By Judith McGeary
Horse owners recently received a rude awakening. The U.S. Department of Agriculture (USDA) announced that it will release a Business Plan to implement the National Animal Identification System (NAIS) sometime in September, and that horses are in the top tier for implementing the NAIS. Moreover, recently publicized studies indicate that the microchips that would be used as part of NAIS could lead to increased rates of cancer in animals. Horse owners can no longer live under the illusion that they will escape the heavy burdens of this government plan, unless we stop the entire program.
What is the National Animal Identification System
(NAIS)?
For those who have missed previous articles about NAIS, it is a government-industry
plan that was developed in the 1990s and early 2000’s. USDA published
draft plans for NAIS in the Federal Register in 2005. While later documents
have provided minor modifications to the original plans, the basic system remains
the same. The USDA’s documents provide for a three-step system:
1. Property registration: Every person who owns or manages property with even one horse or other livestock animal will be forced to register their home in a state and federal database under a 7-digit “premises ID number.” Covered animals include horses, chickens, cows, pigs, sheep, goats, turkey, deer, elk, bison, llamas, and alpacas.
2. Animal identification: When the animal leaves its birthplace, it will have to be assigned a 15-digit ID number, also to be kept in a database. For horses, the Equine Species Working Group has recommended that every horse be identified with microchips.
3. Animal tracking: The owner will be required to report to the government within 24 hours of “events.” The original list of events included: every time a tag is applied, a tag is lost or replaced, an animal is killed or dies, or an animal is missing. The latest USDA document states that moving an animal from one pasture to another on the same property, or taking a trail ride with one other person, are not reportable events. Other events are to be divided into “low priority” and “high priority” events for reporting, depending on state regulations.
USDA’s latest document states that NAIS is “voluntary at the federal level,” meaning that the agency is not proposing regulations to make it mandatory nationwide. At the same time, USDA is funding state NAIS programs. That funding is contingent on states achieving specific performance goals. In other words, if a state does not get enough people to register their property and animals, the state will stop receiving the federal funding.
How Could NAIS Actually Happen?
In response to the federal funding and industry pressure, several states have
moved ahead to implement NAIS. Here in Texas, the Legislature gave the Texas
Animal Health Commission (TAHC) authority to make NAIS mandatory at any time.
Although public pressure has prevented the TAHC from acting on that authority
so far, there is nothing to stop the agency from implementing the entire program
in the future.
In Wisconsin and Indiana, property registration is already
mandatory for all livestock owners. In Michigan, property registration and electronic
tagging is required for all cattle. Other states have so-called voluntary programs,
and have used a variety of coercive methods to increase participation. For example,
a woman in New York recently received a letter thanking her for registering
her property with the NAIS database, even though she had never filled out any
forms or agreed to register. She has been unable to find out for certain how
she was registered, but she suspects that the agency took her information from
the forms she filled out for a Coggins test on her horse a few weeks before!
Having a large equine community does not protect against the imposition of NAIS.
The Kentucky Department of Agriculture has proposed regulations that would require
a Certificate of Veterinary Inspection (CVI) for all movements, sales, and exhibitions,
with only limited species-specific exceptions. “Exhibition” is defined
to mean a “fair, show, exposition, rodeo, competition, or trail ride.”
“Movement” is defined as “the act of moving, shipping, transporting,
delivering, receiving or collecting animals by any means, method, or vehicle
by any person for any purpose.” These broad definitions mean that almost
every time a horse is taken off the owners’ property, it would need a
CVI. The CVI requires “official individual identification,” the
name and address of the owner and the receiving location, a certification from
the vet that he/she has inspected the animal, and potentially additional information
(not specified in the regulations). So, in practice, the Kentucky Department
of Agriculture could easily impose the first two parts of NAIS simply as part
of the CVI requirement, if it is passed.
Focus on Horses
All of the USDA’s documents have listed horses as part of NAIS, and the
Equine Species Working Group has given consistent support to the USDA’s
inclusion of horses in NAIS. Even so, many horse owners believed that horses
would not be included in the NAIS because they are not food animals. The USDA’s
latest announcement put to rest any doubts that horses are part of the program.
The USDA’s soon-to-be-released Business Plan for implementing NAIS divides
animals into “Tier 1” and “Tier 2” species. Tier 1 species
will be the first priority for government resources and attention to achieve
NAIS implementation. Along with the primary food animals – cattle, sheep,
goats, and pigs – horses are classified as a Tier 1 species.
Horses have also been the subject of pilot projects and studies
under NAIS. Pennsylvania State University is currently conducting a pilot project
to enroll 4-H students with horses in NAIS. Each child has to get a premise
number for the property where his or her horse is kept, have the horse microchipped,
and then report each time the child takes the horse to an event that is over
50 miles away or if the event has over 10 horses from different properties.
Notably, the Pennsylvania State website reassures children that the microchip
will not harm their horses, although it does not provide links to studies showing
long-term safety of the microchips. Penn State is also conducting an online
survey about horse owners’ opinions on NAIS; so if you have access to
the internet, tell them what you think! Go to http://www.das.psu.edu/4h/horse/identification/
In California, government funds were used to microchip racehorses. An official
from the California Department of Food and Agriculture discussed the project
at a recent industry-government conference. InCompass Solution, a subsidiary
of the Jockey Club, provided the database services for tracking for free –
for the study. How much would this cost normally? He didn’t know. It’s
likely that this Jockey Club subsidiary normally makes a profit on database
services, creating an incentive for the Club to promote NAIS.
New microchip concerns
The ESWG recommended that microchips be the default form of identification for
horses under NAIS. Indeed, logically, if a horse must be identified with a 15-digit
individual number, there is no real choice besides microchips. Can you imagine
making a unique brand with 15 numbers for each horse? Or having a tag hanging
off of your horse’s ear?
Newly publicized studies raise concerns about the safety of microchipping animals.
In September, the Associated Press released a story revealing studies that show
microchip implants may cause dangerous cancers in animals (http://www.dailycomet.com/article/20070908/APN/709080609).
The studies indicate that RFIDs may have caused malignant, fast-growing, and
lethal cancers in up to 10% of the study animals. According to the AP report,
cancer researchers contacted about the studies indicated that it is easier to
inflict cancer on mice than it is in humans, but none of the researchers contacted
thought that RFID should be implanted in humans until further studies are done.
If it’s not safe enough for humans, do we want to use our horses as guinea
pigs?
Just a few days before the AP story broke, the USDA approved a specific microchip
for use in horses for the NAIS program. The NAIS-compliant device adds another
layer of technology to the previous microchips, by capping each microchip with
a material to secure it in place within 24 hours of insertion into the animal’s
body. No studies have been released about the long-term health effects of this
new material. Could this material increase the risk of cancer even more? Horses
often live for more than 30 years. What are the health effects over the long
term?
Human and animal microchipping share not only the RFID technology, but also
common corporate interests. The microchip approved for human use is made by
VeriChip, whose parent company owns a 55% interest in Digital Angel, the manufacturer
of the recently approved microchip for horses. Technology businesses have been
integrally involved in the development of the NAIS. While the USDA ignores the
concerns of animal owners who will be directly impacted by NAIS, it works closely
with the corporations who could potentially make millions of dollars.
If people choose to microchip their horses, then they are free to do so. There
are costs and benefits to any action, and we do many things that have uncertain
health effects. The problem is with the government requiring people to microchip
their horses, potentially endangering both our civil rights and our animals’
health.
What can I do?
Because so many in the horse world continue to turn a blind eye to NAIS, this
article has focused on the clear evidence that show that horse owners will be
subject to NAIS. But that does not mean that NAIS is inevitable, or that people
should just give up! We have been successful in keeping the Texas Animal Health
Commission from imposing NAIS requirements in this state so far. If enough people
speak up, we can stop this program.
· The Farm and Ranch Freedom Alliance is a nonprofit dedicated to protecting the rights of farmers, ranchers, and livestock owners. Visit our website at http://www.farmandranchfreedom.org for more information on NAIS and to sign up for our free mailing list.
· Contact your U.S. Representatives and Senators, telling them that Congress needs to explicitly limit USDA’s authority and to stop funding NAIS through our federal tax dollars
· Find out what is happening in your state. Contact your state legislators and tell them that you do not want NAIS implemented in your state.
For more information, contact the Farm and Ranch Freedom Alliance
at (866) 687-6452 (toll free) or info@farmandranchfreedom.org
Judith McGeary is an attorney and small farmer in Austin, Texas, and the
Executive Director of the Farm and Ranch Freedom Alliance. She has a B.S. in
Biology from Stanford University and a J.D. from The University of Texas at
Austin. She and her husband run a small grass-based farm with Quarter Horses,
cattle, sheep, and heritage poultry. For more information about NAIS and what
you can do to stop it, go to www.farmandranchfreedom.org or call 1-866-687-6452.
Back to NAIS on The Horse Gazette Website