March 25, 2008 for public information--reproduction
Highly recommended! Editor GNL
The following is a list of questions I have put together for the state NAIS coordinator and other public officials, for the purpose of learning the current status of the system and to educate the reader of the questions. These questions were presented prior to a "listening session" in Ohio with mostly equine interests. One question was clearly answered, the others avoided, delayed or ran out of time. It is recommended these questions be answered satisfactory before NAIS premises surrender.
This list is recommended to use for all county "listening sessions" across the nation. Copy and distribute prior to USDA pundit presentations.
Without these questions solved satisfactorily, no livestock owner should surrender to NAIS enforcement.
Sincerely,
Thomas Jones.
440-996-0110
http://www.wiwfarm.com
2. Either the USDA Business Plan or the technology document it references discuss reporting a "move-in" and a "move-out" event. Am I correctly interpreting this as meaning that animals will be scanned when they arrive and when they leave?
3. Boarding facilities where livestock is owned by many different owners. Would that premises have one number and report all arrivals regardless of who owned the animals? Or is it up to the owner of the animal to report the movement?
4. I do not have 24 hour surveillance of the coming and going of my boarders. What is my liability if a boarder takes her horse to an event and fails to (a) notify me or (b) to make a report?
5. How do I tell a boarder he/she will have to chip his/her horse and submit to government surveillance without losing him/her as a customer?
6. As the owner of a boarding facility am I required to purchase an RFID reader?
7. How is reporting in the 24 hour time frame accomplished?
8. Will I be required to have an internet connection to report movements?
9. What is the cost of the internet connection?
10. What software will be required for the reader to interface to the computer and reader?
11. What will be the expected cost of the software?
12. Who is going to compensate me for the cost of software, hardware, and time to manage the comings and goings of my boarders?
13. Since the database is in private hands, will there be a service charge for reporting?
14. If the database is in government hands, will there be a service charge for reporting?
15. If a horse owner did not keep any livestock at his/her residence, would his/her residence need premises ID #?
16. What happens when a premises does NOT have a Premises ID number and therefore is not required to report any arrivals, yet the arrival animal has a NAIS Animal ID #?
17. If a vet comes to my farm to do Coggins tests, would he be required to record the Premises ID # of that location, regardless of who owns the animals or is paying for the tests?
18. Animal Id #'s go with the animal. Ownership information attached to that number changes when a sale occurs. Who is responsible for updating the system? Who pays for the updated information?
19. Suppose a state like Oklahoma or Massachusetts becomes a mandatory Premises ID state, that is, no horses can enter the state or move around within the state unless they are coming from a location with a Premises ID#. Does this fact mean that no horses coming to the Grand National or the New England Morgan Show can participate unless they are coming from a location that has Premises ID #? Now how is my participation voluntary?
20. Is the premises ID# something completely new or will NAIS be using the numbers assigned to farms under the USDA FSA (Farm Service Agency) program?
21. Has there been or will there be and impact study before implementation considering the already depressed condition of the equine from the loss of secondary market, the down economy, the rising cost of fuel, and the recent and ongoing droughts?
22. The First Amendment protects the free exercise of religion. While recognized limits apply to the free exercise of religion, particularly when criminal activity is involved, a mandatory identification program would conflict with the religious belief of numerous groups (most notably the Amish) that participation in government programs violates Scriptural teachings. Will these groups have an exemption from participation?
23. The Fourth Amendment protects against unreasonable searches and seizures. The proposed surveillance of every premises where even a single animal of any covered livestock is kept, and the requirement of RFID of every animal raises significant Fourth Amendment concerns. Indeed, the "premises" that USDA plans to subject to GPS satellite surveillance and RFID includes the private homes of citizens. The U.S. Supreme Court has ruled that the government cannot use sense-enhancing technologies to invade the privacy of citizens' homes. Likewise the Court has ruled that the sanctity of the home is entitled to greater privacy protections than are industrial complexes. In an agricultural context, the question of what is the "home" for purposes of the Fourth Amendment involves how far the "curtilage" of the home extends. Caselaw illustrates that curtilage can include farm buildings, outbuildings, and associated land areas - anywhere there is a reasonable expectation of privacy. Based on the Fourth Amendment will smaller-sized, non-industrialized family farming operations and hobby farms be exempted form a mandatory NAIS?
24. The proposed NAIS is the first attempt by the federal government at forced registration in a large, permanent federal database of individual citizens' real property (the homes and farms where animals are kept) and personal property (the animals themselves). Presently, the only general systems of permanent registration of personal property in the United States involve systems for motor vehicles and guns - two items that are highly dangerous if misused. It is difficult to imagine any acceptable basis for the USDA to subject the owner of an animal (except, perhaps, those that are highly dangerous) to more intrusive surveillance than the owner of a gun or automobile. But, even with respect to a gun, an owner can use the gun on his own property without notifying the government. However, under the proposed identification program, the government would require the reporting within 24 hours of any instance of an animal's leaving or returning to the registered property.
A mandatory identification plan would be in violation of Fifth and Fourteenth Amendment in situations involving the constant surveillance of a premises where the owner is only attempting to raise food for the household or for a limited local area and has no intention of distributing the food on a wider scale. Will there be an exemption based on the Fifth and Fourteenth Amendments?
25. Producer liability: Another significant issue is whether a national identification program will increase the possible legal exposure of livestock producers for events that occur after the livestock leave the farm. While livestock producers are responsible for the livestock they produce, and the USAIP does not change any existing liability rules, enhanced traceability may provide the ability to more readily track problems quickly and provide documentation to determine whether appropriate methods and measures were followed to avoid disease contamination. That could result in greater potential liability at the producer level. In other words every step in the supply chain will share the same level of liability. How do you propose to shield the individuals in the supply chain from harm while pursuing the individual who is responsible?
26. Whether any eventual national animal identification plan is voluntary or mandatory may determine whether the collected information can be obtained by the general public. The Freedom of Information Act (FOIA) allows access to government agency records that are maintained by agencies with the executive branch of the federal government. Agency records that are subject to disclosure under the FOIA are those that are either created or maintained by an agency and under agency control at the time the FOIA request is made.
In addition, it is possible that private records could be accessed via litigation pursuant to a court's subpoena power. Even if particular information is exempt under the FOIA, it may still be obtained through the discovery process in a legal proceeding if the party's need for information exceeds the government's need for confidentiality. That said what protection does my information have?
27. When, where, and how will NAIS participation become a mandatory situation in our state?
28. Under what circumstances will premises registration, horse identification, and recording of all movements off premises become mandatory relative to horses?
29. Why does the USDA or the state Department of Agriculture have the right to mandate NAIS policy without the approval of voters within an individual state?
30. Which employees at the USDA or the state Department of Agriculture make the NAIS policies?
31. How long will a NAIS set of protocols mandated by some emergency remain in effect after the emergency is resolved.
32.The fact it is illegal to process horse meat in the US; is the main reason for NAIS still to assure safe food?
33.Why does the NAIS written plan refer to livestock and land owners as "stakeholders?" Does USDA want to down-play the honor and authority that property owners have earned to refer to them as persons "holding the stakes while another plays the game?"
34.If NAIS is partly voluntary, what will be the projected loss of commerce (taxable income) between states due to the termination of interstate livestock transactions between mandatory and voluntary states?
35.Does the cost of interstate business loss appear to be the most forceful weapon of NAIS to excruciate compliance of equine businesses in non mandatory states?
36.The (4) forth part of NAIS, which is slightly eluded to in the USDA plan, refers to a national crack-down of enforcements, fines and incarceration. Do you have a printed list of these fine amounts and incarceration periods for Amish and other objectors to the mandatory program when it is in full execution mode?
37.Many who are evaluating the NAIS plan feel the little mentioned "forth part" (Enforcing) will be the demise of rural livestock ownership as we have historically known it. Who will, and how will part 4 be executed?
38.For part four, will the USDA employ veterinarians to do enforcements? Will these veterinarians be immigrants with a foreign DVM or will practicing veterinarians be hired and removed from current private practices to enforce property NAIS livestock compliance.
Dear Roni,
You have our permission to use these questions. We composed questions 1-31. The remaining questions were supplied by Darol Dickinson, of Dickinson Cattle Co., of Ohio and Colorado. Just to be certain that he gives his permission to use them, and we believe he does, we will forward this e-mail to him as well. We hope that these questions will help readers examine the important issues and consequences of the NAIS.
Sincerely,
Tom and Diane Jones
This is all prepared for reproduction, anyplace, anytime. Darol