Farmers opposed to the National Animal Identification System ( NAIS ) , a U.S. Department of Agriculture ( USDA ) plan to electronically track every farm animal animal in the country , have another radical in their nook .
TheFarm - to - Consumer Legal Defense Fund(FTCLDF ) and Farm - to - Consumer Foundation moved to stop the USDA and the Michigan Department of Agriculture ( MDA ) over its required effectuation of the NAIS , according to a button .
Michigan , like the states of Indiana , Wisconsin , Illinois , North Carolina , and Colorado , have transform the “ Voluntary ” NAIS into mandatory program base on current state health programs , such as tuberculosis , pseudorabies , and brucellosis .
Legal Defense Fund ’s move to action is the first example of effectual refuge against NAIS and take USDA / MDA to stop carrying out immediately and to chasten violations or face judicial proceeding with unspecified financial title for relief .
lawyer for the Farm - to - Consumer Legal Defense Fund send out a posting of Intent to Sue letter to the USDA and the MDA call for that 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 course of study .
Taaron Meikle , Fund president , said that contrary to USDA ’s claim , NAIS will do nothing to protect the wellness of farm animal and domestic fowl . “At a time when solid food safety and toll are a concern , the USDA has spent over $ 118 million to elevate a program that will burthen everyone from pleasure sawbuck owner to rancher 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 soul who owns even one livestock or poultry animate being ( a unmarried chicken or a pet pony ) to read their holding with the State Department and federal government , to tag each animal , and to report “ effect ” to a database within 24 hour .
Reportable events would let in such thing as a private cut-rate sale , a state fair , or a horse show .
The Notice accuse that USDA has never publish rules regarding NAIS , in misdemeanour 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 canvass proposed convention for their impact on small entity and local politics ; and dishonour religious freedoms guarantee by the Religious Freedom Restoration Act .
“ We also think there are inherent issues at stake here , ” Meikle noted . “ The requirement to expend electronic pinna ticket or RFID chips violates the religious beliefs of some James Leonard Farmer , such as the Amish , and provisions in a memo of understanding between the USDA and the MDA could break the Fourth and Fifth Amendments to the Constitution by requiring the state to block and scrutinize vehicle carrying livestock without a warrant or probable grounds . ”
The MDA has implemented the first two stages of NAIS – property registration and animal identification – for all cattle and sodbuster across the country as part of its mandatory bovine tuberculosis disease restraint programme , which is mandate by a grant from the USDA .
“ While touted as a disease control computer program , the NAIS will motor many belittled farmers out of business ” Meikle noted , “ and burden every soul who own even one sawbuck , chicken , cow , goat , sheep , pig , llama , alpaca , or other farm animal animal with expensive and intrusive government regulation . ”
Joe Golimbieski , a sodbuster from Standish , Michigan and Fund member , explains : “ The price of the tag is just the scratch . We ’re at the mercy of whatever price the stockyards charge to do the tagging . And our farm does n’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 transcend their office and they have whole fail to follow the right procedures . We are foretell on the agencies to immediately halt effectuation of the programme or confront appropriate activity . ”
The Farm - to - Consumer Legal Defense Fund ’s mission is to fend for the freedoms and to broaden the right of sustainable Fannie Merritt Farmer and their consumers to produce and use up local , nourishing - dense foods . The Notice of Intent to Sue the ( USDA ) and ( MDA ) is available atwww.farmtoconsumer.org
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excerpt from the LawsuitThe Notice charge that USDA :
Quote from Legal Defense Fund Chief Executive
“ We also think there are inherent issues at interest here .
“ The requirement to use electronic ear tag or RFID chips dishonor the religious beliefs of some farmers , such as the Amish , and provision 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 visit vehicles carry livestock without a warrant or probable cause . ”
– Taaron Meikle , Fund Chief Executive
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