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Memo ~~ USDA knows 18% of the beef consumed in the USA was imported
in 2011 because the nation does not produce enough product to feed
it’s people, yet more costly rulemaking is assessed upon producers
by bureaucrats. This document is vague and impossible to determine
the teeth, however, be assured, the devil is in the details. Once
Hammerschmidt gets this approved and mandatory he will personally
add the teath. There will be no more listening sessions or public
comments — the federales will have their way, regardless of the
majoritie’s oppositon.

Yesterday, USDA submitted it Animal Disease Traceability Rule to the
White House Office of Management and Budget for final review. See
Below.
This is one obstinate agency.

 

AGENCY: USDA-APHIS RIN: 0579-AD24TITLE: Animal Disease Traceability
Neil HammerschmidtSTAGE: Final Rule ECONOMICALLY SIGNIFICANT: No
** RECEIVED DATE: 04/25/2012 LEGAL DEADLINE: None
RIN Data
USDA/APHIS RIN: 0579-AD24 Publication ID: Fall 2011
Title: Animal Disease Traceability

Abstract: This rulemaking would establish a new part
in the Code of Federal Regulations containing minimum
national identification and documentation requirements
for livestock moving interstate. The proposed regulations
specify approved forms of official identification for each
species covered under this rulemaking but would allow such
livestock to be moved interstate with another form of
identification, as agreed upon by animal health officials
in the shipping and receiving States or tribes. The purpose
of the new regulations is to improve our ability to
trace livestock in the event that disease is found.

Agency: Department of Agriculture(USDA)
Priority: Other Significant
RIN Status: Previously published in the Unified Agenda Agenda Stage
of Rulemaking: Final Rule Stage
Major: No Unfunded Mandates: No
CFR Citation: 9 CFR 90
Legal Authority: 7 USC 8305
Legal Deadline: None

Statement of Need: Preventing and controlling animal disease is the
cornerstone of protecting American animal agriculture. While ranchers
and farmers work hard to protect their animals and their livelihoods,
there is never a guarantee that their animals will be spared from
disease. To support their efforts, USDA has enacted regulations to
prevent, control, and eradicate disease, and to increase foreign and
domestic confidence in the safety of animals and animal products.
Traceability helps give that reassurance. Traceability does not prevent
disease, but knowing where diseased and at-risk animals are, where they
have been, and when, is indispensable in emergency response and in
ongoing disease programs. The primary objective of these proposed
regulations is to improve our ability to trace livestock in the event
that disease is found in a manner that continues to ensure the smooth
flow of livestock in interstate commerce.

Summary of the Legal Basis: Under the Animal Health Protection Act (7
U.S.C. 8301 et seq.), the Secretary of Agriculture may prohibit or
restrict the interstate movement of any animal to prevent the
introduction or dissemination of any pest or disease of livestock, and
may carry out operations and measures to detect, control, or eradicate
any pest or disease of livestock. The Secretary may promulgate such
regulations as may be necessary to carry out the Act.

Alternatives: As part of its ongoing efforts to safeguard animal
health, APHIS initiated implementation of the National Animal
Identification System (NAIS) in 2004. More recently, the Agency launched
an effort to assess the level of acceptance of NAIS through meetings
with the Secretary, listening sessions in 14 cities, and public
comments. Although there was some support for NAIS, the vast majority of
participants were highly critical of the program and of USDA's
implementation efforts. The feedback revealed that NAIS has become a
barrier to achieving meaningful animal disease traceability in the
United States in partnership with America's producers. The option we are
proposing pertains strictly to interstate movement and gives States and
tribes the flexibility to identify and implement the traceability
approaches that work best for them.

Anticipated Costs and Benefits: A workable and effective animal
traceability system would enhance animal health programs, leading to
more secure market access and other societal gains. Traceability can
reduce the cost of disease outbreaks, minimizing losses to producers and
industries by enabling current and previous locations of potentially
exposed animals to be readily identified. Trade benefits can include
increased competitiveness in global markets generally, and when
outbreaks do occur, the mitigation of export market losses through
regionalization. Markets benefit through more efficient and timely
epidemiological investigation of animal health issues. Other societal
benefits include improved animal welfare during natural disasters. The
main economic effect of the rule is expected to be on the beef and
cattle industry. For other species such as horses and other equine
species, poultry, sheep and goats, swine, and captive cervids, APHIS
would largely maintain and build on the identification requirements of
existing disease program regulations. Costs of an animal traceability
system would include those for tags and interstate certificates of
veterinary inspection (ICVIs) or other movement documentation, for
animals moved interstate. Incremental costs incurred are expected to
vary depending upon a number of factors, including whether an enterprise
does or does not already use eartags to identify individual cattle. For
many operators, costs of official animal identification and ICVIs would
be similar, respectively, to costs associated with current animal
identification practices and the in-shipment documentation currently
required by individual States. To the extent that official animal
identification and ICVIs would simply replace current requirements, the
incremental costs of the rule for private enterprises would be minimal.

Risks: This rulemaking is being undertaken to address the animal health
risks posed by gaps in the existing regulations concerning
identification of livestock being moved interstate. The current lack of
a comprehensive animal traceability program is impairing our ability to
trace animals that may be infected with disease.

Timetable:
Action Date FR Cite
NPRM 08/11/2011 76 FR 50082
NPRM Comment Period End 11/09/2011
Final Rule 08/00/2012

Additional Information: Additional information about APHIS and its
programs is available on the Internet at http://www.aphis.usda.gov.
Regulatory Flexibility Analysis Required: No Government Levels

Affected: State, Tribal
Small Entities Affected: Businesses Federalism: No
Included in the Regulatory Plan: Yes
RIN Data Printed in the FR: No

Agency Contact: Neil Hammerschmidt
Program Manager, Animal Disease Traceability, VS

Department of Agriculture
Animal and Plant Health Inspection Service
4700 River Road, Unit 46,
Riverdale, MD 20737-1231
Phone:301 734-5571
______________________________________________________________________

 

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

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