Just in from Mary Zanoni:
Today the Senate Agriculture, Nutrition and Forestry Committee released its preliminary drafts of the Chairman’s mark for all titles of the Senate’s 2007 Farm Bill; the Committee markup of the bill is set for tomorrow, October 24, 2007, at 9:30 A.M.
The draft of the livestock title contains a FOIA [Freedom Of Information Act - See this.] exemption for information in the National Animal Identification System (NAIS). (A copy of the livestock title of the draft Chairman’s mark from the Senate Agriculture Committee’s website is attached; the FOIA exemption appears on pages 40 through 43 of the draft.) This proposed exemption flies in the face of all reasonable standards of open access to government. Since 2005, the Animal and Plant Health Inspection Service of the USDA has been collecting what the USDA itself calls “phone book” information on farms and other premises that hold livestock in the United States. USDA/APHIS is presently maintaining this information in a database called the National Premises Information Repository in Fort Collins, Colorado. For each livestock location, the information consists of nothing more than basic contact information, i.e., the name of a contact person, an address, a telephone number, and in some cases an email address, and the species of livestock kept at that location.
Yet at the behest of industrial farming interests, the Senate Agriculture Committee sees fit to propose that this “phone book” information should receive a new exemption from the Freedom of Information Act. Even more alarming, the proposed exemption purports to override all state freedom of information laws that might pertain to similar records.
This proposed FOIA exemption for the commonplace contact information of livestock facilities flies in the face of the pending FOIA amendments of S. 849; those pending FOIA amendments would, inter alia, require that any legislation containing FOIA exemptions must specifically state that it contains an exemption to the disclosure normally required under the Freedom of Information Act. Yet the livestock title of the Senate Farm Bill sets forth what is in fact an unprecedented and unwarranted exemption to FOIA disclosure without once mentioning FOIA — in other words, if S. 849 were already law, it would prohibit exactly the type of under-the-radar FOIA exemption being proposed in the Senate Farm Bill livestock title. This is the more distressing for freedom-of-information advocates in that Senator Leahy, the main sponsor of S. 849, is also a member of the Senate Agriculture Committee
All friends of open government should protest the inclusion of Sec. 10305, “Protection of Information in the Animal Identification System,” in the draft Senate farm bill and should demand that this provision be abandoned.
(The pertinent section of the draft bill is set forth below in its entirety.)
Mary-Louise Zanoni
Attorney-at-Law
P.O. Box 501
5862 U.S. Highway
11 Canton
New York 13617
315-386-3199
Sec. 10305. Protection of Information in the Animal Identification System.
The Animal Health Protection Act (7 U.S.C. 8301 et seq.) is amended –
(1) by redesignating sections 10416 through 10418 as sections 10417 through 10419, respectively; and (2) by inserting after section 10415 the following:
“Sec. 10416. Disclosure of Information Under a National Animal Identification System.
“(a) Definition of National Animal Identification System. — In this section, the term ‘national animal identification system’ means a system for identifying or tracing animals that is established by the Secretary.
“(b) Protection from Disclosure. –
“(1) In general.–Information obtained through a national animal identification system shall not be disclosed except as provided in this section.
“(2) Use. — Use of information described in paragraph (1) by any individual or entity except as otherwise provided in this section shall be considered a violation of this Act.
“(3) Waiver of Privilege of Protection. — The provision of information to a national animal identification system under this section or the disclosure of information pursuant to this section shall not constitute a waiver of any applicable privilege or protection under Federal law, including protection of trade secrets.
“(c) Limited Release of Information. — The Secretary may disclose information obtained through a national animal identification system if –
“(1) the Secretary determines that livestock may be threatened by a disease or pest;
“(2) the release of the information is related to an action the Secretary may take under this subtitle; and
“(3) the Secretary determines that the disclosure of the information to a government entity or person is necessary to assist the Secretary in carrying out this subtitle or a national animal identification system.
“(d) Required Disclosure of Information. — The Secretary shall disclose information obtained through a national animal identification system regarding particular animals to –
“(1) the person that owns or controls the animals, if the person requests the information in writing;
“(2) the State Department of Agriculture for the purpose of the protection of animal health;
“(3) the Attorney General for the purpose of law enforcement;
“(4) the Secretary of Homeland Security for the purpose of homeland security;
“(5) the Secretary of Health and Human Services for the purpose of protecting public health;
“(6) an entity pursuant to an order of a court of competent jurisdiction; and
“(7) the government of a foreign country if disclosure of the information is necessary to trace animals that pose a disease or pest threat to livestock or a danger to human health, as determined by the Secretary.
“(e) Disclosure under State or Local Law. — Any information relating to animal identification that a State or local government obtains from the Secretary shall not be made available by the State or local government pursuant to any State or local law requiring disclosure of information or records to the public.
“(f) Reporting requirement. — To disclose information under this section, the Secretary shall –
“(1) certify that the disclosure was necessary under this section; and
“(2) submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a copy of the certification.”.
My fax to the Ag committee that is going out right now.
To: Members of the Senate Agriculture Committee
Re: Farm Bill, NAIS and FOIA Exemption
Dear Senators,
As you take up the Farm Bill today it is imperative that you understand these things in regard to the National Animal Identification System (NAIS). This country was founded upon agrarian principles for the people and by the people but not for the corporations. At every turn agribusiness gets your ear and decisions made for their benefit. Your oaths of office make no mention of corporate entities. In this day of partisan politics isn’t time to remember the Constitution and We, the people?
NAIS is dangerously threatening small business, small farms, private farmers, homesteaders and people who own animals for pleasure just so a few corporations can pursue global markets. Those global markets have nothing to do with our backyard animals. NAIS, in spite of the spin from USDA, will not ever be able to track disease. What it will do is open the killing fields to eradication of small/private farmers, etc.
NAIS, and any other similar systems under other names, needs to be defunded, have a moratorium placed on it until such time as USDA can prove that they have authority under the Animal Health Protection Act (AHPA) to mandate compliance – voluntary or otherwise. AHPA does not grant authority to USDA for NAIS. That is a fact.
I want section 10305 taken out of the Farm Bill. I do not want NAIS included in the Farm Bill in any manner at all. While we appreciate Senator Harkin trying to protect people’s privacy, the provision does more harm than good.
Further, I request that USDA be audited by GAO for their failure to fully inform people to the ramifications of NAIS. People all over the country have been rolled into NAIS through other existing programs without being told the ramifications of receiving a premises registration number. The 4-H and FFA were given generous grant monies to make the children sign their parent’s properties up. Do children own the land? It is unconscionable and reminds me of some things that went on under Hitler’s era.
In conclusion, should the Farm Bill contain any remnants of NAIS at all under any name, in any form, with any funding, or any head nods to USDA, the message will be clean; the Congress of the United States has forsaken their oaths and the people of this country.
Comment Henwhisperer — October 24, 2007 @ 7:02 am
The ‘Henwhisperer’ has the right idea, I think a copy of her(or his?) letter should be published in every newspaper in the USA! These people seem to think that they are the only ones that count!?! What a bunch of horse ‘hockie’! Money does NOT make the world go ’round! WE THE PEOPLE do! and if they think we are going to lay down and be rolled over they have another think coming! …Sara, WA
Comment Sara Renfroe, WA — October 24, 2007 @ 12:13 pm
Sara, use the letter to your advantage. Send it around to any and all media. I’d love for you to use it and call it your own.
In fact, anyone who wants to can use it, add to it, whatever.
Sharon
Comment Henwhisperer — October 24, 2007 @ 3:59 pm
I listened a bit to the Senate Ag committee meeting yesterday afternoon, about an hour before they called a recess until today at 9 am. Know what irked the crap out of me? They were talking about the Food Stamp program and kept bringing up Mrs. Poor So-an-So from Missouri or Arkansas with her little children as a reason to keep some portion or other part of the program going. Not to say that food stamps are necessary but they don’t talk about individuals to invoke pity and sympathy when it comes to NAIS. It is disingenuous to say the least.
Do listen if you get the chance.
Sharon
Comment Henwhisperer — October 25, 2007 @ 4:16 am
That’s not to say food stamps aren’t necessary in my post above. Too early to be typing. :-)
Comment Henwhisperer — October 25, 2007 @ 4:19 am
Food stamps ? They help some people. Although I much prefer to help people with a “hand up” rather than a perpetual “handout”.
Been a while since my Sunday School days but I seem to remember something about teaching a man to fish rather than giving him a fish etc.
Nevertheless voluntarily supporting your local food bank is a good thing.
I think the kind of “food stamps” we should be criticizing are the kind for profit corporations get - Farm subsidies, Oil etc.
Hate to get all political here (okay I don’t) but I shook the hand of a man running for President the other day who opposes NAIS, opposes waste, opposes stupid wars and wants to expose and cut government corruption.
I checked him out after somebody here tipped me off a few months back…Glad I did.
(hint- he’s from Texas, keeps winning debates and Hannity hates him!)
Been reading Joel Salatin’s book - Everything I Want to Do is Illegal. Good book, he hits the nail on the head.
Comment Bob Constantine — October 25, 2007 @ 7:21 am
Don’t get me going about the food stamp thing! The program is corrupt and rotten through and through.
I once was behind a very well dressed woman in the grocery store check out. The groceries she was putting up made it very obvious that she was having a cocktail party and pigs in a blanket wasn’t one of the snacks.Lots of lobster and shrimp and crab and scallops, imported cheeses and good wine. She proceeded to pay for all but the wine with food stamps. Now I was working a full time job and looked in my cart and I had a package of hamburger marked for quick sale because of the date, some tuna and ordinary american cheese and a few staples. Something just wasn’t right about that. To top it off I smacked with her cart as she adjusted her fur coat.
When I worked for the police dept. I point blank asked the group of town drunks where they got there money for alcohol and cigarettes if they didn’t work? They told me they would get a list of groceries from somebody else buy it with their food stamps and then sell it to that other person for a slightly reduced price. For food they went to the food pantries and stocked up. Don’t need much food when you have beer I guess.
This same bunch of guys would often hit me up for a few bucks saying they were hungry. I’m soft but it didn’t take long for me to catch on. I made a deal with 2 of the local restaurants to feed our local characters a decent meal and I would pay the tab if need be. Only one ever took me up on it after that.
I could tell more stories.
The food stamp business shouldn’t even be tied up in the farm bill. Should be something entirely separate and definitely both made more accountable.
A farm with a six figure profit doesn’t need subsidies. The money is supposed to be for those who need a helping hand getting going or have hit a hard times. Not for the ones who do the best back scratching. Same with welfare and food stamps.
I have to admit I agree with Castro on the comment about what’s wrong with the USA using food for fuel. We’ve got hungry people here. I see them everyday. Instead some Cargill or Monsanto owned farm gets it.
Back to digging taters so I don’t have to depend on anybody.Little sweat and ingenuity goes a long way.
Comment Sue F — October 25, 2007 @ 1:59 pm
Good post, Bob C. I, too, have shaken the hand of the man that we all should pray will be the next president of this country.
Comment Maggie — October 25, 2007 @ 2:59 pm
food stamps,food credit cards=votes. jobs americans wont do,why?. let us (feds) feed ,house,doctor you,dont get a job you might put a illegal alien out of work and they would have to go home,just let us (feds)take care of you,there are only two things you need to do.1 teach your children to be just like you,2 be sure to vote for me.
Comment nick — October 25, 2007 @ 9:23 pm
Am I the only one who sees the similarity to now and the end of the Roman republic? Gladiator games/reality TV
Public granaries/food stamps
George Bush/Caesar?
Every expanding borders/serious world meddling
Hillary Clinton?/Nero?
OK, the last one was a little rough but do we have to keep making the same mistakes 2,000 years running?
Comment Sue F — October 26, 2007 @ 2:23 pm
Bob, you talking about my ex-Congressman Dr. Ron Paul? Good man. He’s got my vote. One of the only presidential candidates who is NOT a member of the CFR(Council on Foriegn Relations).
His nickname is “Dr. No” because he votes “NO” so often. He hates legislation that is anti-Constitutional.
www.ronpaul2008.com
Comment David Hannes — October 26, 2007 @ 9:07 pm
Sue, it’s bread and circuses for the lot of us. We’re like Nero, fiddling while Rome burns.
Comment Doreen — October 27, 2007 @ 5:24 am
David, I am talking about Congressman Paul. On the right side bar of this website his name shows up as one of the “good guys” against NAIS.
I don’t see any of the other candidates names there., they are either big business Repubs, (backing Nais loving corporations) Nanny state Dems’ (”protecting” you from disease)or in some cases both rolled into one! Being against NAIS is reason enough to like RP. Of course after doing the research I found other things to like too.
Sue we are a bit like Rome, but at least Rome’s money system was real gold and silver and not worthless paper.
Okay, I’ll get off the soapbox now.
Has anybody here any experience with keeping hens laying throughout the fall and winter?…mine recently went on strike (shorter daylight? protesting the abduction of their leader Psycho Chicken?, who knows?).
I’m off grid so I was thinking a cheapo solar light shining into their coop might do, but I didn’t want their coop to look like an ahem “Enhanced Interrogation” parlor since until I fix the crack in their window they’re already involuntarily being “water boarded”!
Ask YOUR Presidential candidate where they stand on NAIS…watch the look on their faces, some will have no idea what you’re talking about!
I think that is very telling.
Okay I’m really off the soapbox now.
Comment Bob Constantine — October 27, 2007 @ 8:07 am
The chickens slow down naturally this time of year Bob. I won’t clog up the board with chicken lore. Still got my email someplace? I know I lost yours. This is a totally different computer.
Comment Sue F — November 1, 2007 @ 2:35 am
Bob, the light will help as well as feeding them some alfalfa hay with their normal layer rations. They need 14 hours a day to stimulate keep laying. That said, they also need rest and when they molt they usually stop laying, too. But they shouldn’t be molting now where you live!
On Ron paul, if you love this country, he is the only one you can vote for. All the rest are same ole, same ole, with very little difference between them.
Comment Doreen — November 1, 2007 @ 5:55 am
Here is a suggestion to get a uniform message to all the U.S. Senators immediately, as the Farm Bill will be voted on shortly. Print out the copy of the letter that R-calf sent to Chairman Harkin…and the article that Jim Hightower did; and FAX them to your senators, with a cover letter requesting that section 10305 be taken out of the Farm Bill(re: the FOIA), as it implies approval of USDA’s implementing NAIS; request to defund NAIS; and that you agree with R-calfs’ request to put a moratorium on premises registration and give answers to the many legal questions that need legally correct answers re: NAIS. You do not know if your e-mails get read, or that a phone call is taken seriously; but if all the senators get these same two documents, they will have the same information and message to discuss with each other…and they will see the total picture. Hopefully all will read them. Dr. Thornsberry, DVM of R-calf and his association is known and respected; Jim Hightower is known (former Commissioner of Ag of Texas for 8 years) and respected. Thus, between these two documents, a senator would have a good overview of Nais, and would understand the importance and need of R-calfs’ request. As some of you may know, Dr Zanoni has done a FOIA for the premise registration info from APHIS. (Thank you Mary).The way to get r-calfs’ letter is: www.r-calfusa.com and hit on Animal ID, and that brings you to it. For Hightowers article: www.alternet.org/rights/62858/ Do fax this info and follow-up with a phone call. Thanks to Farm and Ranch Freedom Alliance also, for their action alert and directives re: this matter.To get your senators fax number: go to http://www.senate.gov
Comment The Phantom — November 1, 2007 @ 10:21 am
I just found this so if someone has not seen it, it is at www.libertyark.net and go to the right sidebar to Action Alert, Oct 30, 2007..hit on that…you will find this website mentioned twice on that page: www.libertyark.net/ltr-102407.pdf..hit on it, and read the 4 page document(s) they sent to senators…more good info.
Comment The Phantom — November 1, 2007 @ 3:52 pm