HB 495 unanimously approved by the Senate!

Many thanks to all the people who called the Senate Agriculture Committee and their Senators! Your calls worked! On April 2, HB 495 was unanimously approved by the Senate. It has been sent to the Governor, and awaits his signature.

HB 495 prohibits the state of Kentucky from implementing a mandatory NAIS in the absence of a federal requirement. The agency would be allowed to implement a mandatory program only if the USDA took final action under the Administrative Procedures Act mandating NAIS. Final action would not include draft documents such as the USDA has done to date. HB 495 also prevents the state from coercing people into a so-called voluntary NAIS by barring the state from penalizing any farmer or withholding goods, services, licenses, permits, grants or other benefits based on non-participation in any portion of NAIS.

TAKE ACTION

1) Call the Governor. You can call (502) 564-2611 or use this online contact form. Ask him to sign HB 495.

2) Send a Thank You to the members of the Senate Agriculture Committee:

Sen. Tom Jensen (R), Chairman
Estill, Jackson, Laurel, Menifee, Powell
606-878-8845

Sen. Vernie McGaha (R), Vice-Chair
Adair, Casey, Pulaski, Russell
270-866-3068

Sen. David Boswell (D)
Daviess, McLean
270-771-4921

Sen. Ernie Harris (R)
Carroll, Henry, Jefferson, Oldham, Trimble
502-241-8307

Sen. Dan Kelly (R)
Marion, Mercer, Nelson, Taylor, Washington
859-336-9048

Sen. Bob Leeper (I)
Ballard, Marshall, McCracken
270-554-2771

Sen. Joey Pendleton (D)
Christian, Logan, Todd
270-885-1639

Sen. Dorsey Ridley (D)
Caldwell, Crittenden, Henderson, Livingston, Union, Webster
270-826-5402

Sen. Richie Sanders (R)
Allen, Barren, Edmonson, Green, Metcalfe, Simpson
270-586-5473

Sen. Ernesto Scorsone (D)
Fayette
859-254-3681

Sen. Brandon Smith (R)
Bell, Harlan, Leslie, Perry
606-436-4526

Sen. Damon Thayer (R)
Grant, Kenton, Owen, Scott
859-621-6956

URGENT ALERT
March 17, 2008
Call your Senator today to fight NAIS in Kentucky!

HB 495 is in trouble in the Senate. The word is that Chairman Jensen plans to kill the bill by never allowing it to be heard by the Senate Agriculture Committee. We urgently need calls!!! The next Committee meeting is this Thursday, March 20. It’s important that HB 495 be heard this week, because time is running out in the session.

PLEASE CALL NOW!

The legislative message line is 1-800-372-7181

1) Leave a message for Senator Jensen
2) Leave a message for the entire Senate Ag Committee

MESSAGE: I want HB 495 heard by the Senate Ag Committee this week. Please vote YES on HB 495. I do not want Kentucky to implement the National Animal Identification System.

3) Leave a message for your Senator, asking him or her to contact Senator Jensen on your behalf and encourage him to put the bill on the agenda for Thursday’s committee meeting. To find out who your Senator is, click here.

If you have a few minutes, call each of the members of the Agriculture Committee directly. Their contact information is below. Talk with the staff about why you are against NAIS and why HB 495 is important. More talking points are below.

HB 495 prohibits the state of Kentucky from implementing a mandatory NAIS in the absence of a federal requirement. It also prevents the state from coercing people into a so-called voluntary NAIS by barring the state from penalizing any farmer or withholding goods, services, licenses, permits, grants or other benefits based on non-participation in any portion of NAIS.

SENATE AGRICULTURE COMMITTEE
(Each Senator is listed with the counties he or she represents, and then their phone number)

Sen. Tom Jensen (R), Chairman
Estill, Jackson, Laurel, Menifee, Powell
606-878-8845

Sen. Vernie McGaha (R), Vice-Chair
Adair, Casey, Pulaski, Russell
270-866-3068

Sen. David Boswell (D)
Daviess, McLean
270-771-4921

Sen. Ernie Harris (R)
Carroll, Henry, Jefferson, Oldham, Trimble
502-241-8307

Sen. Dan Kelly (R)
Marion, Mercer, Nelson, Taylor, Washington
859-336-9048

Sen. Bob Leeper (I)
Ballard, Marshall, McCracken
270-554-2771

Sen. Joey Pendleton (D)
Christian, Logan, Todd
270-885-1639

Sen. Dorsey Ridley (D)
Caldwell, Crittenden, Henderson, Livingston, Union, Webster
270-826-5402

Sen. Richie Sanders (R)
Allen, Barren, Edmonson, Green, Metcalfe, Simpson
270-586-5473

Sen. Ernesto Scorsone (D)
Fayette
859-254-3681

Sen. Brandon Smith (R)
Bell, Harlan, Leslie, Perry
606-436-4526

Sen. Damon Thayer (R)
Grant, Kenton, Owen, Scott
859-621-6956

HB 495 would amend the Kentucky Statutes to limit the NAIS to a voluntary program only, with protections against coercion. The agency would be allowed to implement a mandatory program if the USDA took final action under the Administrative Procedures Act mandating NAIS. Final action would not include draft documents such as the USDA has done to date.

HB 495 passed the House by a vote of 88-6 on February 26, and has been assigned to the Senate Committee on Agriculture and Natural Resources.

Take Action

1) Contact the Senators on the Agriculture Committee. All phone numbers are 502-564-8100, and then the extension, unless otherwise indicated:

• Tom Jensen, Chair, ext. 604
  
• Vernie McGaha, Vice-Chair, ext. 656
  
• David Boswell, ext. 662
  
• Ernie Harris, ext. 605
  
• Dan Kelly, 502-564-2450
  
• Bob Leeper, ex. 712
  
• Joey Pendleton, 502-564-2470
  
• Dorsey Ridley, ext. 655
  
• Richie Sanders, ext. 624
  
• Ernesto Scorsone, ext. 608
  
• Brandon Smith, ext. 661
  
• Damon Thayer, ext. 644

You can also get their district information, emails, etc. by clicking on their names on the Committee's website.

Message: Support HB 495. I do not want Kentucky to implement the National Animal Identification System. The Committee should hold a hearing on HB 495 as soon as possible, and approve it.

2) Contact your Senator! If you do not know who they are, click here.

If you have a few minutes, ask to speak to the staffer who handles agricultural issues. Have a discussion. Ask them what they already know about NAIS, explain your objections to it, and respond to the issues they bring up. Stay in touch through email after the phone call, so that they know you really care about this issue.

The Committee usually meets on Thursdays, and the agenda is often only announced the day before! So we probably won't be able to let folks know when the bill will be heard. So call today -- it's important to educate the Senate Committee members now, through phone calls!

Talking Points

• NAIS will hurt Kentucky's economy:
• There has been no analysis at federal or state level that establishes the costs or benefits of NAIS.
• Costs of the program include the cost of the tags, hardware, software, time and labor
• Many small farmer and ranchers cannot afford these costs Service providers (veterinarians, feed stores, auction houses, meat processors, etc.) will be harmed when the farmers and ranchers go out of business.
• Remaining farmers will pass the costs on to consumers, lowering demand for local foods

• Neither the USDA nor the state agency has scientific proof that NAIS will improve disease control:
• It does not address the cause, treatment, or transmission of disease, in domestic or wild animals.
• It does not significantly improve on current methods for identification and tracking of disease.

• NAIS is not necessary for the market. Age- and source-verification is already available through the USDA's Process Verified Program
• NAIS will not improve food safety
• USDA itself has stated that this is not a food safety program
• Contamination of food with e. coli and other bacteria occurs at the slaughterhouse or afterwards, while NAIS will stop before that point.

• NAIS will not protect against terrorism and the technology is flawed
• The microchips chosen by the state can be cloned, destroyed, or infected with computer viruses, and reprogrammed. Any terrorist or thief can use this.
• The database of information, created by the state agency and available to USDA, will provide a target for hackers.

• NAIS infringes on people's constitutional rights, including due process, privacy, and religious freedom.
• NAIS unfairly attacks the rights of pet owners and those who raise animals as food for their family.
• USDA states that NAIS is voluntary at the federal level, so there is no "federal mandate" requiring Kentucky to implement this program
Other states are also rejecting or limiting NAIS, so Kentucky will not be disadvantaged by refusing to participate.

More Information

Proposed amendment:

On page 1, line 14, after "257.130," by deleting "if a person does not participate" and inserting in lieu thereof, "based solely on nonparticipation."

As passed by the Committee, the bill states:

AN ACT relating to animal identification.
Be it enacted by the General Assembly of the Commonwealth of Kentucky:

Section 1. KRS 257.497 is amended to read as follows:

(1) The board may promulgate administrative regulations necessary to carry out the provisions of the national animal identification system if the system becomes mandatory through final federal action in accordance with the Administrative Procedure Act, 5 U.S.C. sec. 500 et seq., as amended. If the system becomes mandatory, the administrative regulations shall be no more stringent than the federal law or regulations.
(2) As long as the national animal identification system is voluntary, the board shall not mandate or force participation in the system or any other similar system, including premise registration, animal identification, or the tracking or surveillance of domesticated animals.
(3) The board may not withhold indemnity as provided in KRS 257.120 and 257.130 if a person does not participate in the national animal identification system.
(4) No services, licenses, permits, grants, or other benefits or incentives shall be denied, revoked, or limited to a person on that person's lack of participation in the national animal identification system.
5) Nothing in this section shall be construed as prohibiting:

(a) The board from establishing or participating in disease control programs specifically designed to address a known disease in a specific species of livestock;
(b) The board from operating livestock identification, brand registration, or inspection programs as authorized under the Kentucky Revised Statutes; or
(c) Private agricultural industry organizations from establishing voluntary source verification programs for their own members or others who elect to participate.

(6) No city, town, county, or other political subdivision of the Commonwealth shall adopt or continue in effect any ordinance, resolution, rule, or regulation requiring participation in the national animal identification system or any other similar system. Local legislation in violation of this subsection shall be void and unenforceable.
(7) Except as provided in subsections (8) and (9)[(2) and (3)] of this section, the board shall not release any records, data, or information collected, recorded, or otherwise, deemed confidential for the purposes of the national animal identification system.
(8)[(2)] Any records, data, or information deemed confidential under application of subsection (7)[(1)] of this section shall be subject to inspection only upon order of a court of competent jurisdiction.
(9)[(3)] Nothing in this section shall limit the release of records, data, or information to another state or federal agency if the release of the information is necessary to prevent or control disease or to protect public health, safety, or welfare.

House Standing Committee on Agriculture and Small Business

The committee members are all listed here, and you can follow the links for each member's name to find their mailing address, fax, and district information. Toll-free numbers can be found here.

Below are the names of the committee members and their phone numbers. Dial 502-564-8100 and then punch in the extension number indicated. Everyone should call the chair and vice-chairs of the committee. If you have time, please also call the other members.

• Rep. Tom McKee [Chair], ext. 667
• Rep. Royce W. Adams [Vice Chair], ext. 627
• Rep. John A. Arnold [Vice Chair], ext. 709
• Rep. Mike Denham [Vice Chair], ext. 696
• Rep. Richard Henderson [Vice Chair], ext. 642
• Rep. Ken Upchurch [Vice Chair], ext. 673
• Rep. Johnny Bell, ext. 688
• Rep. Dwight D. Butler, ext. 640
• Rep. Mike Cherry, ext 665
• Rep. James R. Comer, ext. 613
• Rep. Milward Dedman, ext. 763
• Rep. C. B. Embry, ext. 710
• Rep. Jeff Greer, ext. 603
• Rep. Jimmy Higdon, ext. 602
• Rep. Charlie Hoffman, 502-564-2217
• Rep. Brad Montell, ext. 609
• Rep. Fred Nesler, ext. 638
• Rep. David Osborne, ext. 679
• Rep. Sannie Overly, ext. 752
• Rep. Don Pasley, ext. 630
• Rep. Rick Rand, ext. 619
• Rep. Tom Riner, ext. 606
• Rep. Steven Rudy, ext. 637
• Rep. Dottie Sims, ext. 719
• Rep. Tommy Turner, ext. 716
• Rep. Susan Westrom, ext. 740

Action Alert

Act Thursday, 8/23! Prepare to testify or submit written comments on proposed Kentucky Animal ID regulations
Testify on August 29th or submit written comments by August 31st
August 23, 2007

Kentucky Department of Agriculture has revised its proposed regulations
January 27, 2007

Press Releases

Kentucky Department of Agriculture is proposing new regulations to make NAIS mandatory.
January 11, 2007

Summary as of 2/22/07

On December 15, 2006, the Kentucky Department of Agriculture published proposed regulations that would make NAIS mandatory. In place of the 24-hour reporting requirement in the federal NAIS plans, the proposed Kentucky regulations would require a Certificate of Veterinary Inspection (CVI) for all movements, sales, and exhibitions, with only limited species-specific exceptions. "Exhibition" is defined to mean a "fair, show, exposition, rodeo, competition, or trail ride." "Movement" is defined as "the act of moving, shipping, transporting, delivering, receiving or collecting animals by any means, method, or vehicle by any person for any purpose." These broad definitions mean that almost every time an animal taken off the owners' property, it would need a CVI. By email on February 6, the State Veterinarian's office stated that the proposed regulations had been withdrawn to incorporate some public comments, and would be re-issued at some point in the future.