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Analogy of the Boiled Frog

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Commentary by Bill Bullard, CEO, R-CALF USA

It was less than a decade ago that the U.S. Department of Agriculture (USDA) finally abandoned its ill-conceived plan to require electronic eartags on all cattle, from the time of birth until slaughter. The plan was called NAIS, the National Animal Identification System, and in addition to mandatory electronic eartags or EID eartags, it also required cattle producers to register their premises and to report the movements of their cattle from one location to another during their lifespans.

The NAIS plan conjured up fierce opposition from livestock producers all across the nation who valued their liberty and freedom and who refused to sit back and watch government overreach impose a costly and unnecessary burden upon their operations, not to mention depriving them of their ability to choose how to best manage their ranches and their livestock.

This inappropriate intrusion into the lives of Americaโ€™s cattle farmers and ranchers ended with a final rule published by the USDA on January 9, 2013.

The final rule was titled โ€œTraceability for Livestock Moving Interstate.โ€ It provided that cattle shipped across state lines would need to be identified with some form of identification, whether a low-cost metal or plastic eartag or a high-cost EID eartag. The important point is that cattle producers could choose the type of tag that best fit their operation, and there was no requirement for premises registration or the reporting of movements.

And the 2013 final rule accomplished what the USDA sought โ€“ improvement in the ability to conduct a traceback of cattle that had crossed state lines. Well, at least we thought thatโ€™s what USDA wanted to accomplish, but now we know we were wrong.

As recently as August 29, 2024, the USDA announced what it really wants and that is โ€œto track animals from birth to slaughter through a system that allows tracking data points to be connected.โ€

And here we are! The USDA is resurrecting its long-defeated NAIS program and itโ€™s doing so in phases.

Itโ€™s the boiling frog analogy: If you put a frog in warm water and heat it up, by the time the frog realizes the water has become too hot, itโ€™s too late.

Well, the poor frog is now in warm water as the USDA finalized a rule that will go into effect on November 5 that requires Americaโ€™s cattle producers to affix an EID eartag in their adult cattle shipped across state lines. 

The rule only requires producers to affix high-cost EID eartags on their cattle. But it doesnโ€™t require anyone else to do anything with the digitized number contained in the eartagโ€™s chip. In other words, it does not require the electronic reading of the electronic eartags, so the rule wonโ€™t improve disease traceabilityโ€ฆit simply canโ€™t unless USDA issues yet another rule. And we know they will.

We must stop this now, before we become the deadest of frogs.

We and other groups are partnering with the South Dakota Stockgrowers Association that is sponsoring a Livestock Producers Freedom Rally starting at 10:00 a.m. Mountain Time on October 7 at the Best Western Ramkota Hotel and Convention Center in Rapid City, South Dakota.

This is going to be a huge event. Speakers will include U.S. Sen. Mike Rounds of South Dakota and U.S. Rep. Harriet Hageman of Wyoming. Youโ€™ll recall that Congresswoman Harriet Hageman stopped USDA in its tracks when it tried to mandate RFID eartags in 2019.

This is truly a joint effort that is intended to convince Congress that it must overturn the USDAโ€™s mandatory EID scheme. Also speaking will be Corbitt Wall, who does the โ€œFeeder Flashโ€ commentary; Justin Tupper with the U.S. Cattlemenโ€™s Association; South Dakota state Rep. Marty Overweg; and Wyoming state Rep. Chip Neiman. The two state representatives had each sponsored state legislation to allow producers in their respective states the flexibility to choose what type of animal identification device to use on their cattle. 

This October 7 Livestock Producers Freedom Rally will encourage Congress to pass the legislation that has already been introduced in Washington to overturn the EID mandate. This legislation includes:

A bill sponsored by Sens. Mike Rounds (R-SD) and Josh Hawley (R-MO) to prohibit the Secretary of Agriculture from mandating EID eartags for cattle. The Bill No. is S. 4282.

A House resolution disapproving the EID mandate introduced by Congresswoman Harriet Hageman and cosponsored by 26 House members. The Bill No. is H.J. Res. 167.

And a Senate resolution disapproving the EID mandate introduced by Sen. Cynthia Lummis (R-WY) and cosponsored by Sens. John Barrasso (R-WY) and Josh Hawley (R-MO). The Bill No. is S.J. Res. 98.

So, everyone is invited to attend the South Dakota Stockgrowers Associationโ€™s Livestock Producers Freedom Rally on October 7 in Rapid City, South Dakota. And know that your participation will make a huge difference in our ongoing effort to stop USDAโ€™s EID mandate before it progresses into something even worse.