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Massachusetts and NAIS - 2008

Anti-NAIS bills still pending in Committee

Last year’s anti-NAIS bills, HB 757 and SB 475, remain pending before the Joint Committee on Natural Resources, Agriculture and the Environment.   On July 9, 2007, the Committee held a hearing at which dozens of people testified in favor of the bills, and not one person spoke in favor of NAIS.

Take Action

1)  Contact the Committee members and ask them to move the bills forward.  Focus your efforts on the Chair and Vice Chair on both the Senate and House side of the joint committee.  Tell them you prefer SB 475, because it covers additional aspects that are a problem with NAIS.  But the critical thing is that the Committee address the NAIS issue!

Contact information for the Committee members, as well as talking points, are below.

2)  Contact your Representative and Senator. Tell them you want SB 475 to pass, and ask them to speak with Senator Resor and the other Committee members.  If you don't know who your elected officials are, you can find them on the Massachusetts legislature's website, http://www.mass.gov/legis/

If you have a few minutes, ask to speak to the staffer who handles agricultural issues.  Have a discussion beyond the basic message that you want them to support SB 475.  Ask them what they already know about NAIS, explain your objections to it, and respond to the issues they bring up. Stay in touch through email after the phone call, so that they know you really care about this issue.

 COMMITTEE MEMBERS: Name, area represented, email, phone number

Chairs and Vice-Chairs:

Senators:

Representatives:

Background on the bills

For more information, contact FARFA or Pat Stewart at 978-827-1305, Farm@hamesaxle.com. Pat is the founder of the Smallholders Alliance and the Liberty Ark Massachusetts Coordinator.

The text of SB475 can be found at www.smallholdersalliance.com/Bill1472.htm.

HB 757 forbids the MDAR from accepting federal funds for NAIS in 2007, requires MDAR to stop uploading premises data to the federal database, and seeks removal for people whose premises were involuntarily enrolled in the federal database.

SB 475 includes all of the provisions of HB 757, and adds two sections to address the issue of a state premises registration program, and the animal identification or tracking portions of NAIS.

SB 475 prohibits any state premises registration or animal identification program, except for existing programs as they currently exist. This means that MDAR won’t be able to create a state premises registration database to serve as the basis for the rest of NAIS, and it won’t be able to implement NAIS under a different name. These are very real threats. For example, Michigan cattlemen are being required to register in the NAIS database and electronically tag their cattle, supposedly as part of the tuberculosis program. Under SB 475, the MDAR can still continue its existing programs, and the Legislature can always decide to provide for a new disease-control program. SB 475 merely stops the agency from establishing a new or expanded premises registration or animal identification and tracking program without legislative authorization.

SB 475 also prohibits any person, whether private or governmental, from discriminating against people who do not participate in NAIS or programs like it. This provides additional protection against the state creating a NAIS-like program (without calling it that) and then coercing people into it. It means that people will be able to buy feed, sell at auction, use slaughterhouses, go to shows and fairs, and everything else we do now, without any pressure to sign up. As with the abuse of existing programs, the threat of coercion is very real. For example, in Colorado, North Carolina, and Illinois, 4-H children are being required to sign up for NAIS even though there is no statute or regulation making the program mandatory.

Talking Points

  • NAIS is an important issue to me and many other people in Massachusetts. SB 475 should be passed.
  • NAIS will hurt Massachusetts’s economy:
    • There has been no cost analysis
    • 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
    • By imposing unnecessary costs, NAIS will fuel inflation.
  • Neither the USDA nor the state agency has scientific proof show that NAIS will 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 will 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 will not protect against terrorism.
    • 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 held by the government and private industry will provide a target for hackers.
  • NAIS infringes on people’s constitutional rights, including due process, privacy, and religious freedom.
  • NAIS unfairly burdens pet owners and people who raise food for themselves.
  • USDA states that NAIS is voluntary at the federal level, so there is no “federal mandate” requiring Massachusetts to implement this program

SAMPLE EMAIL – Personalize for the greatest effect!

Subject: Vote yes on SB 475

Dear Representative (or Senator) _______:

I am a _________ (small farmer, consumer of local foods, horse owner, taxpayer. Tell them a little bit about yourself and why you care about this issue). I am writing to ask that you support SB 475, which would prevent the establishment of the National Animal Identification System (NAIS) in Massachusetts.

If it is made mandatory, NAIS would require that every person who owns even one chicken, horse, cow, sheep, goat, pig, or other livestock animal:
1. Register their premises in a federal database;
2. Identify each animal with an internationally unique 15-digit number when they are moved from their herd of origin or commingled with other animals. For many species, the identification would be electronic. Factory farms will be able to use “group numbers,” but most small farmers and pet owners will not qualify.
3. Track their animals: The owner must report, within 24 hours, events such as tagging the animal, death or slaughter, public and private sales, and regional shows.

I am opposed to NAIS because it will impose heavy burdens on our rights and our economy, without providing any real benefits. NAIS is an unprecedented expansion of the government bureaucracy into people's private lives and infringes on our property rights. Neither the US Department of Agriculture nor the Massachusetts Department of Agricultural Resources (MDAR) has provided any scientific basis for the claims of improved disease control. Neither agency has done a cost-benefit analysis of the program, either. There are many more effective, less expensive, and less intrusive methods for improving animal health and addressing animal disease.

NAIS will drive many small and medium-size farmers and ranchers out of business and discourage people from owning horses and other livestock as pets, resulting in far-reaching effects on our economy. The only winners in this program are the microchip manufacturers, the associations that will manage the databases, and the government employees. If the federal government ultimately decides to implement NAIS, it can do so – our state should not.

Please support SB 475. This bill would (1) stop the MDAR from accepting federal funds in 2007 to implement NAIS; (2) stop the uploading of data on Massachusetts residents into the federal database; (3) allow for the removal of data on those people who have been involuntarily enrolled; (4) preclude MDAR from using other existing programs as a means to implement NAIS, while still allowing the state to continue existing programs and implement new disease-specific programs as needed; and (5) prohibits any person, whether private or governmental, from discriminating against people who do not participate in NAIS or programs like it. SB 475 is critical to protecting our rights, the health of our animals, and the health of our economy.

SB 475, and a related bill, HB 757, were heard by the Joint Committee  on Natural Resources, Agriculture, and the Environment last July.  Over a dozen people testified in favor of the bills and not one person spoke in favor of NAIS.  Please help move these bills forward as soon as possible.

Thank you for your attention to this issue.
Name
Address
City, State Zip
Email if you have it

Joint Commitee Members

Name, area represented, email, phone number

SENATORS:

*  Pamela Resor of Middlesex and Worcester - Chair , Pamela.Resor@state.ma.us, 617- 722-1120
*  Marc Pacheco of First Plymouth and Bristol - Vice-Chair, Marc.Pacheco@state.ma.us, 617-722-1551
*  Stephen Brewer of Worcester, Hampden, Hampshire and Franklin, Stephen.Brewer@state.ma.us, 617-722-1540
*  Robert Creedon of Second Plymouth and Bristol, Robert.Creedon@state.ma.us, 617-722-1200
*  Robert O'Leary of Cape and Islands, Robert.O'Leary@state.ma.us, 617-722-1570
*  Bruce Tarr of Essex and Middlesex, Bruce.Tarr@state.ma.us, 617-722-1600

REPRESENTATIVES:

*  Frank Smizik of Brookline – Chair, Frank.Smizik@verizon.net,  617-722-2210
*  Peter Kocot of Northampton - Vice-Chair, Rep.PeterKocot@hou.state.ma.us, 617-722-2210
*  Douglas Petersen of Marblehead, Rep.DouglasPetersen@hou.state.ma.us, 617-722-2637
*  Martin Walsh of Boston, Rep.MartinWalsh@hou.state.ma.us, 617-722-2090
*  Anne Gobi of Spencer, Rep.AnneGobi@hou.state.ma.us, 617-722-2575
*  Denis Guyer of Dalton, Rep.DenisGuyer@Hou.State.ma.us, 617-722-2400
*  Michael Moran of Boston, Rep.MichaelMoran@hou.state.ma.us, 617-722-2460
*  Sarah Peake of Provincetown, Rep.SarahPeake@Hou.State.ma.us, 617-722-2090
*  Susan Gifford of Wareham, Rep.SusanGifford@hou.state.ma.us, 617-722-2090
*  Lewis Evangelidis of Holden, Rep.LewisEvangelidis@hou.state.ma.us, 617-722-2263

Last updated February 10, 2008