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NAIS They are at it again.

Discussion in 'Local Chicken Laws & Ordinances' started by LoneCowboy, Jan 16, 2009.

  1. LoneCowboy

    LoneCowboy Songster

    Aug 26, 2007
    Longmont, CO
    I got this e-mailed to me today and thought some of you might be interested

    I am sending this out to all my contacts as this affects property ownership not only in Missouri but in every State in the US!

    Please read this and forward to your friends. USDA is taking this opportunity to implement this horrible, unconstitutional program.

    Call you Federal officials and tell them to stop this program! Call your State officials and get your state to write letters opposing this Federal Program! We must stop NAIS, it will be devastating to farmers and our food supply. Small farmers will be out of business eventually because of it with all the regulation requirements with NAIS.

    This is the real deal folks.....

    From: [email protected] [mailto:[email protected]] O

    On Tuesday, January 13, 2009, the USDA published in the Federal Register a proposed rule that would make two elements of NAIS -- NAIS Premises ID and NAIS individual animal ID -- effectively mandatory in several USDA animal disease programs. A copy of the proposed rule is attached.

    This rule, if it goes into effect, would be an enormous step toward creating a fully mandatory NAIS for all U.S. livestock.

    The proposed rule directly affects cattle, bison, sheep, goats, and swine. However, it will also bring a full NAIS closer for all species. Therefore, all owners of horses, poultry, and other species should also submit comments and urge their livestock/farming organizations to submit comments.

    Within a few days, I will be sending out a sample letter for people to consider as a basis for comments. The comment period is scheduled to close on March 16, 2009. Commenting on this proposed rule is extremely important. Not only all animal owners, but also consumers of local/organic/grassfed foods, and everyone concerned with preserving a place for family farms in a world increasingly dominated by Industrial Agriculture, is urged to comment.

    In regard to advancing NAIS, the four most important aspects of the USDA/APHIS Jan. 13, 2009 rule are:

    1. As of the effective date of the final rule, the NAIS Premises ID Number (PIN) would be the only form of PIN allowed for certain official uses. (Note on timing -- the comment period is open until March 16, 2009. Then USDA reviews the comments and at some point can issue a final rule. That date of issuance would be the effective date for the mandatory assignments of the NAIS Premises IDs. However, a large number of unfavorable comments might result in the postponement, or even retraction or cancellation, of the rule.)

    2. Although the system announced in this proposed rule supposedly permits the continued use of the National Uniform Eartagging System (traditionally, metal tags) and a "premises-based numbering system," in fact, these systems would be used in the same way as NAIS Animal Identification Numbers. The older forms of eartags and individual IDs would all be connected into the NAIS Premises ID database through the Animal Identification Number Management System ("AINMS," the USDA system that keeps track of what individual animal identification number is assigned to what farm or ranch). In other words, under the system of this proposed rule, anytime a farmer/rancher has metal tags applied to livestock (such as for TB or brucellosis testing), the farm/ranch will be placed into the NAIS Premises ID system and the numbers on the tags will be tied to the farm/ranch through the USDA's AINMS system.

    3. Some requirements are being added for official eartags and these new requirements might make it very difficult or even impossible to obtain metal tags instead of the NAIS tags. The additional requirements include a "U.S. shield" printed on each tag, and tags must be "tamper-resistant and have a high retention rate in the animal." The APHIS Administrator must approve all tags. The NAIS tags now available already meet these standards. It is not clear that metal tags have ever been judged by these standards, so it is possible that the APHIS Administrator could fail to approve metal and other non-NAIS tags. Also, tag manufacturers will have a clear self-interest in abandoning production of cheap metal tags in favor of expensive NAIS RFID tags, so non-NAIS forms of tags may quickly become extinct.

    4. The addition of a definition of the AINMS to the animal-disease program rules in the Code of Federal Regulations is huge. Previously the AINMS has only been defined in the non-rule NAIS informational documents (Draft Strategic Plan, User Guide, Business Plan, etc.) so it did not have any defined legal status. Now this proposed rule adds a definition of the AINMS and also provides that eventually the AINMS will be used to tie all types of "official" tags -- not just the NAIS 15-digit tags -- to a NAIS registered premises. The proposed rule accomplishes essentially a mandatory system for the first 2 elements of NAIS -- NAIS premises ID and NAIS individual animal ID. The only difference from the original NAIS plan is that now the metal tags and other traditional forms of individual ID have become additional forms of numbering/tagging that are used as part of NAIS.

    Note that even if your state has passed a law to keep NAIS "voluntary," that will not necessarily save you from this rule. The Federal Register notice specifically states: "All State and local laws and regulations that are in conflict with this rule will be preempted." (p. 1638.) However, if you are working to pass a state law limiting NAIS in the present legislative session, keep working -- such a law could still be very important. It shows the opposition of animal owners and consumers to NAIS, which may help get the rule postponed or rescinded. In addition, the question of whether this rule would pre-empt contrary state laws in all circumstances may someday be open to legal challenge.

    But for now, your best defense against NAIS is to make sure you comment on the proposed rule. Watch for my sample letter to be distributed in the next few days.

    Mary Zanoni
    P.O. Box 501
    Canton, New York 13617

  2. rozmiarek

    rozmiarek In the Brooder

    Oct 22, 2007
    Worthington, OH
    Hey LoneCowboy,

    That looks like something we should know about, but could you provide some background? I'm just a suburban homeowner who has three hens in his back yard. I'm not familiar with NAIS, or even what it stands for.

    My best guess is that its some sort of registry program, by which you have to have all your animals (pets as well as livestock) registered and licensed. Is that the case? Sounds like a lot of bureaucrocy for backyard pet owners. Is there any provision for the size or number of animals you own?

  3. Nais stands for National Animal Identification System. They want to come to your house, microchip all of your "farm" animals. Then you will need to notify them within 24 hours of an animal dying, or leaving your property. Its a bunch of bull, that hopefully doesnt go through.
  4. OrpingtonManor

    OrpingtonManor Building the Castle

    Nov 15, 2008
    Martinez, CA
    I wasn't familiar with NAIS until recently. I still couldn't tell you the details, but I do know that it does affect everyone, even keepers of small backyard flocks. There are threads on here about it, and you can research it on the web. I will definitely be subscribing to this thread so I can keep up with what we should do.

    When you get a sample letter up, could you also generally tell us who we should be sending it to? I don't mean specific names, just should it be our congressman, or someone else? I realize that you are not the one writing the sample letter. Will you keep posting the progress here, or should we go to the website where the information originated?

    Thanks for keeping us informed.
    Last edited: Jan 18, 2009
  5. rozmiarek

    rozmiarek In the Brooder

    Oct 22, 2007
    Worthington, OH
    Does NAIS pertain to pets, as well as farm animals? The distinction is important, as I am more interested in helping local governments see that domestic chickens are pets, and not livestock. NAIS makes it more important that the difference between the two classifications be spelled out.
  6. OrpingtonManor

    OrpingtonManor Building the Castle

    Nov 15, 2008
    Martinez, CA
    From the bit of research I did, there was not going to be a distinction between the two. Even if they were pets, your birds would have to be registered through NAIS. The premise behind registering all animals (except cats and dogs) was that this is a disease tracking and prevention measure. Pets gets diseases, too, so pet birds should be registered under NAIS. At this point, NAIS is voluntary. The question is, will it stay voluntary?

    Edited to add info gleaned from some more quick research.
    Last edited: Jan 18, 2009
  7. Sonoran Silkies

    Sonoran Silkies Flock Mistress

    Jan 4, 2009
    Tempe, Arizona
    The Federal Register notice specifically states: "All State and local laws and regulations that are in conflict with this rule will be preempted."

    A rule does not override state laws. A federal law, however, would unless successfully challenged in court. Nevertheless, it sounds like contacting your senators and representatives and lobbying them to once again put the kabosh on NAIS should be high on the priority list.​

  8. rozmiarek

    rozmiarek In the Brooder

    Oct 22, 2007
    Worthington, OH
    I presented to our City Council on Tuesday. It went pretty well. There was a presentation as well, opposing ownership of chickens. That presenter brought up NAIS, and made it seem like the registration and administrative hassles that go with it would excessively burden the city. (So far, our town has a total of five chickens living in it)

    I don't know much about NAIS at all. Fortunately, someone who does seem to be well informed stood up and pointed out that NAIS does not even apply to birds. It may develop into that for commercial-sized operations, but he said that the direction it seems to be taking is to not apply to residential-sized flocks. Is this info correct?

  9. B. Saffles Farms

    B. Saffles Farms Mr. Yappy Chickenizer

    Nov 23, 2008
    Madisonville, TN
  10. It is the stupidest thing. If a farmer a mile down the road gets some disese in his chicken flock, they will come to your house and destroy your chickens also.

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