Liberty
Matters News Service
January 11, 2006
Alert
Animal Health Commission Proposes New Rules:
Texas Premises and Animal ID Program
The Texas Animal Health Commission (TAHC) is requesting comments on a proposed regulation for a Premises and Animal Identification program. On December 6, 2005, the TAHC adopted a program consistent with the National Animal Identification System (NAIS) and are asking comments be received by 5 p.m. Monday, February 6, 2006 (see details below). This initial phase is "premises identification" only.
This all began during the 79th Legislative Session, when Rep. Rick Hardcastle (R-Vernon @ 512-463-0526) and Senator Mike Jackson (R-Pasadena @ 512-463-0111) authored HB 1361, directing the Texas Animal Health Commission to prepare and implement an animal identification system consistent with the NAIS under Section 161.056, Animal Identification Program of the Texas Agriculture Code.
The purpose of the identification system is to locate animals suspected of carrying communicable diseases within 48 hours. The justification is that the current system is too cumbersome and infected animals could be overlooked.
The first phase of the program is for livestock owners to register the premises where the livestock are located. The program is "voluntary" and "free" until July 1, 2006. After that date there will be a $10.00 per year fee, which will be assessed biennially, totaling $20.00 for the two-year period. It will then be mandatory to register the premises.
Tagging of animals will become mandatory in 2008. At this time, only horses will be tagged with computer chips and other animals will have ear tags with animal identification numbers. Smaller animals like poultry will be given a group or lot number.
In order to comply with NAIS standards, Texas herds will be assigned an "Animal Identification Number (AIN)," a unique individual animal identification number assigned by the national numbering system for the official identification of individual animals in the United States. The format contains 15 digits: the first three are the country code (840 for the U.S.), and the following 12 digits are the animal's unique national number.
"NATIONAL HERD"
Concerns by individual landowners include the creation of what is being called a "national herd" where the government will potentially have access to vital information about every piece of land and every animal on the premises. In Texas, each piece of property with animals will have to be registered with a two-year $20 fee. All registered premises will then have to register and "tag" every animal including livestock, exotic livestock and fowl, domestic fowl, and poultry.
There are no exemptions provided. All land with animals will have to be registered as a premise. Anytime an animal leaves the premises, that animal will have to have an identification number. Exemptions are unknown and need to be clarified by the TAHC. If you comment, be sure to request clarification of any and all situations you think should be exempted.
PRIVACY AND PRIVATE PROPERTY
Concerns about protecting privacy of vital information and property rights are legitimate issues. A program requiring premises to be registered and animals to be identified has broad and serious privacy ramifications, as well as, the potential to control private property (livestock) through fines and possible jail time. It will also create more record keeping for the individual producer cutting his productivity and profit margin.
The information is to be excluded from the federal Freedom of Information Act (FOIA) and the Texas public disclosure requirements under the Texas Public Information Act, Chapter 552, Government Code. However, future actions by the Legislature and/or the federal government for "security" reasons may take that exclusion away and all information could become subject to open records requests. Others fear having this information in a central databank can lead to future privacy issues unforeseen under this program and much more control of their private businesses and private property.
Although "voluntary" and "free," the program becomes mandatory on July 1, 2006 and will cost $10 a year paid in two-year periods ($20). The law provides for fines and possible jail time for those landowners not in compliance. All fees can potentially increase over the years to cover administrative and bureaucratic overhead.
VIOLATIONS:
(1) Persons in violation of the regulations between July 1, 2006 and January 1, 2007, will be issued a warning from the TAHC and will be provided premises registration materials. (2) Persons who do not register their premises after receiving the warning are in violation and are subject to penalties, as provided under Section 161.056 or 161.148 of the Texas Agriculture Code (up to $1,000 a day). (3) Persons who have not registered their premises by January 1, 2007, are subject to penalties up to $1,000 a day.
SEND YOUR COMMENTS to: Delores Holubec by 5 p.m. Feb. 6, 2006 (a Monday).
1. E-mail to comments@tahc.state.tx.us,
2. Fax to 1-512-719-0721, or
3. Mail to: TAHC, Box 12966, Austin, TX 78711-2966.
For information, go to http://www.tahc.state.tx.us/animal_id/index.shtml or call the Texas Animal Health Commission: 512-719-0700.
For information on the National Animal Identification System (NAIS): http://animalid.aphis.usda.gov/nais/index.shtml
Texas Animal Health Commission - National Animal Identification System Premises Registration: http://www.tahc.state.tx.us/animal_id/TAHC_Form05-01_NAIS_Registration.rtf
Fact Sheet from the Texas Animal Health Commission - Premises Identification Proposed Regulations: http://www.tahc.state.tx.us/animal_id/2005Dec_Animal_ID_FactSheet.pdf
CONTACT YOUR STATE SENATOR AND REPRESENTATIVE