Title: An act relating to animal identification programs.

Brief Description: Creating a livestock identification advisory committee.

Sponsors: By House Committee on Agriculture & Natural Resources (originally sponsored by Representatives Pearson, Kretz, Dunshee, B. Sullivan, Kristiansen, Warnick and Haler).

Brief History:

Agriculture & Natural Resources: 2/21/07, 2/26/07 [DPS].

Floor Activity:

Passed House: 3/12/07, 98-0.

HOUSE COMMITTEE ON AGRICULTURE & NATURAL RESOURCES

Majority Report: The substitute bill be substituted therefor and the substitute bill do pass. Signed by 14 members: Representatives B. Sullivan, Chair; Blake, Vice Chair; Kretz, Ranking Minority Member; Warnick, Assistant Ranking Minority Member; Dickerson, Eickmeyer, Grant, Hailey, Kagi, Lantz, McCoy, Newhouse, Orcutt and VanDeWege.

Staff: Meg Van Schoorl (786-7105).

Background:

National Animal Identification System (NAIS)
In 2004, the United States Department of Agriculture (USDA) initiated the NAIS as an information system to support ongoing animal disease monitoring, surveillance, and eradication programs. The system was planned to be used in all states to identify and track animals as they came into contact and commingled with animals other than those in their premises of origin. The system was intended to enable animal health officials to trace a sick animal or group of animals back to the herd or premises that was the most likely source of infection. A stated long-term NAIS goal was to be able to identify all premises and animals that had direct contact with a foreign animal disease or domestic disease of concern within 48 hours of discovery. Species included in the NAIS are: bovine (cattle, bison), swine, sheep, goats, equine (horses, mules, donkeys), poultry, camelids (llamas, alpacas) and ratites (emus, ostriches).

The USDA published a draft Strategic Plan in April 2005 that called for mandatory premises registration and animal identification for cattle by January 2008. In April 2006, the USDA announced new timelines and benchmarks with a goal of achieving full producer participation by 2009. The USDA has since announced that the NAIS will be a voluntary, rather than a mandatory program.

The NAIS implementation was to involve both the federal and state Departments of Agriculture in three phases: premise registration; animal identification; and animal movement reporting.

The first phase, premise registration, would be a state and tribal responsibility. A premise is a location where animals are housed, held, or commingled. The Washington State Department of Agriculture (WSDA) began voluntary premise registrations in January 2005. Twelve hundred and seventy-four Washington premises (about 6 percent of the total) have registered to date.

The second phase of NAIS was to involve issuance of unique individual or group lot animal identification numbers. Nationally, a number of industry/government species-specific workgroups have formed to consider which types of identification will work best for their particular animals. Methods under consideration include radio frequency identification tags, retinal scans, DNA, and other options.

The third phase was to focus on collection of information on animal movement from one premise to another.

Cattle Identification Advisory Committee
In 2006, the Legislature passed Substitute House Bill 3033, requiring the WSDA Director to appoint an advisory committee composed of representatives from various segments of the cattle industry to evaluate the NAIS requirements; research how other states are implementing the requirements for cattle; evaluate demonstration projects conducted by the WSDA; and recommend a plan for implementing the federal requirements in Washington for the cattle industry, including funding amounts and sources, with a report to the Legislature by December 2006. The Cattle Identification Advisory Committee was appointed, convened, and has produced its progress report: "Implementation of the National Animal Identification System in Washington: Activities and Recommendations of the Cattle Advisory Committee."

Summary of Engrossed Substitute Bill:

The WSDA is directed to convene a Livestock Identification Advisory Committee (Committee) by July 1, 2007.

The Director (Director) of the WSDA is required to consult with a broad range of stakeholders who may be impacted by implementation of a mandatory or voluntary national or state animal identification system, or components of these systems. The Director must appoint one or more Committee members from:

• the commercial livestock industry, including cattle feeders and producers of beef and dairy cattle, horses, sheep, poultry, and swine;
• noncommercial livestock owners, including those who raise animals as a hobby or as a source of supplemental income, barter, food for the family, or recreation;
• educational and recreational organizations such as horse-riding associations, community fairs, and youth groups;
• concerned citizens who have a stake in the issue; and
• additional members as the Director thinks necessary.

The Director shall also invite one member from an Indian tribe to join the Committee. The Committee will be chaired by the Director or the Director's designee, and be staffed by the WSDA.

In conjunction with the WSDA, the Committee must:

• review the recommendations made by the Cattle Identification Advisory Committee for implementation of a voluntary National Animal Identification System in Washington;
• assess the impacts of such a system, whether federal or state only, on the commercial livestock industry, noncommercial livestock owners, livestock-related educational and recreational organizations, concerned citizens, and federally recognized tribes, including: costs, domestic and international commerce, animal health, privacy rights, and other potential impacts; and
• recommend to the WSDA whether and how to implement a voluntary animal identification system in Washington.

The WSDA, in conjunction with the Committee, must submit a written report of its findings and recommendations to appropriate committees of the Legislature by January 1, 2008.

This section expires June 30, 2008.

Appropriation: None.

Fiscal Note: Requested 3/13/07.

Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.

Staff Summary of Public Testimony:

(In support) The prohibitions in this bill are needed. When the state entered into its cooperative agreement with the USDA, we were bound into much more than the National Animal Information System (NAIS). The NAIS is portrayed as a voluntary program, but when as a livestock owner, I asked the Department to remove me from its record base, they refused. The credibility of the USDA has been damaged by the change from a mandatory system to a voluntary system - what will it be next week? The state has adequate animal disease laws and emergency plans already on the books that do not invade people's privacy. The goals of NAIS can be achieved through existing data bases. As an owner of one to two horses, I am concerned that the NAIS will apply to me when I transport my horses from one premise to another. There were no equine representatives on the Cattle Identification Advisory Committee. The NAIS would violate property rights and religious freedoms, eliminate the local food system, and could eliminate 4-H clubs and county fairs. The problems of NAIS include paperwork, unconstitutional intrusions, and cost. Private industry can set up a voluntary system and use it as a marketing tool if desired. Ear tags and radio frequency identification tags are proving to be a tremendous problem.

(Opposed) The intent section finding that "existing means for identifying and tracking animals has been sufficient" is contrary to all of my experience. With the mad cow incident in our state, the WSDA worked for six or eight weeks straight and only located information on half the cattle they were looking for. In England, having an identification system in place made it possible to trace livestock during the foot and mouth disease outbreak and avert a total disaster. Anyone who wants to participate on the Cattle Identification Advisory Committee can, but it was primarily set up to address commercial livestock industry concerns. While the USDA's waffling was admittedly very detrimental, there are better ways than this bill to address those problems. The reasons for supporting an animal identification system include food safety, consumer confidence, protection of livestock industry, and competitiveness in international trade.

Persons Testifying: (In support) Representative Pearson, prime sponsor; Celeste Bishop, NoNAIS; Darryl Wallace, Backcountry Horsemen of Washington; Fran Ogren; Tim Kunka and Ted Wishon, Cattle Producers of Washington; and Rene C. Holaday.

(Opposed) Jay Gordon, Washington State Dairy Federation; Jim Jessernig, AB Foods; and Patrick Connor, Washington Farm Bureau.

Persons Signed In To Testify But Not Testifying: Eddie Armstrong, Washington State Horse Council; Mark Ellis; and Chris Cheney, Fryer Commission.