Browsing Posts tagged livestock producers

ADT ~~ ANIMAL DISEASE TRACEABILITY
On February 5, 2010, USDA Sec. of Agriculture Tom Vilsack announced that the opposition was so great, the ill-fated NAIS brain child of the US government was now ended.  The cost, complications, record keeping time, and potential enforcement fines made the whole thing stink to ranchers of the USA.  In listening sessions held to “hear the voice of the people” it had unearthed over 90% opposition to NAIS from cattle people.
For a period of time February, ranchers relaxed.  Many were still skeptical, and rightfully so.
The battle was extremely lopsided. USDA had millions of dollars of taxpayer money — over $140 million to be precise — to develop and promote NAIS and to persuade state departments of agriculture and cattle industry trade associations to recruit as many independent cattle producers as possible into the unwanted NAIS program.
To not labor-on with this continuing burden of government versus people, NAIS is back, now called Animal Disease Traceability  (ADT) and with the same diminutive text – government gobbledygook.  With more federal and state veterinarians than any time in history and less livestock disease — those hired to terminate disease, have minimal disease to terminate.  Cattle numbers are reducing and government employees are increasing.
The other talking point for ADT is US exports.  Well, go jump in the lake!  The USA hasn’t produced enough beef to feed the nation in 40 years and the amount being produced is declining.  Yet, as the USA imported 16% of their beef last year, ADT, somehow needs to become mandatory to increase exports.  It doesn’t take a Bernie Madoff to find a chuckle in that concept.
Today the same names and faces are still employed by USDA to hammer mandatory ADT that tried to toilet-plunge NAIS down the throat of livestock owners.  Who is at the head, promoting animal electronic numbering, and has been for over a dozen years, but Neil Hammerschmidt himself. His crew of government job creators are mostly the same as the NAIS crew of the past 10 years. Veterinarian associations are promoting ADT because they know it will create “paper” jobs for veterinarians.
To inform one and all, the USDA has created 29 small print pages in the Federal Register interpreting the warmed-over ADT.  It has the government style verbiage designed to bore the attempted reader to tears with the large print “giving” and the small “print taking away,” but in reality there is no large print.
It indicates that each state has some right to fine tune their own rules, but now, as we understand how Hammerschmidt works, they historically have given federal grants to each state paying them not to cut the livestock producers any slack.  One by one the federales will buy-off states to the point each one is slapped into submission.  That is the modern way politicians get the taxes they want — divide and conquer.
The new program ends the authority of the hot iron brand, respected as the only historic prevention of cattle rustling.  ADT erroneously thinks removable ear pins and tags will replace brands, and bet the kitchen sink, every good cattle rustler is loving that idea.
Once again your tax dollars are working to employ fingers and eyes behind computer screens to think up enforcements for a world they have never lived or even walked through.  The suits and white shirts walk the marble halls of government full of ideas unprovable, unaffordable and appalling to real world livestock people!
So read it if you can stand the extension of meaningless wordy words at http://www.aphis.usda.gov/traceability/downloads/2011/Proposed%20Rule.pdf

When you are tiring of holding your nose you may submit comments to

Federal eRulemaking Portal: Go tohttp://www.regulations.gov/#!documentDetail;D=APHIS-2009-0091-0001.

Or write APHIS–2009–0091, Regulatory Analysis and Development, PPD, APHIS, Station 3A–03.8, 4700 River Road Unit 118, Riverdale, MD 20737–1238.

The deadline for comment is December 9.

In Zanesville, Ohio, Sec. Vilsack held a political meeting and allowed questions.  He was asked, “With over 90% of livestock producers opposed to NAIS in the listening sessions, how large would the percentage have to be to abandon the whole thing?”  Answer political mumble, mumble………    Could it be 95% for ADT?  Send in your opposition today and encourage others to quickly comment.  Thanks for helping protect the US cattle producer from useless enforcements.

Small farmers and urban poultry owners alike are threatened by the USDA’s new proposal for animal identification. The agency has proposed a rule that imposes costs and paperwork burdens on farmers, ranchers, backyard poultry owners, sale barns, vets, and state agencies in order to track animals that cross state lines.
The proposed rule is a solution in search of a problem. The USDA has failed to identify the specific problem or disease of concern, and the real focus of the program is helping the export market for the benefit of a handful of large corporations. The agency has also failed to account for the full cost to both private individuals and state governments, creating an unfunded mandate. The new rule will harm rural businesses while wasting taxpayer dollars that could be better spent on the real problems we face in controlling animal disease, food security, and food safety.
Family farmers and ranchers cannot afford additional paperwork and unnecessary expenses. Please help protect our farms and our right to own animals by submitting your comments today!
TAKE ACTION: You can submit comments either online or by mail.
The government’s online system can be difficult to navigate and there is a time limit. We encourage you to write your comments and save them in a document on your computer, then copy and paste them into the online comment form. Also, although only some of the information fields are marked as being “required,” some people have experienced problems when they left fields blank. So for the fields that are not required, you may wish to put “NA” (not applicable) in them to avoid potential problems.
BY MAIL: Docket No.APHIS–2009–0091, Regulatory Analysis and Development, PPD, APHIS, Station 3A–03.8, 4700 River Road Unit 118, Riverdale, MD 20737–1238
DEADLINE: Friday, December 9, 2011.
Please also send a copy of your comments to your Congressman and Senators. If you don’t know who represents you, you can find out at www.house.gov and www.senate.gov
Here are talking points you can use for your comments, followed by sample comments and more detailed information.
TALKING POINTS:
1) The agency should withdraw the proposed rule. If the export market would benefit from the proposed rule, as the agency claims, then the agribusinesses that export meat should pay the costs and offer economic premiums to livestock producers to encourage them to participate in a voluntary system.
2) The agency needs to identify the specific diseases of concern and analyze how to best address those diseases — including prevention measures — rather than continuing to push a one-size-fits-all tracking program.
3) Significant problems with the proposed regulation include:
  • Imposition of new requirements for identifying chickens and other poultry. Small farmers and backyard poultry owners should not be burdened with identifying and tracking birds, and the agency has not shown any need to impose these new requirements.
  • Applying the new identification requirements to feeder cattle.
  • Applying the requirements to direct-to-slaughter cattle, including both for custom and for retail sales.
  • Not recognizing brands and tattoos as official forms of identification.
SAMPLE COMMENTS: Please personalize these sample comments rather than doing a form letter. The personalization can be just a few sentences at the beginning of the comments, but it does make a significant difference. And if you have time to write more detailed comments, that’s even better!
Dear Secretary Vilsack:
I am a __________________ (farmer, local foods consumer, backyard poultry owner, horse owner, etc.). I am very concerned that the proposed rule will __________ (not be workable for my farm; impose costs on my farmers that will then be passed on to me; make it prohibitively expensive for me to order baby chicks from out-of-state hatcheries; etc.)
I urge the USDA to withdraw the proposed rule. If the export market would benefit from the proposed rule, as the agency claims, then the meat packing companies that export meat should pay the costs and offer economic premiums to livestock producers to encourage them to participate in a voluntary system. For disease control, the agency needs to focus on preventative measures rather than after-the-fact tracking.
There are significant problems with the proposed rule:
  • The imposition of new requirements for identifying chickens and other poultry. Small farmers and backyard poultry owners should not be burdened with identifying and tracking birds, and the agency has not shown any need to impose these new requirements.
  • Applying the new identification requirements to feeder cattle.
  • Applying the requirements to direct-to-slaughter cattle, both for custom and for retail sales.
  • Not recognizing brands and tattoos as official forms of identification.
Sincerely,
Name
Address
City, State Zip
MORE INFORMATION
The program is fundamentally flawed because it is not designed to address the real problems we face, and it imposes burdens on producers for the benefit of Big Agribusiness’ export markets.
We have asked USDA for data showing where the problems are in tracking animals currently. Rather than provide that data, USDA hand-picked a few anecdotes, out of the millions of animals in this country. But the agency’s unsupported claims do not justify imposing broad new tracking requirements. Small farms are not the source of most disease problems in this country, yet the proposed rule will burden them unfairly.
POULTRY: Small-scale, pastured, and backyard poultry will be particularly hard hit by the proposed rule. While the large confinement operations will be able to use “group identification,” the definition of the term does not cover most independent operations. Since thousands of people order baby chicks from hatcheries in other states, these birds cross state lines the first day of their lives. Even if the farmer or backyard owner never takes the bird across state lines again, they will have to use individually sealed and numbered leg bands on each chicken, turkey, goose, or duck to comply with the language of the proposed rule.
Even if the definition of “group identification” were changed to cover small operations, the result would be new paperwork requirements on almost every person who owns chickens, turkeys, or other poultry. The agency has entirely failed to justify imposing these burdens on poultry owners.
CATTLE: Along with new identification requirements imposed on all breeding-age cattle, the proposed rule would require identification and paperwork on calves and young cattle (“feeder cattle”), even though there’s no evidence that such requirements will help disease control. In addition, veterinarians and sale barns will have to keep records for 5 years, even though many of these cattle will have been consumed years earlier, creating mountains of useless paperwork.
Producers will only be able to use brands or tattoos as identification if their States enter into special agreements. State agencies will have to build extensive database systems to handle all of the data, creating problems for States’ budgets.
HORSES: The proposed rule also requires that horse owners identify their animals before crossing state lines. Although most, if not all, horses that are shipped across state lines are already identified in some fashion, the proposed rule creates a new complication: Whether or not a physical description is sufficient identification will be determined by the health officials in the receiving state, leaving vets and horse owners struggling with significant uncertainty as they have to anticipate what will be allowed.
SHEEP, GOATS, and HOG: The draft rule also covers sheep, goats, and hogs that cross state lines, essentially federalizing the existing programs which have been adopted state-by-state until now.
FOR MORE INFORMATION, go to www.farmandranchfreedom.org/Animal-ID-2011

PMB #106-380 4200 Wisconsin Avenue, NW – Washington, DC 20016 US

R-CALF United Stockgrowers of America

“Fighting for the U.S. Cattle Producer”

For Immediate Release Contact: R-CALF USA CEO Bill Bullard

August 9, 2011 Phone: 406-252-2516; r-calfusa@r-calfusa.com

USDA Spurns U.S. Cattle Industry: Issues Overreaching, Intrusive Mandatory Animal Identification Rule

Billings, Mont. — In direct defiance of fundamental recommendations to preserve branding as a means of official animal identification and to not include cattle less than 18 months of age in any national animal identification system made by R-CALF USA and several other U.S. livestock groups, the U.S. Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) today released an early version of its proposed rule to implement a national animal identification system titled “Traceability for Livestock Moving Interstate” (proposed rule).

The proposed rule would remove the hot-iron brand from among the list of official identification devices that cattle producers could choose to comply with the new federal mandate. It also encompasses cattle less than 18 months of age that would be triggered at USDA’s discretion one-year after USDA determines that older-aged cattle are substantially identified.

“The proposed rule, expected to be published in tomorrow’s Federal Register, not only spurns the U.S. livestock industries key recommendations regarding the hot-iron brand and younger cattle, but also, it snubs the critical recommendation by Agriculture Secretary Tom Vilsack’s own Advisory Committee on Animal Health, which urged the Secretary to provide at least a 120-day public comment period for the proposed rule. Instead, Vilsack is only providing a 90-day public comment period,” said R-CALF USA CEO Bill Bullard.

Bullard said the 90-day comment period will run at a time when tens of thousands of livestock producers are battling perhaps the nation’s most widespread and devastating drought and coincides with the cattle industry’s busy calf-weaning and calf-shipping season.

According to Bullard, USDA’s rejection of its own advisory committee’s recommendation to give producers more time to respond to the 114-page proposed rule suggests it already has decided to force this unacceptable mandate on U.S. livestock producers.

“USDA is running roughshod over the U.S. livestock industry with its bureaucratic ‘we know better than the entire industry’ attitude,” said Bullard adding, “USDA officials have deceived livestock producers by pretending to seriously consider producer recommendations and then springing these unworkable and unacceptable mandates on us in its proposed rule.”

“It’s obvious that USDA did not listen to the multitude of U.S. livestock producers who participated in the agency’s nationwide NAIS (National Animal Identification System) listening sessions in 2009 and overwhelmingly opposed USDA’s efforts to force individual identification on younger cattle and any mandate that would limit a producer’s choice regarding how they identify their livestock,” said R-CALF USA President George Chambers.

Chambers said his group will be calling for new listening sessions to help USDA recall the serious concerns producers raised earlier but have since been either forgotten or ignored.

Chambers said the proposed rule severely restricts producer choices because it removes completely the option for a producer to unilaterally choose to continue using the hot-iron brand when shipping cattle across state lines.

“Under the proposed rule, individual producers cannot choose on their own to continue using the hot-iron brand to identify their cattle. Nor can an individual state on its own choose to identify the cattle leaving their state with a hot-iron brand. Only if two state governments mutually agree to use the now delisted hot-iron brand will that option be available to either U.S. cattle producers or individual states,” Chambers said.

He continued to explain, “USDA did not have to attack our industry’s hot-iron brand or add younger cattle to the proposed rule in order to improve animal disease traceability in the United States, but we believe it has chosen to do so to appease the World Trade Organization and other international tribunals.”

Chambers also explained that the proposed rule itself provides absolute proof that the hot-iron brand remains an effective means of identifying animals in interstate commerce:

The proposed rule expressly allows producers to use hot-iron brands on their horses when shipping across state lines. This provision completely obliterates USDA’s feeble argument that it cannot require the 36 non-brand program states to accept a registered brand originating in the 14 brand program states as an official identification device — that’s precisely what USDA is doing with horses. It’s clear USDA is misleading us to achieve some ulterior motive.

“This proposed rule reduces flexibility and reduces producer choices and we are urging U.S. livestock producers to aggressively oppose the proposed rule,” Chambers concluded.

The public can submit comments on the proposed rule by either of the following methods:

– Federal eRulemaking Portal: Go to

http://www.regulations.gov/#!documentDetail;D=APHIS-2009-0091-0001.

– Postal Mail/Commercial Delivery: Send your comment to Docket No. APHIS-2009-

0091, Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700 River

Road Unit 118, Riverdale, MD 20737-1238.

# # #

R-CALF USA (Ranchers-Cattlemen Action Legal Fund, United Stockgrowers of America) is a national, nonprofit organization dedicated to ensuring the continued profitability and viability of the U.S. cattle industry. R-CALF USA represents thousands of U.S. cattle producers on trade and marketing issues. Members are located across 46 states and are primarily cow/calf operators, cattle backgrounders, and/or feedlot owners. For more information, visit www.r-calfusa.com or, call 406-252-2516.

Note: The Proposed Rule can be viewed at http://r-calfusa.com/animal%20id/110809USDAProposedRule.pdf

Note: To remove yourself from this list, reply to this e-mail and include the word “unsubscribe” in the subject line.

 

Letter to the Editor

The National Animal Identification System (NAIS) started a no-win war for the USDA. On February 5, 2010, Secretary of Agriculture Tom Vilsack announced that NAIS was flawed and would be terminated, never to return. Now, and even when it was announced as dead, a new-name, Animal Disease Traceability Program is full throttle. ADT is a clone sister to NAIS!

Dislike for the old NAIS program has multiplied daily by clans of all flavors.

It is easy to quote the bad results of the National Livestock Identification System (NLIS) of Australia, the total costs on livestock producers, enforcement fees, and serious concerns about individual property rights.

As USDA marches stone-faced onward for 100% compliance on the repackaged, ADT, livestock producers strapped for cash fear the worst.

A prime selling point by USDA is the importance to move fast in case of an outbreak of some new foreign or unknown livestock disease. At first blush it sounds compassionate, until facts reveal that the industry already has a major epidemic on US dairy farms, and the USDA has proven for years to have little concern to stop it. Is there a tunip truck-load of hypocrisy showing between the lines?

The Disease USDA Refuses to Trace.

In 2004 the USDA estimated the Johne’s infection rate to be at 20%. Today, reliable estimates reveal over 60% of the nation’s dairy herds are comingled with Johne’s positive cows, a 300% increase in only four years, but the USDA doesn’t feel this is a problem. The USDA appears comfortable with this major epidemic, and has no plan for acceleration about the problem. The USDA estimates an annual financial loss as a result of Johne’s in dairy herds to be $200,000,000. For one year the Johne’s loss is nearly as much as USDA has invested in grants promoting NAIS. This annual loss is more than 1000% over the eradication costs of the US Avian Influenza fiasco, a statistic USDA tossed out to tout the serious need of an NAIS mandatory system.

USDA is not totally avoiding Johne’s. A token budget is allocated for research, public awareness and press releases on how to manage a dairy with Johne’s. The amount of that budget was reduced in the recent Farm Bill — now it is just peanuts!

If the USDA is concerned about (any) disease, why aren’t they shaking their fist at Johne’s? Sometimes USDA pays less attention to animal diseases that do not effect human health. Perhaps that is not so — reliable information connects Johne’s with the human disease, Crohn’s. Crohn’s Disease, virtually unheard of a few years ago, is on the rise. Today, up to two million US citizens are infected. Crohn’s Disease can be diagnosed in children, who will suffer a life of pain. The stark similarities of each disease causes knowledgeable scientist to be certain that once bovine Johne’s is eliminated, the same process can be effective to solve the human coequal.

How to Spot a Problem?

The signs of Johne’s Disease in cattle are closely related to Crohn’s Disease in humans:

  • Frequent diarrhea
  • Cramps and pains in stomach
  • Feces blood
  • No stamina
  • Internal bleeding
  • No appetite, fever
  • Intestine Obstructions
  • Internal pain and abscesses

There is no known cure for Johne’s or Crohn’s. Some medical assistance is available for people.

Johne’s signs of death in cattle is a slow withering away of all body condition in the final stages.

Where does Johne’s Come From?

Johne’s is contracted by ingesting feces from infected animals. Animals who are raised on clean grass pastures seldom get infected. Dairy herds are often contained with beef cattle herds to provide a more diverse farm income. Many beef herds with Johne’s have traced their infected stock back to dairy raised purchases. Today Johne’s is found in beef herds, yet with much lower percentages than dairies. It is rapidly consuming highly productive dairy cows.

If the USDA and corporate proponents of the old NAIS felt disease was important, they’d at least exhibit a good faith effort about Johne’s. The most costly disease of our generation has the USDA urgency of watching paint dry. USDA’s rubber neck avoidance of Johne’s shows one of the most shameful milk-toast approaches to disease eradication in USDA history.

What is the answer?

Like other diseases, only two things are needed to permanently deal with Johne’s, one fool-proof vaccination and one fool-proof negative/positive test method. At this time neither appear to be a consideration much less a priority to USDA. USDA is totally consumed in promoting NAIS, or now ADT.

Tracing Infected Herds?

Is locating infected herds a problem with Johne’s? If it was announced that a vaccine and a valid test method has been developed, cattle owners would stampede to use it. USDA will not have any problem locating herds. The owners of infected cattle are always the first to be concerned and promptly deal with health issues. If USDA does their job, the concern of premises location is a mute point, and always has been.

As long as USDA procrastinates on a good-faith attempt to deal with Johne’s disease, anything they say about their “come hell or high water” new ADT enforcement is totally and completely bogus! It will be impossible to convince livestock producers that the new ADT enforcement will do a “gnats bristle” of good to eliminate disease when Johne’s is not considered a priority USDA issue.

Until USDA can get their priorities straight, producers should not believe USDA will do better tracing disease with the quackery of a costly ADT enforcement.

More info: www.naisinfocentral.net, www.naisSTINKS.com, www.libertyark.net, and www.FarmAndRanchFreedom.org.

Quotes and data provided by USDA, Gary McEntyre DVM, NAFAW, Countryside, Peggy Steward, Dr. Max Thornsberry, Brad Headtel, Jerri, Darol Dickinson, and Jim Silwa. Thank you for contributing.

The Last Frontier II

By Vaughn Meyer – Nov 5, 2010

Throughout history “The Last Frontier” has been associated with the settling of the West during the 19th century. As children this time frame of history was narrated through history books and multi generation family recollections. Probably some of the most vivid attributes to this period were the Louisiana Purchase, the Lewis and Clark Expedition, the Indian – Whiteman wars, the large cattle barons, huge cattle drives and our very own roughrider president, Teddy Roosevelt.

Near the end of the 1800s we witnessed a new policy of Homesteading which introduced the concept of family production agriculture. This introduction of family ownership and management of agriculture created more incentive for individual achievement and our industry flourished. As agriculture grew it stimulated creativity on the national level which economically and industrially established the U.S. as a world leader.

However as the number of family farms and livestock numbers increased and competition for our product decreased, Congress realizing the need for competition and fair markets for our livestock drafted the Packers and Stockyards Act of 1921. As the 20th century drew to a close it became apparent to livestock producers that without tools for the enforcement of the P&S Act we still remained at the mercy of the anti competitive practices of the packers.

However during the 2008 Farm Bill debate our Congressional leaders also became aware of the need for rules to enforce competition in the market place and the need to restore fairness within our industry. They commanded the USDA Grain Inspection, Packers and Stockyards Administration (GIPSA) under the leadership of GIPSA Administrator Mr. J Dudley Butler to draft rules to enforce the P&S Act. Nearly two years later Mr. Butler and his staff have addressed the congressional mandate and proposed new rules known as the GIPSA Rules.

As with all new game rules which are directed at leveling the playing field the opponents are those who possessed an unchecked advantage over other key players. In this case the packing industry, through its affiliated voices of the National Cattlemen’s Beef Association (NCBA) and the American Meat Institute (AMI), has realized a 90 year old reign over the production side of our industry. They are squealing louder than stuck hogs and labeling Administrator Butler and his GIPSA rules as the destruction of the industry.

In a recent attempt to degrade Mr. Butler’s motives they portray him as a litigation happy trial lawyer who is attempting to drum up business for his post GIPSA years. Mr. Butler and his boss, Secretary of Agriculture Tom Vilsack, have been accused of being indifferent for not considering the request by House Agriculture Committee Chairman Collin Peterson and 114 other congressmen to delay the GIPSA rule with another economic analysis study. They also connect him to a few so called “other liberal – leaning cattle organizations”.

What critics of Administrator Butler fail to mention is that similar to the other 955,000 livestock producers Mr. J. Dudley Butler is a producer from Mississippi and a former ranch partner from Wyoming. As a fellow producer from S.D. maybe we should look at the producer side of this GIPSA Administrator like:

MAYBE… Mr. J Dudley Butler possesses compassion for his fellow livestock producers as he has witnessed the individual sorrow and defeat of the 370,000 producers and their spouses and children as they lost their livelihoods!

MAYBE… J Dudley Butler has witnessed the hunger and suffering of children in other countries who have insufficient production agriculture!

MAYBE… J Dudley Butler has experienced first hand the destruction of family enterprise hog and poultry farming and wishes to prevent the same coercion and threats from raping the cattle industry!

MAYBE… Mr. J Dudley Butler foresees the 20% drop in producer carcass share over the past 20 years is correlated to the smallest U.S. cow herd since 1952 which will have a profound effect on the future safety and procurement of our nation’s food supply!

MAYBE… Mr. J Dudley Butler noticed that Senate Ag Chairman Collin Peterson and his 114 colleges were the recipients of over $48.6 million of Agri Pac campaign contributions!

MAYBE… Mr. J Dudley Butler has observed the past 90 years of unchecked pilfering of our industry by the packing industry and affiliates and he realizes a change to honest moral values is necessary for the survival of agriculture!

JUST MAYBE… Mr. J Dudley Butler notices the similarities of the “Last Frontier” of the 1800’s and the “Last Frontier” of the present beef industry which ironically is precipitated by the same packing industry. Possible he also recognizes that a United States without a viable livestock industry to spur prosperity in our cities may well become the “Last Frontier” of the world!

In summary, Mr. Paul Engler of Cactus Feeders testified in Ft. Collins that as a child he bought his first calves to feed and today he feeds millions annually. Just maybe Mr. J Dudley Butler, Agriculture Secretary Tom Vilsack, and US Attorney General Eric Holder realize that that would not be possible in today’s broken market system. Just maybe they and hundreds of thousands of fellow producers are attempting to salvage a market system that will provide similar opportunities for future generations!

As livestock producers we can restore U.S. family agriculture and rebuild our rural communities through comments of support for the GIPSA rule at comments.gipsa@usda.gov

Or Fax to 202-690-2173, or at the Federal e-rulemaking portal http://www.regulations.gov

Thank you.

Vaughn Meyer, a concerned livestock producer

Reva, SD

Note: Facts, the application for the grant money to operate the program requires that Wisconsin abide by the terms set forth under the Federal Register. In which the participation must be voluntary and a producer can op-out. The state has breached their contract and are subject to Federal Administrative Relief which may result in repayment of all grant moneys. The USDA also failed to provide warning to the state that it may be sued, under requirements of Article 1 Sec.8 Clause 1 regarding grants under the authority of the General Welfare Clause. See annotated Supreme Court rulings for details.

Paul M. Griepentrog

A decision has finally been made in the highly anticipated case in which the State of Wisconsin was trying to sue an Amish man for not following Wisconsin’s Livestock Premise Registration law. On Tuesday, Clark County Circuit Court Judge Jon Counsell ruled that Emanuel Miller Jr. of Loyal, Wisconsin does have a ‘religious right’ to be exempt from the law, which requires anyone who keeps, houses, or co-mingles livestock to register their premises with the state.

It was noted during court proceedings that the Amish do provide their names and addresses when they buy and sell livestock, and the judge said that doing so should be enough for the state to track down an animal in the event of a disease.

Prosecutors also cited a recent pseudorabies case in Clark County as an example of why the premises law is needed. But Judge Counsell said the state failed to show why alternatives, that would not affect Miller’s religious freedom, would not be just as effective.

The Amish believe the requirement infringes on their religious believes because it could eventually result in the tagging of all animals, or the ‘Mark of the Beast.’ But prosecutors felt with mandatory premise ID, the process of tracking down potentially at-risk farms would be much easier if there were an animal disease. The issue of “government ease” fell short in court to the issue of “religious rights.”

Meanwhile, Paul McGraw, the assistant state veterinarian with the Wisconsin Department of Agriculture’s animal health division says he expects the state to appeal the ruling. A case of this nature regarding a state case, is normally a wearing down of the accused, which judges also tire of.

The NAIS, requiring premises registration, was a program instigated by the USDA. Every state was offered “grant” funds as an incentive to enforce a full mandatory NAIS with arrests and fines for noncompliance. The Wisconsin Department of Agriculture, Trade and Consumer Protection has received over twelve million dollars to tighten the screws on all Wisconsin livestock producers. Their enforcements are the most ruthless of any state with many other pending cases. Their grant moneys are also the largest considering the number of livestock producers in the state.

Wisconsin has been used by USDA as an example of strict enforcements for the nation. Additionally increasing the weakened position of Wisconsin, national resistance to NAIS caused Sec. Vilsack on Feb. 5, to announce the NAIS program was discontinued. Without the backing of federal policy, judicial decisions by Wisconsin are predicted to be very problematic for the state. The Miller case is the first court decision since USDA withdrew the program.

On Feb 5 Vilsack stated that one of the reasons for terminating the NAIS program was that, “USDA had gotten a failing grade on NAIS” and that, “Terminating the program would help overcome some of the mistrust caused by NAIS.” It appears Dr. McGraw still has not arrived to where Sec. Vilsack is, serious work on the Wisconsin “mistrust” issue.

The case at one time was referred to as the state’s first such NAIS prosecution, until a Polk County judge ruled in October that Patrick Monchilovich of Cumberland violated the four-year-old rule after he refused to register his premises. He was ordered to pay a civil forfeiture and court costs. (This was before the USDA Feb. 5 announcement.)

McGraw and Wisconsin have been tossed under the bus by USDA and now Clark County Circuit Court Judge Jon Counsell just tossed them under a convoy of galloping Amish steel-wheeled buggies.

<blockquote>Note: Facts, the application for the grant money to operate the program requires that Wisconsin abide by the terms set forth under the Federal Register. In which the participation must be voluntary and a producer can op-out. The state has breached their contract and are subject to Federal Administrative Relief which may result in repayment of all grant moneys. The USDA also failed to provide warning to the state that it may be sued, under requirements of Article 1 Sec.8 Clause 1 regarding grants under the authority of the General Welfare Clause. See annotated Supreme Court rulings for details.

Paul M. Griepentrog</blockquote>
<img src=”http://www.amishinternet.com/images/buggy_sign_250.jpg” alt=”” hspace=”5″ vspace=”5″ width=”250″ height=”188″ />A decision has finally been made in the highly anticipated case in which the State of Wisconsin was trying to sue an Amish man for not following Wisconsin’s Livestock Premise Registration law. On Tuesday, Clark County Circuit Court Judge Jon Counsell ruled that Emanuel Miller Jr. of Loyal, Wisconsin does have a ‘religious right’ to be exempt from the law, which requires anyone who keeps, houses, or co-mingles livestock to register their premises with the state.

It was noted during court proceedings that the Amish do provide their names and addresses when they buy and sell livestock, and the judge said that doing so should be enough for the state to track down an animal in the event of a disease.

Prosecutors also cited a recent pseudorabies case in Clark County as an example of why the premises law is needed. But Judge Counsell said the state failed to show why alternatives, that would not affect Miller’s religious freedom, would not be just as effective.

<img src=”http://www.amishinternet.com/images/amish654_250.jpg” alt=”” hspace=”5″ vspace=”5″ width=”250″ height=”260″ />The Amish believe the requirement infringes on their religious believes because it could eventually result in the tagging of all animals, or the ‘Mark of the Beast.’ But prosecutors felt with mandatory premise ID, the process of tracking down potentially at-risk farms would be much easier if there were an animal disease. The issue of “government ease” fell short in court to the issue of “religious rights.”

Meanwhile, Paul McGraw, the assistant state veterinarian with the Wisconsin Department of Agriculture’s animal health division says he expects the state to appeal the ruling. A case of this nature regarding a state case, is normally a wearing down of the accused, which judges also tire of.

The NAIS, requiring premises registration, was a program instigated by the USDA. Every state was offered “grant” funds as an incentive to enforce a full mandatory NAIS with arrests and fines for noncompliance. The Wisconsin Department of Agriculture, Trade and Consumer Protection has received over twelve million dollars to tighten the screws on all Wisconsin livestock producers. Their enforcements are the most ruthless of any state with many other pending cases. Their grant moneys are also the largest considering the number of livestock producers in the state.

Wisconsin has been used by USDA as an example of strict enforcements for the nation. Additionally increasing the weakened position of Wisconsin, national resistance to NAIS caused Sec. Vilsack on Feb. 5, to announce the NAIS program was discontinued. Without the backing of federal policy, judicial decisions by Wisconsin are predicted to be very problematic for the state. The Miller case is the first court decision since USDA withdrew the program.

On Feb 5 Vilsack stated that one of the reasons for terminating the NAIS program was that, “USDA had gotten a failing grade on NAIS” and that, “Terminating the program would help overcome some of the mistrust caused by NAIS.” It appears Dr. McGraw still has not arrived to where Sec. Vilsack is, serious work on the Wisconsin “mistrust” issue.

The case at one time was referred to as the state’s first such NAIS prosecution, until a Polk County judge ruled in October that Patrick Monchilovich of Cumberland violated the four-year-old rule after he refused to register his premises. He was ordered to pay a civil forfeiture and court costs. (This was before the USDA Feb. 5 announcement.)

McGraw and Wisconsin have been tossed under the bus by USDA and now Clark County Circuit Court Judge Jon Counsell just tossed them under a convoy of galloping Amish steel-wheeled buggies.

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