ACTION ALERT: Take action now to stop intrastate identification of dairy cattle
 
The Texas Animal Health Commission (TAHC) has proposed a new regulation, 4 TAC section 43(n), which provides that all dairy cattle being transported within Texas shall be identified with "official identification devise or identification devise approved by the Commission."  (The agency presumably meant "device", not "devise")  The stated reason for the requirement is based on the risk of tuberculosis (TB) exposure from untested dairy cattle.
 
The proposed regulation is unnecessary.  According to TAHC, the risk of tuberculosis infection is coming from out of state - so the agency should be focused on entry requirements and testing out of state cattle coming in to Texas, not burdening in-state producers.
 
The proposed regulation also opens the door for the agency to require RFID tagging and NAIS premises registration requirements for dairy cattle.  The proposed regulation limits the identification to a "device," which may or may not include traditional forms of identification such as tattoos and brands.  We've already seen a similar approach in Michigan.  The Michigan Department of Agriculture made a "policy decision" that the only form of acceptable identification under its tuberculosis program was NAIS-compliant RFID tags, complete with premises registration!  The proposed Texas regulation by itself won't force dairy cattle owners to register and use electronic tags - but it would be very easy for the agency to take that next step, with no additional regulations or notice.
 
This is not just about dairy cattle!  If we allow the agency to require unnecessary intrastate tagging of dairy cattle, then it will be that much easier for them to require it of beef cattle next ... then sheep and goats ... then horses ... then chickens ....  We need to stand together.

Take Action

The TAHC is accepting comments on the proposed regulation until Monday, July 23.  You can submit them through email, fax, or hard-copy letters. Send your comments to Delores Holubec, Texas Animal Health Commission, 2105 Kramer Lane, Austin, Texas 78758, by fax at (512) 719-0721, or by e-mail at "comments@tahc.state.tx.us."

Keep your comments short, simple, and to-the point.  A sample letter is below, but it is important that you send a personalized letter with your thoughts, not just a form letter.  If you own dairy cattle, be sure to discuss how the new identification requirement would affect you.

The Texas Association of Dairymen was involved with developing this new regulation.  If you're a member of the Association and you don't agree with what they did, be sure to mention that.  And if you own dairy cattle and you're NOT a member of the Association, mention that - the agency needs to realize that there are many animal owners in this state who are not represented by the big lobby groups.

The proposed regulation can be found at http://www.sos.state.tx.us/texreg/archive/June82007/PROPOSED/4.AGRICULTURE.html#13.  And you can read the TAHC's meeting minutes at http://www.tahc.state.tx.us/news/meetings/Synopsis_CommMtg_May2007.pdf.  The discussion of the proposed TB regulation starts on page 3.

As always, if you have any questions, contact us at info@farmandranchfreedom.org or call 866-687-6452.

Sample Letter: Personalize and put it into your own words for the greatest impact.  Talk about why YOU are against the regulation.

Delores Holubec
Texas Animal Health Commission
2105 Kramer Lane
Austin, TX 78758
comment@tahc.state.tx.us
FAX: (512) 719-0721
                       Re: proposed 4 TAC section 43(n)

Dear Ms. Holubec:

I am writing to oppose the adoption of the proposed new regulation for mandatory identification of dairy cattle, 4 TAC section 43(n).  The proposed regulation it is not necessary, and it unnecessarily limits the types of identification that can be used.

I am a ... (dairy farmer, consumer, other animal owner, etc.  Put in a couple of sentences about yourself and why you care about the issue).

The reason given for the proposed regulation is that some other states have had cattle test positive for tuberculosis.  This fact means that the TAHC should increase its enforcement of entry requirements, not create new requirements for intrastate movement. It is not necessary or fair to burden in-state producers who have already worked hard to reach tuberculosis-free status in Texas.
 
In addition, the language of the proposed regulation mentions only identification devices and does not include forms of identification such as tattoos and brands.  This is a stark contrast to the existing regulation for identifying cattle tested for tuberculosis, which specifically lists identification devices, tattoos, and brands.  The new regulation provides fewer options for identifying untested cattle than for identifying tested animals, which does not make sense.

Last, because of the agency's policy of promoting the National Animal Identification System (NAIS), I am concerned that the agency will connect the official identification device required under the new regulation to the NAIS.

I urge the Commission not to adopt the proposed section 43(n).  At a minimum, the language of the proposed regulation should be changed to expressly allow for inexpensive, non-electronic forms of identification (such as tattoos and brands) that are not connected to the National Animal Identification System.

Sincerely,
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