AN ACT RELATIVE TO FARM PROTECTION - 1472


Be it enacted by the Senate and House of Representatives in General Court assembled, And by the authority of the same, as follows:
The Commonwealth of Massachusetts finds the following:

(A) This Commonwealth has entered into agreements with the federal government of the United States, and otherwise may have participated in establishing a National Animal Identification System (hereinafter "NAIS").

(B) Neither the United States Department of Agriculture nor the Massachusetts Department of Agricultural Resources (hereinafter "MDAR") has demonstrated any scientific findings that the NAIS will prevent the spread of diseases of animal origin to humans or to other animals, or will benefit animal or public health.

(C) Sustainable animal husbandry practices, which include adequate space, appropriate feed, and access to pasture, fresh air and sunlight are important in promoting animal health and thus preventing the spread of diseases of animal origin.

(D) The establishment of NAIS is detrimental to small and sustainable animal husbandry farming operations, individual ownership and raising of livestock, and the citizens of this State.

SECTION 1. Cooperative Agreement Termination:
MDAR shall withdraw any pending application for USDA NAIS Cooperative Agreement funding for FY 2007; or, in the event that the USDA already has granted funding and a Cooperative Agreement for FY 2007 already has been executed, MDAR shall return any FY 2007 funding to the USDA and rescind any existing Cooperative Agreement for FY 2007.

SECTION 2. Citizens Data Upload Termination:
MDAR shall immediately cease sending data on the Commonwealth's citizens and animal premises to the USDA National Premises Information Repository.

SECTION 3. Notification and Data Removal:
MDAR shall: (a) immediately notify all citizens whose premises information previously has been submitted to the USDA National Premises Information Repository without their specific authorization; and (b) develop a procedure with the USDA whereby such Massachusetts data will be expunged from the USDA National Premises Information Repository.

SECTION 4. Official animal identification programs prohibited; exceptions:***
(A) Except as provided in subsection (B), unless specifically authorized by law, the MDAR shall not establish or participate in:
(1) Any program of livestock animal identification;
(2) Any program of registration of premises on which livestock is held.

(B) Subsection A does not apply to any program for the control of the following diseases, to the extent of the Commonwealth's participation in the program on the effective date of this section:
(1) Tuberculosis;
(2) Brucellosis;
(3) Johnnes' Disease;
(4) Pseudorabies;
(5) Equine Infectious Anemia;
(6) Transmissible spongiform encephalopathy's (TSE's), including Bovine Spongiform Encephalopathy, Scrapie, and Chronic Wasting Disease.

SECTION 5. Protection Against Discrimination:
No person or government entity may condition a service, benefit, license, payment, or permit on participation in the NAIS or any substantially similar federal, state, or private program. ****

AN ACT RELATIVE TO SUSTAINABLE FARMING PROTECTION
2166/1324

Be it enacted by the Senate and House of Representatives in General Court assembled,And by the authority of the same, as follows:

SECTION 1. (A) This Commonwealth has entered into agreements with the federal government of the United States, and otherwise may have participated in establishing a National Animal Identification System (hereinafter "NAIS").

(B) Neither the United States Department of Agriculture nor the Massachusetts Department of Agricultural Resources (hereinafter "MDAR") has demonstrated any scientific findings that the NAIS will prevent the spread of diseases of animal origin to humans or to other animals, or will benefit animal or public health.

(C) Sustainable animal husbandry practices, which include adequate space, appropriate feed, and access to pasture, fresh air and sunlight are important in promoting animal health and thus preventing the spread of diseases of animal origin.

(D) The establishment of NAIS is detrimental to small and sustainable animal husbandry farming operations.

SECTION 2. : Cooperative Agreement Termination

MDAR shall withdraw any pending application for USDA NAIS Cooperative Agreement funding for FY 2007; or, in the event that the USDA already has granted funding and a Cooperative Agreement for FY 2007 already has been executed, MDAR shall return any FY 2007 funding to the USDA and rescind any existing Cooperative Agreement for FY 2007.

SECTION 3. : Citizens Data Upload Termination
MDAR shall immediately cease sending data on the Commonwealth's citizens and animal premises to the USDA National Premises Information Repository.

SECTION 4. : Notification and Data Removal
MDAR shall: (a) immediately notify all citizens whose premises information previously has been submitted to the USDA National Premises Information Repository without their specific authorization; and (b) develop a procedure with the USDA whereby such Massachusetts data will be expunged from the USDA National Premises Information Repository.

Below are the two Massachusetts bills that have been filed. SHA and the LAC initially proposed a much longer bill, which you can read here. NOFA/Mass proposed the language that was ultimately filed as Senate Docket 2166/ House Docket 1324. In an attempt to find a compromise acceptable to both organizations, SHA then proposed the language that was ultimately filed as SD 1472. As you can see, the first few sections of the bills are almost identical, with SD 1472 simply adding additional protections.

***= This section bars any premises registration or animal identification program from being established, whether it is called "NAIS" or not. The section specifically exempts certain diseases that have been recognized as infectious and dangerous, allowing the State to continue important existing programs. At the same time, the section prevents the MDAR from expanding those programs as a back-door method of implementing NAIS. (For example, in Michigan, the Ag Department has used their tuberculosis program to implement mandatory RFID tagging of cattle, without calling it "NAIS.")

Rabies has been mentioned in the discussion, but livestock are not tagged for rabies. That is a domestic animal/pet program. Not all livestock are required to be rabies vaccinated, and none are tagged for it. This section applies only to livestock.

No statute could stop the Legislature from creating a new program or expanding the existing programs as needed in the future - only a constitutional amendment could bind future Legislatures from ever doing that. This section simply stops the MDAR from implementing NAIS on its own initiative, which we've seen happening already. If there is a legitimate need for a new disease-specific program, or expansion of an existing program, the Legislature can always give MDAR authority in the future.

****= We have seen people in many states being told they have to sign up for NAIS if they want to participate in 4-H, sell at a local sales barn, or ____ (fill in the blank with a service or activity related to livestock). Because of the level of control Agri-business has over agriculture in this country, both government-run programs and private programs pose significant risks that people will be forced to participate in order to conduct their normal activities. This sort of coercion is also a risk if the Legislature gives the MDAR authority in the future for any new or expanded programs. So this section states that no federal, state, or private program that is similar to NAIS can be the basis for discriminating against animal owners. It's simply added protection.