Page 80 - Spring2010

Legislative Updates

NAIS FIGHT OVER FOR THE MOMENT, FOOD SAFETY LEGISLATION FIGHT LOOMS
By Judith McGeary, Esq.

February 5th brought a surprising announce- own consumption, based on the theory that this
ment from the USDA. Secretary Vilsack stated local non-commercial activity could affect inter-
that the National Animal Identification System state commerce if one looked at the cumulative
(NAIS) would be scrapped and replaced with a impact of everyone engaging in such activity.
“new framework for animal diseases traceabil- Wickard and similar cases led to a great expan-
ity.” NAIS would have required every person sion in the scope of federal regulation. Yet it does
who owned even one livestock or poultry ani- not mean that every use of the term “interstate
mal to register their property with the state and commerce” covers intrastate activity.
federal government, tag each animal when it left This issue was raised in a conference call
its birthplace (in most cases using microchips or between Secretary Vilsack and the organizations
Radio Frequency Identification Devices), and re- that had participated in last year’s roundtable
port a long list of movements within twenty-four in DC, including the Farm and Ranch Freedom
hours. In contrast, the new framework will cover Alliance. Secretary Vilsack stated that the new
only animals moved in interstate commerce and program would track animals that crossed state
will encourage the use of lower-cost technology. lines so as to trace them back to their state of
origin, and that any intrastate tracking was the

Judith McGeary A SIGNIFICANT CHANGE decision of the state. I followed up by asking
is an attorney and In the fact sheet that accompanied USDA’s whether the USDA would continue to use federal
small farmer in announcement, the agency acknowledged that funding as a way to pressure the states to adopt
Austin, Texas, “the vast majority of participants [at the listening NAIS-type premises registration or technology.
and the Execu- sessions in 2009] were highly critical” of NAIS. The Secretary answered that he does not intend
tive Director of the The agency listed a wide range of objections to to use federal funding to penalize states for not
Farm and Ranch adopting specific technology or implement NAIS
Freedom Alliance. NAIS, and later referred to the “very legitimate
She has a B.S. in concerns of the American public and those in through the “back door.” He went on to say that
Biology from Rural America.” Given the agency’s history of NAIS had received a “failing grade.” This direct
Stanford University characterizing the opposition to NAIS as a lu- response was a startling change from the circu-
and a J.D. from the natic fringe of naysayers, this admission alone itous double-talk that USDA officials have used
University of Texas represents a significant change. throughout the NAIS program.
at Austin. She and We have stopped the train that was heading We cannot rest on these statements, however,
her husband for us. But that doesn’t end the fight. The train and we must keep up the pressure at every step
run a small to ensure that USDA lives up to what it is now
grass-based farm could re-start —what will the USDA develop as
with sheep, cattle, its new framework? And there are many, many saying.
horses, and heritage spurs on the rail —what will the States develop
breed poultry. for intrastate programs? NAIS ON THE STATE LEVEL
For more Moving past USDA’s new framework, we
information about INTERSTATE COMMERCE face many potential problems with state pro-
NAIS and what One of the key concerns with USDA’s new grams. Wisconsin, Michigan, and Indiana have
you can do to framework is the scope of “interstate commerce.” already implemented portions of NAIS. In Wis-
stop it, go to consin, in particular, the case against an Amish
www.farmandranch- In the infamous Wickard v Filburn case in 1942,
freedom.org or the Supreme Court held that a federal agency farmer, Emanuel Miller, who has objected on
call 1-512-243-9404. could regulate a farmer growing wheat for his religious grounds, remains pending. Will other
80 Wise Traditions SPRING 2010