HB 495 becomes law in Kentucky!

Many thanks to all the people who called and wrote in support of HB 495!  The Governor signed the bill into law on April 11, making Kentucky the 3rd state to limit NAIS to a voluntary program only!

***Press Release***  Send this release to your local newspaper!

HB 495 is the first anti-NAIS law that includes a provision to prevent the state from coercing people into a so-called voluntary NAIS.  The law states that the agency “shall not:  … Deny, revoke, or limit services, licenses, permits, grants, or other benefits or incentives to a person if that person does not participate in the national animal identification system.”  In other words, they can’t use disaster relief programs, business licenses, etc., to force people into NAIS!!!

Unfortunately, HB 495 does allow the state agency to implement a mandatory NAIS “if the system becomes mandatory through final federal action in accordance with the Administrative Procedure Act.”  Although we would have preferred that there be no “federal trigger,” the bill’s language was carefully limited so that the various timelines and guidance documents that USDA has issued up to this point (such as its Business Plan and User Guide) would not qualify as “final action.”  To meet this trigger, USDA would have to publish proposed regulations in the Federal Register and adopt them after public comment.  USDA has said multiple times that it does not want to adopt mandatory federal regulations, and its strategy for implementing NAIS has relied heavily on mandatory and coercive programs at the state level.

So now the fight for Kentuckians moves to the federal level!  Every Kentucky resident should call his or her U.S. Senators and Representative, and urge them to keep NAIS from becoming mandatory at the federal level.  Contact information is below.

TAKE ACTION

Contact both Kentucky Senators and your Representative.  Focus your efforts on Senator McConnell, who is the Senate Minority Leader and sits on the Agriculture Committee.

Senator Mitch McConnnell (R-KY), Phone: 202-224-2541, Fax: 202-224-2499
Senator Jim Bunning (R-KY), Phone: 202-224-4343, Fax: 202-228-1373

Rep. Edward Whitefield (R-1st), Phone: 202-225-3115, Fax: 202-225-3547
Rep. Ron Lewis (R-2nd), Phone: 202-225-3501, Fax: 202-226-2019
Rep. John Yarmuth (D-3rd), Phone: 202-225-5401, Fax: 202-225-5776
Rep. Geoff Davis (R-4th), Phone: 202-225-3465, Fax: 202-225-0003
Rep. Harold Rogers (R-5th), Phone: 202-225-4601, Fax: 202-225-0940
Rep. Ben Chandler (D-6th), Phone: 202-225-4706, Fax: 202-225-2122

If you’re not sure who your Representative is, go to www.congress.org or call the Capitol Switchboard at 202-224-3121

Ask to speak to the agricultural staffer.  If you get voice mail, leave a message.

MESSAGE:  “I am a constituent and wanted to talk with you about the National Animal Identification System.  My name is _____, and my number is ______.    HB 495, to limit NAIS to a voluntary, non-coercive program, passed overwhelmingly in both the House and the Senate and has now become the law of our state! I want Senator (or Representative) ________ to make sure that USDA does not override the will of the Kentucky people.  Please oppose any bill that would make NAIS mandatory at the federal level.  And please call me back to let me know the Congressman’s position on NAIS.”

If you talk with the staffer directly, have a conversation with them.  Ask them the Congressman’s position on NAIS, and try to address the reasons they may support NAIS or why they’re on the fence.  Give them personal stories about how NAIS will impact you and your community, along with solid facts about the flaws with NAIS.  Food safety is a big issue in Congress right now, so be sure you say that NAIS is not about food safety and there are better ways to protect our food supply.   We can help provide follow-up information to address these issues.  Email the Liberty Ark Coalition at libertyark@freedom.org or call the Farm and Ranch Freedom Alliance at 866-687-6452.

Talking Points

• NAIS would  not improve food safety
  • USDA itself has stated that this is not a food safety program
  • Contamination of food with e. coli and other bacteria occurs at the slaughterhouse or afterwards, while NAIS will stop before that point.
• NAIS would hurt Kentucky's economy:
  • There has been no analysis at federal or state level that establishes the costs or benefits of NAIS.
  • Costs of the program include the cost of the tags, hardware, software, time and labor
  • Many small farmer and ranchers cannot afford these costs
  • Service providers (veterinarians, feed stores, auction houses, meat processors, etc.) will be harmed when the farmers and ranchers go out of business.
  • Remaining farmers will pass the costs on to consumers, lowering demand for local foods
• The USDA has not provided any scientific proof that NAIS would improve disease control:
  • It does not address the cause, treatment, or transmission of disease, in domestic or wild animals.
  • It does not significantly improve on current methods for identification and tracking of disease.
• NAIS is not necessary for the market.  Age- and source-verification is already available through the USDA's Process Verified Program
• NAIS would not protect against terrorism and the technology is flawed
  • The microchips chosen by the state can be cloned, destroyed, or infected with computer viruses, and reprogrammed. Any terrorist or thief can use this.
  • The database of information, created by the state agency and available to USDA, will provide a target for hackers.
• NAIS infringes on people's constitutional rights, including due process, privacy, and religious freedom.
• NAIS unfairly attacks the rights of pet owners and those who raise animals as food for their family.
• Three states – Arizona, Kentucky, and Nebraska – have now rejected a mandatory NAIS.

The Text of HB 495

AN ACT relating to animal identification.

âSection 1.   KRS 257.497 is amended to read as follows:

(1)     The board may promulgate administrative regulations necessary to carry out the provisions of the national animal identification system if the system becomes mandatory through final federal action in accordance with the Administrative Procedure Act, 5 U.S.C. sec. 500 et seq., as amended. If the system becomes mandatory, the administrative regulations shall be no more stringent than the federal law or regulations.

(2)     As long as the national animal identification system is voluntary, the board shall not mandate or force participation in the system or any other similar system, including premise registration, animal identification, or the tracking or surveillance of domesticated animals.

(3)     The board may not withhold indemnity as provided in KRS 257.120 and 257.130 if a person does not participate in the national animal identification system.

(4)     No services, licenses, permits, grants, or other benefits or incentives shall be denied, revoked, or limited to a person on that person's lack of participation in the national animal identification system.

(5)     Nothing in this section shall be construed as prohibiting:

(a)     The board from establishing or participating in disease control programs specifically designed to address a known disease in a specific species of livestock;

(b)     The board from operating livestock identification, brand registration, or inspection programs as authorized under the Kentucky Revised Statutes; or

(c)     Private agricultural industry organizations from establishing voluntary source verification programs for their own members or others who elect to participate.

(6)     No city, town, county, or other political subdivision of the Commonwealth shall adopt or continue in effect any ordinance, resolution, rule, or regulation requiring participation in the national animal identification system or any other similar system. Local legislation in violation of this subsection shall be void and unenforceable.

(7)     Except as provided in subsections (8) and (9)[(2) and (3)] of this section, the board shall not release any records, data, or information collected, recorded, or otherwise, deemed confidential for the purposes of the national animal identification system.

(8)[(2)] Any records, data, or information deemed confidential under application of subsection (7)[(1)] of this section shall be subject to inspection only upon order of a court of competent jurisdiction.

(9)[(3)] Nothing in this section shall limit the release of records, data, or information to another state or federal agency if the release of the information is necessary to prevent or control disease or to protect public health, safety, or welfare.

Last update April 15, 2008.