FW: News from Farm-to-Consumer Legal Defense Fund

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Does BIG Brother speak out of both sides of his mouth??? NAIS is only voluntary and it has been reported that the EPA cow tax was not a serious proposal. Does Big Brother think we dont understand ENGLISH, or nefarious intentions. Don

Date: Mon, 8 Dec 2008 04:31:54 -0500From: president@...To: witsen@...Subject: News from Farm-to-Consumer Legal Defense Fund

December 6, 2008

Farm-to-Consumer Legal Defense Fund ACTION ALERT

In This Issue

USDA Memo

Help Us Fight NAIS!

More Details About the Memo

Quick Links

Farm-to-Consumer Legal Defense Fund

Farm-to-Consumer Foundation

Farm and Ranch Freedom Alliance

Weston A. Price Foundation

Dear ,

The USDA and the Michigan Department of Agriculture have filed motions to dismiss our lawsuit to stop NAIS. The motions raise a range of arguments, ranging from the Fund's standing to sue, to the merits of the claim. Both agencies repeatedly claim that "NAIS is voluntary." The Fund will be filing its response to these motions in January.

Even as the agencies try to deny the clear facts of what they have done in Michigan, the USDA recently issued a memo that confirms what the Fund has stated in its lawsuit: NAIS is not voluntary. The memo, addressed to USDA's "Veterinary Services Management Team", requires NAIS premises registration for various disease program activities. (Veterinary Services Memorandum No. 575.19) The memo includes activities such as vaccinations, testing, and applying official ear tags, for programs for every livestock species, ranging from brucellosis to scrapies to equine infectious anemia. One of the most important aspects of this memo is that people who refuse to have their farms registered will be registered against their will. Thus, USDA has officially abandoned the supposed "voluntary" nature of NAIS.

This USDA memo is, unfortunately, consistent with what USDA has been actually doing with NAIS for quite a while - forcing and coercing people into it. The Fund's complaint, filed on September 8 in the District Court for the District of Columbia, includes multiple claims based on the USDA's forcible implementation of NAIS. You can read the complaint at: NAIS Complaint. Our responses to the agencies' motions to dismiss will also be posted on the website after they are filed in January.

HELP US FIGHT NAIS!

USDA has now admitted what we already knew - NAIS is not really voluntary. The fight against NAIS will take many forms, from state legislation to Congressional funding. The Fund's lawsuit is a key part of the fight. It's going to be a long, hard fight with the federal government, and we need your financial support. Please send your most generous contribution - and encourage your friends and neighbors to do the same - to Farm-to-Consumer Legal Defense Fund, 8116 Arlington Blvd, Suite #263, Falls Church, VA 22042. Or donate online to the Farm-to-Consumer Foundation

More Details About the Memo USDA has failed to follow any of the administrative procedures required to create enforceable regulations when it issued this new step in NAIS. So the legality of the memo is highly questionable. Regardless of its enforceability, however, the memo clearly sets out USDA's plans for implementing NAIS. Here are some excerpts from the memo: · USDA is requiring NAIS premises registration "as the sole and standard location identifier" for activities relating to any disease regulated through the Code of Federal Regulations, for emerging or re-emerging disease, and for foreign animal diseases (page 1)· People who refuse to voluntarily register their properties in NAIS will be registered against their will: "If the person responsible for the premises chooses not to complete the form to register his/her premises, either the animal health official or an accredited veterinarian will collect the defined data fields." (page 2)· The memo applies to federal animal health authorities, state animal health authorities, and private veterinarians who are accredited for federally regulated diseases (page 1)· Any veterinarian who is accredited for a federally regulated disease is subject to the USDA's edict to involuntarily register his or her clients: "A PIN is required for activities performed at a premises by a State or Federal animal health authority or an accredited veterinarian for any disease that is regulated through Title 9 of the Code of Federal Regulations." (page 4)· The listed disease programs for which a PIN will be required include:o Tuberculosiso Brucellosiso e's diseaseo Pseudorabieso Scrapieo Chronic Wasting Diseaseo Low pathogenic Avian Influenza of the H5/H7 strainso Communicable diseases in horses, asses, ponies, mules, and zebras, which would include equine Infectious Anemia o Texas (splenetic) fever in cattleo Scabies in cattleo Exotic Newcastle disease and chlamydiosiso Poultry health as addressed in the National Poultry Improvement Plano Swine Health

· The activities that will result in being registered in NAIS include:o Vaccinationso Diagnostic testso Certifications (other than certificates of veterinary inspection)o Application of official eartags or backtags (page 5)

· USDA states that PIN's are not required for "participation in voluntary programs," but does not explain which those would be (p.6)

With Warm Regards,

Pete Kennedy, Farm-to-Consumer Legal Defense Fund

Interim President

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