OMAHA (DTN) -- USDA's rule requiring electronic identification (EID) eartags for cattle traveling across state lines went into effect Tuesday, Nov. 5.
Meanwhile, the New Civil Liberties Alliance (NCLA) has filed a lawsuit on behalf of the Ranchers-Cattlemen Action Legal Fund United Stockgrowers of America (R-CALF USA), the South Dakota Stockgrowers Alliance, and the Farm and Ranch Freedom Alliance, as well as individual producers.
The lawsuit filed in the U.S. District Court of South Dakota on Oct. 30 asks the court for an order to vacate the EID final rule and permanently block USDA's Animal and Plant Health Inspection Service (APHIS) from enforcing the rule or requiring producers to use EID or radio frequency identification (RFID) tags.
EID REQUIREMENTS
Under the rule initially announced last April, the following classes of cattle and bison are required to have visibly readable EID tags for interstate movement:
-- Sexually intact cattle and bison 18 months or older.
-- Dairy cattle of any age.
-- Cattle and bison of any age used for rodeos, shows, or exhibitions.
EID tags have a unique 15-digit number that is printed on the tag.
USDA has stated the rule will help producers by making it easier to track animals during an animal-disease outbreak. "ADT (animal disease traceability) allows a much more focused response that does not require quarantine of nearly as many herds. This is especially important to allow as many producers as possible to continue their business without disruption," USDA stated.
APHIS is currently providing EID tags for free through state veterinarian offices. Producers should contact their state veterinarian offices about the availability of these tags.
LEGAL CHALLENGE
In a webinar on Facebook Live on Monday, leaders from R-CALF and NCLA detailed their case against the rule. Kara Rollins, an attorney for NCLA, said the U.S. Supreme Court decision earlier this year overturning deference for federal agencies plays in favor of the case because USDA does not have specific authority under the Animal Health Protection Act to require EID tags.
"All they have done is make you pay for a more expensive tag that you are going to use in the same exact way," she said.
Rollins and others noted there were more than 2,000 public comments on the rule, and they were overwhelmingly opposed to it.
USDA estimated the number of cattle affected by the rule would be about 11 million head per year. That appears to limit the total costs of the rule, but Rollins said she and others believe the number of cattle that will be required to receive tags is significantly higher.
Rollins also questioned whether regulations enacted by the ag secretary can lead to civil and criminal penalties.
Bill Bullard, CEO of R-CALF, said USDA is trying to "unlawfully manage how you run your operation." Bullard added, "What this clearly is is the government overreaching their authorities."
Bullard added, "This is about control. It's about gaining more managerial control over the livelihoods of independent livestock producers, in fact, dictating to them how they must manage their cattle as a condition on moving them across state lines."
NCLA also has requested USDA delay implementation of the rule. A spokesperson for APHIS declined to provide a comment about the lawsuit but stated to DTN that the rule went into effect on Tuesday, Nov. 5.
For more details, see
https://www.aphis.usda.gov/….
Also see "New Ruling Requires EID Ear Tags for Cattle Interstate Movement" here: https://www.dtnpf.com/….
Chris Clayton can be reached at Chris.Clayton@dtn.com
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