they ate
mentation. In the Omnibus Appropriations bill several days before. Yet, unfortunately, many in
for Fiscal Year 2009, which will fund the entire Congress do not understand the facts underlying
federal government for the rest of the year, the foodborne illnesses (or choose to ignore them),
House included a provision for $14.5 million in and tracking animals continues to appear in these
NAIS funding, which is about half of what USDA bills.
had requested. But Rep. Obey (D-WI), who Senate Bill 425, introduced by Sherrod
chairs the House Appropriations Committee, Brown (D-OH) would require FDA to establish
included some very damaging statements in the a traceability system “for all stages of manufac-
record about timelines and performance goals for turing, processing, packaging, and distribution
NAIS. Although these are not law, because they of food.” Since meat does not fall within FDA’s
are not in the bill, they provide a lot of impetus jurisdiction, this bill would not mandate NAIS,
to USDA’s implementation of NAIS. As this ar- but would establish a NAIS-type system for other
ticle went to print, the Senate was debating the foods. For meat, the bill gives USDA mandatory
Omnibus Appropriations bill. recall authority. Senate Bill 510, the FDA Food
The action in Congress this year will extend Safety Modernization Act, is the most recent
far past the Appropriations bill. On March 11, the of the food safety bills. Introduced by Senator
House Subcommittee on Livestock, Dairy and Durbin (D-IL), it also focuses on foods within
Poultry will hold a hearing on “animal identi- FDA’s jurisdiction and includes specific require-
fication programs.” As of the week before the ments for pilot projects on traceback programs
hearing, the Chair of the subcommittee still has and regulations.
not released the list of organizations that have HR 814, introduced by Congresswoman Di-
been invited to testify, but it is safe to assume ana DeGette (D-CO), would mandate traceability
that it will include all of the usual suspects from for all poultry and livestock—specifically includ- NAIS
Big Ag, including the technology companies and ing cattle, sheep, swine, goats, horses, mules and provides
database managers who stand to make a fortune other equines presented for slaughter for human
from NAIS. One anti-NAIS group has been food purposes—where the animals or the result- little or no
invited to testify, and WAPF is working with ing food are shipped interstate. Although the bill relevant
other organizations to mobilize the grassroots does not use the term “National Animal Identifi- information in
response. cation System,” it clearly envisions a NAIS-type
There are also five food safety bills that program in its provision that the tracking system the event of
have been filed already, and more are expected. must allow traceback to any premises at which a foodborne
All five bills include “traceability” provisions, an animal was held at any time before slaughter. illness
whether for animals, produce, or both. It’s a The bill could also effectively mandate NAIS for
confusing situation, because NAIS is not a food many people who never ship animals interstate, outbreak.

SPRING 2009 Wise Traditions 91