NAIS Update: Calls needed in Illinois; Missouri bill passes;
Farm-to-Consumer Legal Defense Fund sends
a notice of intent to sue to USDA
ILLINOIS
Illinois HB 5776 is heading for the “3rd reading” and vote on the Senate floor this week! This bill does two things: (1) forbids the Illinois Department of Agriculture (IDOA) from requiring premises registration or NAIS electronic identification for participating in fairs, unless required by federal law and (2) requires the IDOA to develop a procedure for people to withdraw from NAIS, so that the thousands of people who have already signed up can get back out.
Below is a list of the Illinois Senate sponsors. If your Senator has sponsored the bill, please call and say thank you! It is important that they hear that their constituents appreciate their sponsorship, so that they don’t change their minds. If your Senator has not yet sponsored the bill, please call and make sure that they intend to vote yes.
It’s also critical that you call your Illinois Representative. HB 5776 was amended by the Senate Agriculture Committee, and so the bill will go back to the House for concurrence. The session adjourns on May 29, so time is running very short! Please call now!!
For talking points and more information about NAIS and Illinois, go to http://www.libertyark.net/states/il.html or contact the Liberty Ark Coalition at libertyark@freeom.net
TAKE ACTION
1) Contact your Illinois Senator. You can look up who represents you at http://www.congress.org - Remember, HB 5776 is a state bill, so look for your state legislators’ information. You can also call the Illinois Legislature's information line at 217-782-3944.
Current Senate sponsors of Illinois HB 5776:
Pamela J. Althoff
Tim Bivins
J. Bradley Burzynski
Gary G. Dahl"
Deanna Demuzio
Gary Forby
Michael Frerichs
David Luechtefeld
John Jones
Christine Radogno
Dale A. Righter
John M. Sullivan
Frank C. Watson
If your Senator is already a co-sponsor, call and tell them “Thank you for supporting HB 5776 and independent agriculture in Illinois.” If your Senator is not already a co-sponsor, call and urge him or her to vote yes on HB 5776!
2) Contact your Illinois Representative. You can look up who represents you at http://www.congress.org Remember, HB 5776 is a state bill, so look for your state legislators’ information. You can also call the Illinois Legislature's information line at 217-782-3944. MESSAGE: “Vote yes on HB 5776 when it comes back to the House.”
ADDITIONAL INFORMATION
There is a lot of debate around a provision that was added to HB 5776 in the House. This provision would strip the Governor and agency of rulemaking authority without legislative approval. The provision was added to many of the bills in the House and has nothing to do with NAIS -- it is about the balance of power between the branches of government. The Senate Agriculture Committee removed the provision. So, assuming HB 5776 passses the Senate, either the House will have to concur in the Senate version or the Senate will have to concur in the House version. In other words, there’s major risk that the bill could die because of disagreements that have nothing to do with NAIS. So it’s important to call BOTH your Senator and Representative, and be clear that you want them to pass HB 5776. Ask them to set aside the other issues, and agree that NAIS should not be forced on our children and that people should be able to withdraw from it.
MISSOURI
On Thursday, the Missouri Legislature passed SB 931, an omnibus agriculture bill that includes an anti-NAIS provision!!!
Section 267.l68 of SB 931 states:
267.168. 1. The state of Missouri may support a voluntary animal identification program. The department of agriculture shall not mandate or otherwise force national animal identification system (NAIS) premises registration without specific statutory authorization from the Missouri general assembly.
2. Any person who participates in the national animal identification system may withdraw from the system at any time. All personal information relating to a participant shall be deleted from the system when the participant withdraws, unless the participant is part of an ongoing disease investigation or disease monitoring or control program.
3. If the provisions of this section interfere with the marketing of Missouri livestock, the governor by executive order may waive the provisions of this section in whole or in part until the Missouri general assembly takes action to reinstate or modify the provisions of this section.
Many thanks and congratulations to all of the people in Missouri who worked so hard to make this happen! Special thanks to Ray Cunio, Russell Wood, Doreen Hannes, Bob Parker and the others who have worked tirelessly in this fight. The bill contains some loopholes, so the fight is not over. But this is an important step.
The Governor is expected to sign SB 931 without any problem. This will make four states that have adopted statutes rejecting a mandatory NAIS!!!
NOTICE OF INTENT TO SUE USDA
The Farm-to-Consumer Legal Defense Fund sent a notice of intent to sue to both the USDA and the Michigan Department of Agriculture! Below is the full press release. You can also read it, and the full notice of intent to sue, at http://www.ftcldf.org/press-15May2008.html
This is exciting news for the anti-NAIS movement! Please help spread it!
Press Release, from http://www.ftcldf.org/press-15May2008.html
FOR IMMEDIATE RELEASE
Legal Defense Fund Moves to Stop Animal ID Program;
Files Intent to Sue Letter with USDA and Michigan Department of Agriculture
Falls Church, Virginia, (May 15, 2008) -- Attorneys for the Farm-to-Consumer Legal Defense Fund today sent a Notice of Intent to Sue letter to the United States Department of Agriculture (USDA) and the Michigan Department of Agriculture (MDA) over implementation of the National Animal Identification System (NAIS), a plan to electronically track every livestock animal in the country.
The Notice asks the USDA and MDA to "immediately suspend the funding and implementation of NAIS," and "fully and fairly examine" whether there is even a need for such a program.
Taaron Meikle, Fund president, said that contrary to USDA's claim, NAIS will do nothing to protect the health of livestock and poultry. "At a time when food safety and costs are a concern, the USDA has spent over $118 million to promote a program that will burden everyone from pleasure horse owners to ranchers and small farmers to individuals who raise a few chickens or steers on their own land for their own use."
Once fully implemented, the NAIS program would require every person who owns even one livestock or poultry animal (a single chicken or a pet pony) to register their property with the state and federal government, to tag each animal, and to report "events" to a database within 24 hours. Reportable events would include such things as a private sale, a state fair, or a horse show.
The Notice charges that USDA has never published rules regarding NAIS, in violation of the Federal Administrative Procedures Act; has never performed an Environmental Impact Statement or an Environmental Assessment as required by the National Environmental Policy Act; is in violation of the Regulatory Flexibility Act that requires them to analyze proposed rules for their impact on small entities and local governments; and violates religious freedoms guaranteed by the Religious Freedom Restoration Act.
"We also think there are constitutional issues at stake here," Meikle noted. "The requirement to use electronic ear tags or RFID chips violates the religious beliefs of some farmers, such as the Amish, and provisions in a memorandum of understanding between the USDA and the MDA could violate the Fourth and Fifth Amendments to the Constitution by requiring the state to stop and inspect vehicles carrying livestock without a warrant or probable cause."
The MDA has implemented the first two stages of NAIS -property registration and animal identification - for all cattle and farmers across the state as part of its mandatory bovine tuberculosis disease control program, which is mandated by a grant from the USDA.
"While touted as a disease control program, the NAIS will drive many small farmers out of business" Meikle noted, "and burden every person who owns even one horse, chicken, cow, goat, sheep, pig, llama, alpaca, or other livestock animal with expensive and intrusive government regulations."
Joe Golimbieski, a farmer from Standish, Michigan and Fund member, explains: "The cost of the tags is just the start. We're at the mercy of whatever price the stockyards charge to do the tagging. And our farm doesn't have extra employees to deal with paperwork. NAIS is likely to put us out of business."
Gary Cox, General Counsel for the Fund, states that "USDA and MDA have exceeded their authority and they have completely failed to follow the proper procedures. We are calling on the agencies to immediately halt implementation of the program or face appropriate action."
About The Farm-to-Consumer Legal Defense Fund: The Fund's mission is to defend the freedoms and to broaden the rights of sustainable farmers and their consumers to produce and consume local, nutrient-dense foods. Concerned citizens can support the Fund by joining at www.farmtoconsumer.org or by contacting the Fund at 703-208-FARM. The Fund's sister organization, the Farm-to-Consumer Foundation (www.farmtoconsumerfoundation.org), works to support farmers engaged in sustainable farm stewardship and promote consumer access to local, nutrient-dense food.
Editor's Note: The Notice of Intent to Sue the (USDA) and (MDA) is available at www.farmtoconsumer.org
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Contacts:
Taaron G. Meikle
President, Farm-to-Consumer Legal Defense Fund and Farm-to-Consumer Foundation
703-537-8372
tgmeikle@aol.com
Brian Cummings
Cummings & Company LLC
214-295-7463
brian@cummingspr.com
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Fighting NAIS and protecting independent agriculture is a multi-front effort. Using the court system, the legislative system, and public education are all critical! You can download materials to help with both lobbying and education at http://www.libertyark.net/tools.html
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