NoNAIS.org

From Arkansas Animal Producer’s Association:

Searcy county citizens are very concerned about the proposals the united states department of agriculture (usda) has made for the implementation of the national animal identification system (nais). The members of the searcy county liberty caucus have organized to take positive political action on issues which will affect them and their families. One of their first projects is preventing a mandatory nais in arkansas.

On june 7, 2008, at 6:00 pm in leslie (doors open @ 5:00 pm), at the ozark heritage & arts center located at 410 oak street they are jointly sponsoring with the arkansas animal producer’s association (ARAPA) a nais informational meeting so that citizens can understand the nais and take action to prevent a mandatory nais which would seriously affect animal and land ownership and the economy of this state. The meeting will be dedicated to a detailed presentation on the nais by nationally respected speaker and political leader doreen hannes from missouri. R-calf usa president max thornsberry will come from missouri to discuss r-calf efforts to support cattle producers. Max is considered one of the best agriculture speakers in the nation. They will explain the current usda proposals, status of the nais implementation plans, and grass roots actions for stopping a mandatory nais in arkansas and other states. There will be time for questions and discussion of the nais. Representative roy ragland from marshall is sponsoring the animal owner protection act in the next legislative session that will prevent a mandatory nais in arkansas. The animal owner protection act will be presented. Stuff your cars and trucks with friends and attend this important meeting. It will be well worth your time and expense.

General assembly members, candidates for office, and elected officials have been invited to the meeting so they can better understand the nais and work with citizens to prevent a mandatory nais in arkansas. Along with many other counties, the stone county & searcy county quorum court have each passed a resolution against a mandatory nais as has the quorum court of adjoining van buren county. Representative roy ragland from marshall is sponsoring the animal owner protection act in the next legislative session that will prevent a mandatory nais in arkansas.

Visit arkansasanimalproducers.8K.Com to learn about the nais and arapa. Call eugene gorton at 870-269-2572 if you have questions.

From Doreen

After a very protracted and insane battle with the pushers of NAIS, who want no state statute whatsoever regarding NAIS, unless it gives full and complete consent for mandatory, we finally have somewhat constraining statute, via Senate Bill 931, with a veto proof passage of legislation that does not allow the MDA to mandate or otherwise force participation in NAIS. I realize that is huge run on sentence, too!

It is good to have something that constrains it, but the second section is rife with problems, so there will be issues that still need to be addressed. In other words, we have a victory, but don’t think this is totally finished, because no statute, no matter how good, is ever set in stone. I strongly suggest that anyone with a PIN immediately try to be removed. If you need help with the methods, just send me an email and I’ll send you the protocol and particulars to follow to help.

So, my eternal thanks to all of those who struggled with me to get this done. And a huge pat on the back to Senator Purgason, who has taken a tremendous amount of political slapping by striving to get NAIS legislation for two full years. He is a statesman, which is a rare individual these days.

Give yourselves a big ole’ “Congratulations!” and have a great summer!! I will now get my garden in!

God bless,

Doreen Hannes

[Especially Missourians should be sending Senator Purgason a thank you. We all owe him gratitude for his work to protect our rights to farm. You can contact him on his web site. -WJ]

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

The Press Release
Notice of Intent to Sue
Excerpts from the Notice of Intent to Sue

To learn more about NAIS and our lawsuit, attend the teleseminar -

Stop NAIS NOW!
May 28, 2008
8:00 p.m. – 9:30 p.m.
$15/phone line
Click here to learn more.

Hat tip to Sharon.