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 May 2006

Federal
New Implementation Plan—On April 6, 2006, the USDA announced a new plan and published “Strategies for the Implementation of NAIS” stating that participation is voluntary, but if 100% participation isn’t achieved by voluntary registrations, USDA will start the rule making-process for mandatory participation.
Action—Urge abolition of NAIS.

Registration of Farm products—Hay farmers are asked to register their farms and their hay, based on FDA rules under the Bioterrorism Act of 2002.
Action—Restrict, amend, or repeal the Public Health Security and Bioterrorism Preparedness and Response Act of 2002. Require government agents to say exactly what legal basis they have for these reports.

Farm Bill—This bill, which does not yet have a number but will be acted on during the Fall of 2006, provides funding for USDA and NAIS.
Action—Urge representatives and senators to make funding conditional on NAIS being voluntary and require full disclosure of the program and its purposes to all participants.

States
Alabama—HB 254 passed by the Legislature on April 18, 2006, but was not signed by governor as of press time. This bill establishes a voluntary animal identification program “consistent with” NAIS. This program will become mandatory immediately when NAIS becomes mandatory.
Action—Urge representatives to repeal or keep voluntary.

Indiana—Indiana has already adopted rules making premises registration mandatory for most animal owners by September 1, 2006.
Action—Urge repeal of these rules.

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

Minnesota—Voluntary premises registration is in place; see Minnesota Board of Animal Health at www.bah.state.mn.us.
Action—Urge representatives to repeal or keep voluntary.

Missouri—The Missouri Senate has adopted a resolution urging that NAIS be kept voluntary (Senate Concurrent Resolution No. 31). The House is considering a stronger resolution, stating that the Missouri General Assembly would “strongly oppose any mandatory” NAIS (House Committee Substitute for House Concurrent Resolution No. 33). An appropriations bill for the Department of Agriculture would forbid the use of state funds to implement NAIS (HB 1006, Section 6.075).
Action—Urge your representative to support House Resolution No. 33 and HB 1006, Section 6.075.

Texas—TAHC has put off mandatory premises ID decision until 2007. Representative Bryan Hughes has introduced HB 47 to amend last session’s HB 1361, establishing premises registration. The amendment will make premises registration voluntary.
Action—Support Amendment being introduced and urge that it include a provision requiring full disclosure of the program to all participants and offering the opportunity to those already registered to withdraw.

Tennessee—Representative Frank Nicely is working on alternative legislation, HB 3297; this proposal includes non-electronic tags. Legislation has been put in study committee.
Action—Track this legislation and write your own representative. Urge no animal identification or premises registration system.

Vermont—Hearings were held April 11, 2006. Vermont Agency of Agriculture will soon make public their rule regarding premises registration. Agency officials have said three public comment hearings will be scheduled for June. The rule would affect all owners of animals except, at this time, cats and dogs. A final rule is expected to be brought to legislators for approval within six months. The Agency has indicated that its rule will include fines in the $5,000 range for each failure to comply.
Action—Prepare to attend public hearings. Urge representatives to vote against premises registration; as a second option, make it voluntary.

Wisconsin—Mandatory registration of all premises housing any animal other than a cat, dog, or rabbit became effective January 1, 2006. Places with fish or exotic birds such as parrots, lovebirds, and parakeets are included.
Action—Repeal entirely.

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. For the latest information on pending federal and state legislation, visit their website at www.libertyark.net.

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