Below are the significant statutes, regulations, or programs enacted or being considered as of press time, along with necessary actions (such as to not support passage of pending legislation, or to repeal or amend existing legislation). We urge you to examine the relevant statutes and rules referred to here. Whenever you write your representatives and senators that you oppose particular legislation, always add the phrase “and anything similar.” These suggestions should not be used as legal advice, which can be given only by an attorney licensed to practice law in the relevant jurisdiction and familiar with the facts of the individual matter.

As of July 2006

Federal
Federal Appropriations—This bill provides funding for USDA activities in the coming year, including money to give grants to states and private entities to promote NAIS and begin implementating all three phases (premises registrations, animal identification, and animal tracking). The House passed HB 5384 and the Senate is considering its appropriations bill for the USDA for 2007. A conference committee on this bill will likely meet in September.

Farm Bill—This bill establishes the authority of USDA for the coming year. It is not clear when this bill will come up for a vote, although probably not until after the election.
Action—Continue to write your Representatives and Senators about the need to make any animal identification program completely voluntary, not government sponsored. Go to candidate forums over the coming months and voice your opposition to the NAIS.

States
Alaska—House Bill 380 was passed and signed into law by the governor. It provides for seizure and destruction of animals by the state to prevent the spread of contagious disease. It requires notice and a hearing be given to the owner that the animals are an immediate threat to the health or safety of other animals or the public.
Action—Keep up pressure on state legislators and the governor by writing letters, informing them that this issue will be closely watched, and unfounded seizure and destruction of animals is unacceptable.

Indiana—Premises registration becomes mandatory September 1, 2006. The Board of Animal Health has stated horses are not included at this time, but Indiana law includes them.
Action—Work to repeal statute. Write your state legislators.

Maryland—Registration of all poultry facilities required, starting with backyard flocks and later moving to commercial flocks.
Action—Urge repeal.

Massachusetts—The state is using Mass. Gen Laws Section 129, which provides for the protection of animal health, as the basis for registering all livestock premises in the state. This activity is occurring without the landowners’ agreement. The Commissioner of Agriculture has stated that the information is being shared with the Federal government.
Action—Write and call state legislators and the governor, letting them know that this stretching of the existing laws is unacceptable.

Michigan—Under the auspices of the tuberculosis program, the state has enrolled many farmers in the NAIS database and has mandated that they use electronic identification for their cattle by March 2007.
Action—Write your state legislators to object to this misuse of the tuberculosis program.

Vermont—The hearings promised by the Vermont Agency of Agriculture are now scheduled and will be held between July 25, 2006, and August 17, 2006. For a list of dates and locations contact Stephanie Parks, Premises Registration Coordinator, 802-828-2421 or visit the Vermont State Analysis page at www.libertyark.net.

County Initiatives
Anti-NAIS activists in various communities across the country are proposing County Resolutions against the NAIS and state activities. These resolutions put states and the federal government on notice that whole communities are against the NAIS. Sample resolutions may be obtained by writing Judith McGeary, Esq., a member of the Steering Committee of the Liberty Ark Coalition, at 8308 Sassman Road, Austin, TX 78747 or .

Please examine the statutes and rules relevant to your location. The above suggestions should not be used as legal advice, which can be given only by an attorney licensed to practice law in the relevant jurisdiction, and familiar with the facts of an individual matter.

Karin Bergener of Revenna, Ohio, is an attorney and co-founder of the Liberty Ark Coaltion, a group working to stop the National Animal Identification System (NAIS) and equivalent state programs. . If you are collecting signatures on her petition she asks that you please mail in all currently signed petitions, but continue to circulate new petitions. For the latest information on pending federal and state legislation, visit their website at www.libertyark.net.

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