THE STEVENSON REPORT - MARCH 27, 2008

Proving the Case Against NAIS

The USDA is providing evidence for a good case against them on the implementation of the National Animal Identification System (NAIS). Any executive branch agency of government only has authority to act according to the authorization of the legislative branch. This is true of both federal and state level agencies.

For the implementation of NAIS, the USDA has claimed that the Animal Health Protection Act (AHPA) authorizes it. Some people would challenge that assertion since there is no direct mention of a national animal identification program in the legislation. But one thing is certain. The AHPA applies only to issues of animal health.

USDA personnel and state and organizational personnel who are being paid by USDA grant money are stepping outside the legal boundaries of Congressional legislation in order to promote NAIS.

Since the notion of animal health is a vague and unproven concept related to NAIS, tactics that are more exciting are being used. USDA paid personnel are spreading the word that we need NAIS to improve exports. Even though almost no other country in the world has a full-blown animal identification system like the USDA has proposed, they still want us to believe them. But the worst part is that Congress has not authorized an identification system to improve exports. By promoting that as a benefit of NAIS, the USDA is acting outside its Congressional mandate.

The USDA is doing the same with their explanation of the benefits of NAIS with regard to source verification. Of course if everybody had source-verified cattle there would be no premiums. But again, the USDA has stepped out of bounds by promoting NAIS in this manner.

Every time the USDA uses some reason other than animal health to promote NAIS, they are providing evidence for a court case challenging their Congressional authorization to institute NAIS. The best evidence against the USDA is coming out of their own mouth.