Action Alert
September 11, 2007
Public hearing on proposed regulation to tag dairy cows
Earlier this summer, the Texas Animal Health Commission (TAHC) proposed a new regulation that would require all dairy cattle being transported within Texas to be identified with an "official identification device or identification device approved by the Commission." Liberty Ark sent out an action alert urging everyone to submit comments on the proposed regulation. Thank you to those who sent comments to the agency!
The TAHC has released the agenda for its next meeting, and the Commission will be considering adoption of the proposed regulation. This is the last chance for people to have input on the proposed regulation!
WHERE: TAHC's main office, 2105 Kramer Lane, Austin, Texas.
WHEN: Tuesday, September 18th, 2007. The meeting begins at 8:30 a.m. We don't know what time they'll get to the proposed regulation, although it will probably be mid-morning.
WHAT: Opportunity for public comment on proposed regulation.
We urged everyone to submit written comments on the proposed regulation because we all have to stand together on this issue, regardless of what type of animal we own. For purposes of the Commission meeting, though, it is especially important that people who have dairy cattle come to the meeting. The Commissioners will pay the most attention to what diary owners have to say, since they are the ones who are directly affected. So if you own a dairy cow, plan to come to the meeting next Tuesday! Don't own a dairy cow? Make sure any dairy farmers in your area know about the proposed regulation and the meeting, so that they can come!
Some background on the proposed regulation is below. You can read
the proposed tagging regulation, as well as other proposed
regulations, at:
www.sos.state.tx.us/texreg/archive/June82007/PROPOSED/4.AGRICULTURE.html.
BACKGROUND/TALKING POINTS
The Texas Animal Health Commission (TAHC) has proposed a new regulation, 4 TAC section 43(n), which provides that all dairy cattle being transported within Texas shall be identified with an "official identification device or identification device approved by the Commission." The stated reason for the requirement is based on the risk of tuberculosis (TB) exposure from untested dairy cattle.
The proposed regulation is unnecessary. According to TAHC, the risk of tuberculosis infection is coming from out of state - so the agency should be focused on entry requirements and testing out of state cattle coming in to Texas, not burdening in-state producers.
The proposed regulation also opens the door for the agency to require RFID tagging and NAIS premises registration requirements for dairy cattle. The proposed regulation limits the identification to a "device," which may or may not include traditional forms of identification such as tattoos and brands. We've already seen a similar approach in Michigan. The Michigan Department of Agriculture made a "policy decision" that the only form of acceptable identification under its tuberculosis program was NAIS-compliant RFID tags, complete with premises registration!
The proposed Texas regulation by itself won't force dairy cattle owners to register and use electronic tags. But it would be very easy for the agency to take that next step whenever it chooses to, with no additional regulations or notice.
The Farm and Ranch Freedom Alliance, a Liberty Ark member,
submitted comments that explain the issue in more detail. You can read
the comments at:
farmandranchfreedom.org/content/files/7.18.07%20Comments%20on%20proposed%20TB%20regs.pdf.
The proposed regulation can be found at:
www.sos.state.tx.us/texreg/archive/June82007/PROPOSED/4.AGRICULTURE.html#13.
And you can read the TAHC's meeting minutes at:
http://www.tahc.state.tx.us/news/meetings/Synopsis_CommMtg_May2007.pdf. The
discussion of the proposed TB regulation starts on page 3.
As always, if you have any questions, contact us at noah@libertyark.net