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Group Wins Major Animal ID Dispute, No NAIS,

PORKER

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Location
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12/29/08:
Group Wins Major Animal ID Dispute; USDA Cancels Mandatory Premises Registration Directive

by R-CALF United Stockgrowers of America (Posted by Linn Cohen-Cole)

www.opednews.com

OpEdNews - Newtown,PA,USA

For those aware of the threat the NAIS poses, this is a significant victory for the freedom to farm. The fight is not over, however, until states such as Michigan and Wisconsin rescind their mandatory NAIS regulations. In Wisconsin, the state agriculture department has filed suit against Emmanuel Miller, an Amish farmer, for refusing to register his premises - just the issue that R-CALF has fought with the USDA and won. Let us wish Mr. Miller well in his trial and that he retain full freedom to farm - something his family came to this country for, many generations ago.


"Fighting for the U.S. Cattle Producer"
For Immediate Release
Shae Dodson, Communications Coordinator


December 29, 2008

Phone: 406-672-8969; e-mail: [email protected]

Billings, Mont. – Just over a month after R-CALF USA sent a formal letter to the U.S. Department of Agriculture's (USDA's) Animal and Plant Health Inspection Service-Veterinary Services (APHIS-VS) demanding that the agency retract Memorandum No. 575.19 issued on Sept. 22, 2008, APHIS-VS officially canceled that particular memo on Dec. 22, 2008.

Memorandum 575.19 mandated premises registration under the National Animal Identification System (NAIS) for producers engaged in interstate commerce and who participate in any one of the dozen or more federally regulated disease programs.

R-CALF USA told the agency in its Nov. 10, 2008, letter that the memo "constitutes an unlawful, final regulatory action initiated and implemented without public notice or opportunity for comment, as required by the Administrative Procedure Act," and must be retracted.

"We caught USDA in the unlawful act of trying to convert what was promised to be a completely voluntary animal identification system into a mandatory NAIS, and the agency backed down," said R-CALF USA President/Region VI Director Max Thornsberry, a Missouri veterinarian who also chairs the group's animal health committee. "This goes to show how an organized group of cattle producers can effectively defend their rights if they stand and fight together."

The cancellation memorandum issued by APHIS-VS on Dec. 22, 2008, states, "VS Memorandum No. 575.19 dated September 22, 2008, is hereby canceled."
"This action by USDA confirms what we've been saying all along – that USDA does not have the authority to implement NAIS and it is using underhanded and unlawful methods to coerce independent cattle producers into giving up their rights to their property," said Kenny Fox, who chairs the group's animal identification committee.

"R-CALF USA encourages producers to not register their premises under the NAIS and to immediately request that their names and property be removed from the NAIS database if they had previously registered under USDA's coercive actions," Fox urged.

The new APHIS-VS memo further states that APHIS-VS "has an established procedure for producers who request their premises record be removed from the NAIS premises databases."

R-CALF USA advocates that USDA should use and improve existing disease traceback methods including state-sanctioned brand programs that do not require individual producers to register their property under a national premises registration program in order to improve USDA's disease traceback capabilities.

"There is no need to violate producers' private property rights to accomplish this objective, and R-CALF will continue to work with Congress and USDA to improve our existing systems, but we will not tolerate the type of government intrusion on our industry that USDA envisioned with NAIS," Fox concluded.
 
mytfarms said:
Oldtimer said:
mytfarms said:
Phew! Does NAIS have anything remotely to do with the Premise I.D. system?

Yep- they are one and the same....

OK, then I am Really happy that it got shut down. :D

Just to clarify. Only one little piece of it got shut down. Requiring premises registration in order to participate in certain federal disease control programs got shut down. There's still more to go.
 
Cinch said:
mytfarms said:
Oldtimer said:
Yep- they are one and the same....

OK, then I am Really happy that it got shut down. :D

Just to clarify. Only one little piece of it got shut down. Requiring premises registration in order to participate in certain federal disease control programs got shut down. There's still more to go.

Well, thanks for clearing that up. At least this is a start.....
 
Yep, good news! Now when you find your next case of BSE, you won't be able to trace it to the farm or ranch of origin!!!

Oh right, I forgot -you don't test so you don't find!!! So really, you don't need to know where stuff comes from!!!

Yep, you don't need NAIS!!!
 
burnt said:
Yep, good news! Now when you find your next case of BSE, you won't be able to trace it to the farm or ranch of origin!!!

Oh right, I forgot -you don't test so you don't find!!! So really, you don't need to know where stuff comes from!!!

Yep, you don't need NAIS!!!

Yep- that eartag and magic government number cured all Canada's BSE :???: :roll: :wink: :lol: :P

The first thing a guy needs to do is go back to what the original TSE scientific panel and policy said- quit shipping it back and forth....But then that didn't fit the packers captive supply-generic swapping plan so that had to go :(
 
Oldtimer said:
burnt said:
Yep, good news! Now when you find your next case of BSE, you won't be able to trace it to the farm or ranch of origin!!!

Oh right, I forgot -you don't test so you don't find!!! So really, you don't need to know where stuff comes from!!!

Yep, you don't need NAIS!!!

Yep- that eartag and magic government number cured all Canada's BSE :???: :roll: :wink: :lol: :P

The first thing a guy needs to do is go back to what the original TSE scientific panel and policy said- quit shipping it back and forth....But then that didn't fit the packers captive supply-generic swapping plan so that had to go :(

Yep, I suppose it could present a challenge for either a very juvenile or sadly geriatric mind to grasp the relatively simple meaning in my post. Sorry oldtimer, don't fret yourself about it, just go back to drooling in your whiskey glass.
 
If you have not read the actual USDA/APHIS memorandum for yourselves, you may find it here: http://www.r-calfusa.com/animal_id/081222-CancelsMandatoryPremisesRegistration.pdf
The most important piece to read is the last page:
"APHIS is considering rulemaking to establish the standardized PIN as the sole premises identification number, when a PIN is otherwise required or assigned. In the meantime, the State PIN will be issued in the administration of animal disease program activities when the State or producer, or person responsible, for the premises elects not to have a standardized PIN assigned to the premises."

Note that is says YOU or YOUR STATE has to elect not to have the federal PIN (premises ID) assigned but also note, they are considering the rule making process to establish the federal PIN as the number. You can count on them doing just that in the next couple of weeks. They'll do what they have done every time and wait for the stink to die down then sneak it in the Federal Register.
So yes, while R-CALF's letter caught them doing what they legally could not, the intent is more than clear. The USDA has NOT given up on NAIS!
 
horsein said:
If you have not read the actual USDA/APHIS memorandum for yourselves, you may find it here: http://www.r-calfusa.com/animal_id/081222-CancelsMandatoryPremisesRegistration.pdf
The most important piece to read is the last page:
"APHIS is considering rulemaking to establish the standardized PIN as the sole premises identification number, when a PIN is otherwise required or assigned. In the meantime, the State PIN will be issued in the administration of animal disease program activities when the State or producer, or person responsible, for the premises elects not to have a standardized PIN assigned to the premises."

Note that is says YOU or YOUR STATE has to elect not to have the federal PIN (premises ID) assigned but also note, they are considering the rule making process to establish the federal PIN as the number. You can count on them doing just that in the next couple of weeks. They'll do what they have done every time and wait for the stink to die down then sneak it in the Federal Register.
So yes, while R-CALF's letter caught them doing what they legally could not, the intent is more than clear. The USDA has NOT given up on NAIS!


And so R-CALF continues the fight.
 

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