Challenge to Animal ID Dismissed

A lawsuit filed by the Farmers-to-Consumers Legal Defense Fund attempting to put a halt to the National Animal Identification System (NAIS) was dismissed by Federal Judge Rosemary M. Collyer on Thursday, July 23, 2009 in Washington, D.C.

As reported by the Associated Press’s James Prichard and published on Forbes.com, the Judge dismissed the suit because federal law was not implicated and relevant Michigan state law was not addressed in the lawsuit. Judge Collyer’s decision points out that the animal identification program is not federal law or federal regulation. Rather, it is a program developed by the United States Department of Agriculture (USDA) to identify and track animals should the need to do so arise. The program is voluntarily adopted by individual state departments of agriculture. To read the AP story click here.

Pete Kennedy, President of the Farm-to-Consumer Legal Defense Fund, a legal organization that represents farmers and consumers involved in the sustainable-agriculture movement, said the organization was considering its legal options, including the possibility of an appeal. The suit was filed in September, 2008. The organization was joined in the suit by more than a dozen farmers. All but one of the farmers is from Michigan.

In 2007 Michigan became the first state to make some aspects of the animal identification program mandatory. According to the AP, this occurred following the discovery of bovine tuberculosis in the state. The animal identification program was put in to effect by the USDA in 2003. For more information on NAIS from the USDA click here.

Posted: 07/24/09