Articles - Microchip Program

(compliments of horsecouncil.org)

FEDERAL LEGISLATION ON ANIMAL IDENTIFICATION
 
Introduction
 
The livestock industry has been debating the issues surrounding the institution of a national animal identification (ID) system to address animal health emergencies for over a decade.
 
On April 27, 2004, former Secretary of Agriculture Ann M. Veneman expressed full support of a national ID system, now called the National Animal Identification System (NAIS), and announced the framework for implementation of such a system.  Congress supports this initiative as shown by the legislation that has been introduced in the last Congress and this Congress calling for its implementation.
 
The NAIS is intended to establish a standardized, alpha-numeric system for the identification of livestock and the premises where livestock are kept or commingled.  The purpose of such a system is to permit “trace back” within 48 hours of a confirmed diagnosis of an animal disease outbreak. 
 
In the fall of 2003, the American Horse Council organized a task force, which included nearly thirty equine organizations, to evaluate the NAIS and determine if the horse industry might develop standards for equine identification that would benefit the industry and be compatible with such a system should it become mandatory.  This Task Force has now been recognized as the Equine Species Working Group (ESWG) by USDA.    Through the ESWG, the horse industry is evaluating the NAIS, its potential benefits and costs to the horse industry, and determining how the industry can develop standards for equine identification that would fit into it.
 
Federal Legislation
 
Several bills have been introduced regarding the National Animal Identification System.
 
The National Farm Animal Identification Records Act (H.R. 1254)  Congressman Collin Peterson (D-MN) introduced this bill.  It directs the Secretary of Agriculture to establish a nationwide electronic livestock identification system that will enable USDA to enhance the speed and accuracy of the response to outbreaks of disease in livestock.  The system would apply to “all livestock born in the United States or imported” and “cover the movement of livestock in both interstate commerce and intrastate commerce.”  Under the legislation, the system must be capable of tracing livestock from birth to slaughter within 48 hours of an outbreak. 
 
The bill includes specific language exempting the information obtained pursuant to the system from disclosure under the Freedom of Information Act (FOIA) and provides that information obtained shall be considered “commercial information that is privileged and confidential” and not considered “information in the public domain.”
 
The information could be released by the Secretary only in the case of an animal disease outbreak and only to stated federal and state officials with a need to know the information for disease control.  Even then it may be released only if the information involves livestock threatened by disease, the release is related to actions under the system and the person obtaining the information needs it for public health and safety reasons pursuant to the NAIS. 
 
Access to information collected through a national system and an exemption from disclosure under FOIA has been a concern expressed by the equine industry through the Equine Species Working Group.
 
The bill authorizes $175 million to set up the ID system and requires the Secretary to provide financial assistance to producers in complying with the requirements of the system, particularly smaller livestock producers, who are not to be placed at a financial disadvantage in complying with the requirements.
 
The bill amends the Animal Health Protection Act, which was passed to clarify and strengthen the USDA’s authority to prevent, control and eradicate animal diseases.  Under that Act, “animal” is defined to include “all farm-raised animals,” including horses. fit within that definition.
 
Congressman Peterson has also introduced a second bill (H.R. 1256) that simply provides protection from disclosure under the Freedom of Information Act of any information obtained through a livestock identification system developed by the Secretary of Agriculture.  The provisions in this bill are identical to the FOIA protections described above in the broader bill introduced by Mr. Peterson.
 
The Livestock Identification and Marketing Opportunities (LIMO) Act (H.R. 3170).  On June 30, Representative Steve King (R-IA) introduced another bill calling for the establishment of a national identification system for livestock.  This was shortly after a second case of BSE was found in the U.S.
 
The bill calls for the implementation of such a national livestock identification system by 2009.
 
Participation in the system called for by this bill would be mandatory for “livestock,” which is defined to mean “cattle, swine, sheep, goats and poultry,” but does not include horses.  Owners/producers of other livestock, such as horses, could participate in the system, but it would be voluntary.
 
This legislation would establish a private Livestock Identification Board to develop and maintain the livestock identification system.  The system would be producer-controlled and run by stakeholders in the livestock industries involved.  The Board would consist of seven voting members appointed by the Secretary of Agriculture in consultation with the Chair and ranking minority member of the relevant congressional committees, presumably the House and Senate Agriculture Committees.  The voting members of the Board would be one representative from each of the cattle, swine, sheep and goat industries, poultry producers, livestock market operators, meat processors and one at-large member.  Non-voting representatives on the Board would be from the USDA and State or tribal agriculture agencies.  This Board would have to make periodic reports to the Secretary and the congressional committees with oversight authority.  
 
Under the bill, the livestock identification system must be capable of tracing all livestock “from the time of first movement … from its original premise to the time of slaughter… in less than 48 hours.”  It must also be able to track all relevant information about the livestock, including its identification number, the date the number was assigned, the premise identification number, the species, date of birth, sex and any other information the Board considers appropriate.
 
The Board would also be required to maintain the identification system in a centralized data system and determine the official identification technology to be used to track animals. 
 
Within nine months after enactment, the bill requires the Secretary to establish a premise identification system for all premises in the U.S.  Premise is defined as “a location that holds, manages, or boards animals.  [Note:  It is not clear whether “animal” includes horses and whether locations that hold horses are premises but presumably they are because of state requirements.]  Information required includes the premise identification number, the entity that owns or controls the premise, contact information, the type of operation and the date the premise number was assigned.
 
In addition, under the King bill, livestock and premises information collected for the system will be exempted by law from the Freedom of Information Act.  It also imposes other restrictions on the release of information, primarily limiting its release only in the case of a disease threat and only to those involved in handling such a threat.
 
Enforcement lies with the USDA, but there are no provisions for civil or criminal penalties.  If the Secretary finds an animal is not identified he/she could require identification prior to its being moved.  If an owner of livestock not covered by the legislation, such as horses, voluntarily subjects his animal to the identification system, he still would not be subject to USDA enforcement.
 
The bill authorizes $33 million to be appropriated for Fiscal Years 2006 through 2008 for implementation of the identification system.
 
Congressional Action 
 
All of the bills have been referred to the House Agriculture Committee.  No hearings have been scheduled yet.
 
AHC Position
 
The AHC will be guided by the Equine Species Working Group regarding positions on these bills and other federal legislation that may be introduced on identification.
 
 
 

 

 

 

 

 

 

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