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Bandera County (Texas)
Courier – Thursday – January 15, 2009
Group accuses
USDA of continued illegal NAIS activity
Contributed
In a letter sent
recently today to USDA and Congress, and copied to state veterinarians in all 50
states, the Ranchers-Cattlemen Action Legal Fund, United Stockgrowers of America
(R-CALF USA) alleges illegal activity on the part of personnel with the US
Department of Agriculture (USDA).
On Dec. 22, the USDA issued a memorandum canceling Memorandum 575.19 originally
issued on Sept. 22. The original memorandum would have forced mandatory premises
registration under the National Animal Identification System (NAIS) for
livestock producers who participate in federal disease management programs.
“We are pleased that USDA canceled the September 2008 memo on the basis that the
agency recognized it was improper to establish a standardized premises
identification number as the sole premises identification number under the
agency's proposed NAIS without first conducting a rulemaking, as required by the
Administrative Procedure Act (APA),” said R-CALF USA President and Region VI
Director Max Thornsberry. The Missouri veterinarian also serves as chairman for
the group's animal health committee.
“However, USDA has again violated its own regulations in the December 2008
memorandum by unlawfully mandating the use of a standardized PIN (premises
identification number), which is actually an NAIS PIN, in the administration of
federal disease programs,” Thornsberry continued. “This action is unlawful.
Until and unless the agency issues a rule to require the use of a standardized
NAIS PIN, the agency has no authority to mandate that state animal health
officials comply with the December 2008 memo.”
Thornsberry explained that USDA issued a final rule on July 18, 2007, to allow
the use of a numbering system such as the standardized NAIS PIN to identify
premises where animals are managed or held. However, the agency has not
publicized rules to implement the NAIS. Further, the agency expressly states in
its final rule that use of the new numbering system (standardized, NAIS PIN) is
not required by this final rule.
Referring to the December 2008 memo, he added, “This action effectively converts
USDA’s so-called ‘voluntary’ NAIS program into a scheme that mandates strict
compliance with NAIS.”
In the letter accusing USDA of illegal activity, R-CALF USA officers requested
that the December 2008 memo “...immediately be canceled by the Administration,
either on its own or by congressional action...and that (USDA) be directed to
immediately inform each state animal health official that the agency no longer
is requiring the use of the standardized NAIS PIN as a condition of producer
participation in regulated animal disease programs, or for any other purpose.”
To view or download R-CALF USA’s letter, visit the “Animal Identification” link
at www.r-calfusa.com.
http://www.bccourier.com/Pages/story_ranch.php?recordID=090115FR3
Contents Copyright ©2008 Bandera
County Courier
1210 Hackberry, PO Box 1704, Bandera, Tx
78003
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