The National Agricultural Statistical Service (NASS) branch of the USDA is conducting the 2007 census, and many people have either received the forms or heard about them.  The information below is provided to help you understand the issues surrounding the census.  It is not legal advice.
 
Congress has specifically mandated that USDA shall conduct a census of agriculture once every five years. (7 USC sec. 2204g, http://www.nass.usda.gov/census/leg_auth.htm).  USDA has stated that the census covers every "farm," defined as "any place that produced and sold, or normally would produce and sell, $1,000 or more of agricultural products during the census year." (71 Fed. Reg. 7004 (Feb. 2006)).  Failing to respond can be punished by a fine of up to $100, while knowingly providing a false answer can be punished with a fine of up to $500.  To our knowledge, no one has actually been fined for failing to respond.

[Additional note: While the USDA officials had told us that they interpreted the statute as imposing a flat $100 fine for failing to respond to the entire survey, officials are now telling callers that it is $100 per section of the survey.  The inconsistent responses do not inspire confidence in the agency, to say the least.]
 
Will my information be placed in the NAIS database?
 
It is always possible the census data will be abused by USDA.  Many of us do not trust USDA because it has used a variety of coercive and misleading methods to implement NAIS.  Data mining, outright lies, and misuse of people's information have left many American farmers with a deep distrust of the agency.  However, the statute governing the USDA and the census provide that the information collected cannot be used for any purpose other than "development or reporting of aggregate data in a manner such that the identity of the person who supplied such information is not discernible and is not material to the intended uses of such information." (7 USC Section 2276. See also CIPSEA, Public Law 107- 347, & 7 USC Section 2204g(f)(3)).  If the USDA complies with the statute, your information will not be placed into NAIS.  If the USDA abuses the information, then there is a clear statutory violation that could serve as the basis of a lawsuit.
 
If I decide to respond, what do I say?
 
The census includes a long list of detailed questions, many of which have little or no application to small producers.  Several of the sections specifically exempt products raised for personal or household consumption.  If the section doesn't apply to you, then you can indicate that and skip the rest of the section.  If you have any concerns about how you should answer the census questions based on your specific situation, you should obtain legal advice.

Additional Note: Several NASS employees have stated that people can respond simply by sending the form back unanswered with the statement “I protest this survey and refuse to participate.”  Others have just answered  the first two sections (on land use) and indicate that the remainder did not apply to them.  If you raise food just for your household, one option is to write "we raise for personal use only".  Or answer those questions that you are willing to, and write "I refuse to answer these questions" for the ones you aren't.

One approach is to call USDA at the number provided on the census (888-424-7828) to see what they say.    Be sure to write down the name of the USDA person that you speak to, and exactly what they tell you, and save that information.  Even though the agency is not legally bound by what its employees tell you, it can still be very useful to have evidence of the conversation.

Is there any benefit to responding?
 
Last year, many people refused to respond to USDA's annual survey (which was voluntary) because they suspected the information would be used by USDA to enforce the NAIS.  If people also refuse to respond to the upcoming census, the data will look as if there are no small farms left in our country.  In the long run, that could hurt us very badly in the fight against NAIS.  In lobbying Congress and state legislatures, many of us have used the data from the 2002 census to show legislators how many small farms are in their districts and the economic impact NAIS will have.  If small farmers refuse to answer the 2007 census, this data will be lost.  Legislators and bureaucrats will say, "It doesn't matter if NAIS would hurt small farms.  There are so few small farms anymore, they're just not important."

[More comments: When we talk to legislators, we point out that the census numbers seriously underestimate the numbers of small farms, homesteads, horse owners, and people who own livestock as pets (such as chickens or pot-bellied pigs).  Many of these people simply throw the census form in the trash or never receive it in the first place.  We also explain that programs like NAIS are incerasing the resentment and distrust towards the federal government, which in turn leads to growing numbers of people refusing to answer the census. So the census is not the final word on the number of small farms in this country.  But, without at least some data, the job of convincing the legislators will be harder.] 

How did they get my information? 
 
The National Agricultural Statistical Service compiled a list of people who were potentially involved in agriculture.  They obtained mailing lists from breed associations and agriculture-related magazines, among others.  If you are unhappy that your contact information was provided to the government, you should raise that issue with your association and subscriptions.  You may decide to stop giving your money to companies that release your information without your permission.
 
Can they use the mailing list for other purposes?
 
The National Agricultural Statistical Service is not allowed to provide your information to other branches of the agency or to other agencies for anything other than statistical purposes.  However, it can use its mailing list to send out materials on behalf of other branches of the agency.  So, for instance, the National Agricultural Statistical Service may send out premises registration request forms to its mailing list.  But it cannot legally provide your census responses to USDA-APHIS or anyone else to place in the NAIS database.

Remember, except in Wisconsin, Indiana, and Michigan, NAIS is not mandatory.  So if the USDA sends you a premises registration form, and you don't live in one of the mandatory states, you can throw it in the trash!
 
I received a survey form last year, how is this different?
 
In between the census years, the National Agricultural Statistical Service does an annual survey, which is voluntary.  
 
The information above is not legal advice.  It is intended to help people to make informed decisions.  If you have any questions, feel free to contact FARFA at info@FarmAndRanchFreedom.Org or by calling 866-687-6452.
 
Sincerely,
 

Judith McGeary
Farm and Ranch Freedom Alliance
www.farmandranchfreedom.org
866-687-6452