State Updates - 2009

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October 2009 State News:

Ohio: Issue 2 on the November ballot is an industry attempt to change the Ohio state constitution, establishing a “Livestock Care Standards Board” that would have unchecked power to establish standards for livestock and poultry. Technically the product of the Ohio General Assembly, the ballot issue is heavily backed by groups representing major agribusiness interests, including the Ohio Farm
Bureau and The Ohio Pork Producers Council.1 While masquerading as an attempt to improve food safety and animal welfare, Issue 2 in reality is an attempt by big industry to preempt statewide initiatives like the recent Proposition 2 in California,2 which phased out problematic animal production practices like battery cages for chickens. In effect, the proposed Livestock Care Standards Board would give a dozen political appointees broad and unchecked power to decide rules on animal welfare, potentially reshaping regulations on how animals are raised, tracked or traced.

For more information, go to http://www.ohioact.org/

Wisconsin: Wisconsin has been one of the most aggressive states in pursuing NAIS premises registration. Many people have signed up due to these tactics, but others are refusing. After two years of threats, Wisconsin is pursuing legal action. Last week, they took Emmanuel Miller, an Amish farmer, to court. In a few weeks, another farmer, Patrick Monchilovich, has a court hearing. We are all in this fight together! No one should be forced to register their property in the NAIS database.

TAKE ACTION #1:

Come to the hearing! A packed courtroom will show both the agency and the judge that Monchilovich is not alone in this fight, and that many people are watching what they do.

WHERE: Polk County Courthouse in Balsam Lake, WI
WHEN: October 21 at 1 pm

TAKE ACTION #2:

Tell the agency to drop the prosecution! Email the following individuals:
Paul McGraw (NAIS coordinator): paul.mcgraw@datcp.state.wi.us
Susan Buroker (NAIS coordinator): susan.buroker@datcp.state.wi.us

Send a copy of your letter to your State Representative, Senator, and U.S. Congressman! You can find their contact information at www.congress.org NAIS is both a state and a federal issue, and your elected officials need to hear from you!

TALKING POINTS:

1. NAIS is voluntary at the federal level. Almost every other state has a voluntary program, and several states have specifically rejected a mandatory program by law. Wisconsin should make NAIS premises registration voluntary, not mandatory.

2. NAIS is not an effective animal health program. Tracking only deals with the problems after the fact, it does not prevent or treat any disease.

3. NAIS will not improve food safety because the tracking ends at the time of slaughter, while food contamination occurs afterwards.

4. Obviously, the agency already knows where these farmers are. There is no valid reason to fine them for not registering their property.

5. The only beneficiaries of NAIS are the large technology companies, agribusinesses, and state departments of agriculture. The State Wisconsin has received millions of dollars to push NAIS. Wisconsin should not be wasting our tax dollars on this corporate boondoggle and prosecuting hard-working individuals who are living in accordance with their beliefs and not harming anyone.

NAIS News Across the Country: 2009 State Bills

As of Friday, March 27, 2009:

Arkansas: HB 1046, to limit NAIS to a voluntary program only, has stalled in the Senate, and ARAPA is trying to get a second hearing on the bill. Please contact your state Senator to express your opposition to NAIS and your continued support for HB 1046! You can find contact information here. The Senate is also hearing a resolution, HCR1014, opposing a mandatory NAIS.

ILLINOIS: A resolution has been introduced by Senator Luechtefeld and co-sponsored by Senator Sullivan. SR 127 notes the problems that a mandatory NAIS would cause, and calls for animal identification to "remain at the State level and not be initiated at the national level." For more information, click here

MONTANA: HB 592, which would have limited NAIS to a voluntary program only, unanimously passed the House, but has been tabled in the Senate Committee. A resolution is being considered in its place. You can read the bill and more information here

North Dakota: The Legislature has adopted a concurrent resolution urging Congress to examine carefully the known and potential impacts of implementing a national animal identification system. Concurrent Resolution No. 4019. You can read the resolution here

South Dakota: HB 1224 would have barred a mandatory or coercive NAIS program. The House of Representatives voted it down on Monday, February 23. For more information, click here

Texas: SB 682 and HB 3322 would limit NAIS to a voluntary, non-coercive program in Texas! For more information, click here.

Utah: HB 183 has been signed by the Governor! We all owe a big thanks to the bill's sponsors, Representative Melvin R. Brown and Senator Kevin T. Van Tassell! H.B. 183 forbids the Utah Department of Agriculture and Food from requiring anyone to participate in NAIS. Neither the Agriculture Department or a political subdivision in Utah may use coercive means such as denying, revoking, or limiting services, licenses, permits, grants, or other benefits to force someone to participate in NAIS. The bill also provides that someone who participates in NAIS may withdraw from participation at any time. There are some limits to these provisions, for example if someone is "part of an ongoing disease investigation, monitoring, or control program for which" the state agency "has responsibility," then the agency isn't obligated to remove a person's information from the database. The bill also allows the agency to establish NAIS if it is required by federal law, but the state rules may not be more stringent than the federal law.

Washington state: HB 2086 and SB 5956 would have limit NAIS to a voluntary, non-coercive program. The House and Senate Agriculture Committees held hearings on the bills on February 17, but never passed them out of committee, and the bills appear to be dead for this session.

Wyoming: The anti-NAIS bill and resolution did not make it to a vote. HB 16 - Cottage Food Industry - was approved.

Four States Adopt Laws Barring Mandatory NAIS

Arizona: In 2007, Arizona adopted a law that bars the agency form mandating or forcing participation in NAIS. The sponsor, Senator Johnson, learned about NAIS at the Freedom 21 Conference, when Judith McGeary and Karin Bergener (of the Liberty Ark Steering Committee) spoke about it. Among other things, she used our Top 10 Myths to help educate members of the House Committee about the truth about NAIS! SB 1428 was codified at Section 3-1207 of the Arizona Revised Statutes.

Kentucky: In 2008, Kentucky adopted a law limiting its agency to a voluntary non-coercive one, absent binding federal regulations. HB 495 was codified at KRS 257.497.

Missouri: In 2008, Missouri adopted a law that its state agency could not mandate "or otherwise force" NAIS without specific statutory authorization. The law also provides for the right to withdraw from the program. SB 931.

Nebraska: In 2008, Nebraksa adopted LB 632, limiting its program to a voluntary program only and requiring the Agriculture Department to develop a procedure for people to withdraw from NAIS. The law was codified at Section 54-702 ofthe Revised Statutes.

last updated February 4, 2009

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