Your Food & the Interstate Commerce Clause

Written by admin on May 28th, 2010

05-24-2010 6:40 pm – Derry Brownfield

Derry Brownfield, legendary cattleman, rancher and talk radio host, is heard daily across America bringing his common sense approach to listeners. The farmers' champion and a passionate constitutionalist, Derry takes on big government, mega-corporations, and environmental extremists. From the stock market to the stock yards, from greedy oil companies to the everyday concerns of his loyal audience, no topic is too hot to handle for Derry, who is called "the voice of the heartland". Born during the Great Depression, Derry says we would all be better off if we applied what he learned at a tender age: The best place to find a helping hand is at the end of your own arm!

The United States Department of Agriculture (USDA) says it plans to drop the program called the National Animal Identification System (NAIS). I’ve been studying the antics of Washington bureaucrats for 50 years and I know this is just another ploy to give farmers and ranchers a feeling of security, when all the while they are in the process of coming back with a much more draconian plan. The name has been changed and descriptive words have been eliminated and replaced with other objectives, but government continues to push towards turning the control of our livestock industry over to the multinational meat packers. The coyotes howl along the trail but the wagons keep rolling along.

The USDA has only put a new saddle on the same old horse. The program is no longer called NAIS, the new name is “ANIMAL DISEASE TRACEABILITY FRAMEWORK.”

The original document explaining NAIS consisted of 1200 pages, while this new version on traceability is only 7 pages of questions and answers. Our government is doing everything within its power to force this plan upon us in order to be in compliance with the World Organization for Animal Health (OIE). We are being told this new plan will be a kinder, gentler state-run program; however we will still have premise registration, although the word PREMISE has been changed to “UNIQUE LOCATION IDENTIFIER.”

The government is also trying to force sale-barns to tag all cows with the “840″ tags. “840″ indicates the animal originated in the United States. This is to keep us in compliance with the OIE. The United States is no longer in charge of its own policies, rather we are obliged to follow directives of the World Trade Organization (WTO), the Food & Agricultural Organization (FAO), the World Health Organization (WHO), including the Codex Alimentarius and the International Plant Protection Convention. These are all agencies of the United Nations.

I have not researched other states, but in Missouri the State Veterinarian’s office began coercing sale-barn owners to attach “840″ tags in all cows going through their facilities. Russell Wood states: “This is nothing but a back door approach to NAIS PREMISE registration. This sale-barn approach was an obvious attempt to assign PREMISE numbers to unsuspecting sellers and buyers whether they wanted to join the “VOLUNTARY” program or not. Missouri has a law stating: “The State Department of Agriculture is prohibited from mandating NAIS PREMISE registration on Missouri livestock producers.” By changing the name of the program from NAIS to “ANIMAL DISEASE TRACEABILITY FRAMEWORK” and changing “PREMISES” to “UNIQUE LOCATION IDENTIFIER” the law apparently becomes void.”

In December, some Missouri sale-barns began using the NAIS tags. The barn owners said they had been instructed by the Missouri Department of Agriculture to apply these “840″ tags to every cow unloaded at the sale barn. After showing them the law prohibiting the state from doing what they had enticed the barn owners to do, a hearing was held in the State Capital to see if the State Veterinarian was abiding by Missouri law. The Missouri State Veterinarian, Taylor Woods, testified that they had no official written policy on the use of the “840″ tags. The state officials had no jurisdiction over the barn owners and was pushing the United Nation’s agenda through intimidation.

We have been told by government officials that this new approach is going to eliminate any producer that does not have livestock going into interstate commerce. Except for Kansas, Nebraska, and perhaps Colorado, practically all cattle born in the state move across state lines. Missouri for example has one of the largest mother cow herds in the nation – but has no feedlot or slaughter facilities, so about 100% of the calves born in Missouri eventually cross state lines.

To understand why the USDA is pushing the “Interstate Commerce Clause” let’s understand the 1942 U.S. Supreme Court decision in Wickard vs Filburn. Claude Wickard was the Secretary of Agriculture at that time and Roscoe Filburn was a wheat grower. Under FDR’s NEW DEAL farmers were allowed to sell a certain amount of wheat. Filburn grew more wheat than he was allowed to market in Interstate Commerce, so the wheat produced in excess of his quota he fed to his livestock. Filburn was found guilty of violating the Interstate Commerce Clause because he fed the wheat to his own livestock; wheat that he had produced on his own land.

Wickard assessed a penalty against him but Filburn refused to pay. The Supreme Court ruled against Filburn saying: “If he had not fed the wheat to his livestock he would have been forced to purchase wheat for livestock feed, and that wheat would have crossed state lines, therefore he was involved in Interstate Commerce.” Based upon these facts, if this new “DISEASE TRACEABILITY” plan goes into effect and a farmer butchers his own calf, he is in violation of the Interstate Commerce Clause. Had he not butchered his own calf, he would have been forced to go to the market and buy beef which has crossed state lines.

Do you see the restraints big government is trying to place on animal agriculture? Even a local organic farmer, selling produce at a local Farmer’s Market, would be in violation of the Interstate Commerce Clause.

Big Agribusiness has taken control of the poultry and egg industry, the pork and milk industries; and if this new and improved DISEASE TRACEABILITY plan becomes law, everything a consumer purchases at the meat and dairy counter will be controlled by no more than a half-dozen large Agribusiness corporations. Our food supply, as we know it, will be a thing of the past.

(c) 2010 Derry Brownfield – All Rights Reserved

 

Name Games with the USDA

Written by admin on May 20th, 2010

By: Doreen Hannes

Doreen HannesBio

Doreen Hannes is the Director of Research for the National
Independent Consumers and Farmers Association (NICFA)
and is dedicated to weeding through the lies, half truths, and mis- and disinformation to
help people to understand the methods and propaganda being used to manipulate us….and to dig for the truth. As -civil-ization is predicated upon agriculture, the goal of those who would be our masters is to control the land, control the food, and thereby control the people….otherwise known as the global implementation of  Agenda 21. If we lose our ability to feed ourselves, we will not be able to fight against anything else. Doreen blogs at Truth
Farmer
and you can listen to her radio show, Truth Farmer, at Liberty News Radio and read her articles at News with Views.

On May 11th, the USDA held the first of three public meetings on their “New
NAIS” program “Animal Disease Traceability”. The meeting began
at 8am with three power point presentations. California State Veterinarian,
Dr. Richard Breitmeyer gave the first presentation. This was the same presentation
he gave at the mid-March NIAA (National Institute of Animal Agriculture) meeting,
also held in Kansas City.

A little history is in order to understand the progression of this idea
for animal traceability. In the US, the first notable plan for identifying
animals was the NFAIP, along with FAIR, those being the National Farm Animal
Identification Program and Farm Animal Identification and Records. Then under
the Bush Administration there was the United States Animal Identification
Plan, with the NAIS, National Animal Identification System hot on it’s heels.
Now, they have “killed” NAIS, but are moving forward with the Animal
Disease Traceability plan, the ADT. The main difference here is that the USDA
is going to make a rule on the ADT to prescribe the “performance standards” for
traceability that the states MUST meet to engage in interstate commerce with
the ADT.

Breitmeyer’s presentation focused on the difficulties around tracing the
contacts of tubercular (and suspect) cattle in the state of California and
other states without the aid of an interoperable database covering all animals
and all movements. According to his presentation, the state of California
has approximately 57,500 known live cattle imports from Mexico per year. This
is significant in that more than 75% of all tuberculosis in cattle is of Mexican
origin. Breitmeyer lamented that when he began as a vet 25 years ago, the
US had nearly eliminated TB except for in small areas of northern Michigan
and northern Minnesota where the soil make up continues to keep TB in the
wildlife and therefore occasionally in cattle. Breitmeyer’s presentation was
actually quite a good illustration of many of the failed policies of the USDA
in disease control, the lack of quarantine at the borders chief among them.
Of course, he is a proponent of a NAIS style system because having all that
data available would make his job easier…At least on paper.

The second presentation was given by a very soft-spoken APHIS/VS (Veternary
Services) representative, Dr. TJ Mayer. He stressed that the “theme” for
the development of the “new” program is “collaboration”.
Those to be affected must be involved in the process of developing the solution
for the lack of traceability that now exists— particularly in cattle. Cattle
are the primary focus for this new plan, and the methodology for bringing
cattle to 95% traceability back to the point of identification in 2 business
days is dependent on “collaboration” in developing the processes
in our states. (Sounds familiar, doesn’t it?) Mayer also illustrated that
the desired traceability would be implemented gradually through partnerships
of stakeholders and building upon the requirements outlined in the rule that
is to be developed for criteria that states must meet for interstate commerce.

The third presentation was by Becky Brewer (Oklahoma State Vet) and the
apparent lead member of the newly established “Regulatory Working Group”.
Dr. Brewer related the thinking of the Regulatory Working Group on the measurable
outcomes of the ‘traceability’ standards to arrive at 95% of “all” animals
traced back to the ‘traceability unit’ within 2 business days. Sounds just
like the NAIS Business Plan, doesn’t it? Brewer stated, “In government
speak, “all” doesn’t mean all.” This may explain why the USDA
kept insisting that when opponents of NAIS cited documents verbatim, we were “spreading
misinformation”. Evidently the English language is a linguistic and statistical
anomaly in the hands and mouths of bureaucrats.

There were no question and answer sessions after the presentations. Instead
every table was given a USDA facilitator and three segments of questions to
answer regarding how we might achieve the desired outcome of getting animals
id’d back to the ‘traceability unit’ within their timeframes. The tables were
marked with species placards and there were at least five cattle tables, three
swine, two poultry, one sheep and goat, and one “other species”.

When I entered the room I noticed that Kenny Fox of R CALF USA was at a
cattle table and I failed to notice the “other species” table so
I sat at the sheep and goat table. There were no people at the poultry tables.
The cattle tables were quite full, and all of the reporters were sitting at
the ‘other species’ table, so I thought I would just sit at the empty sheep
and goat table.

When the facilitating began, I was blessed with three USDA representatives
at my table, where all the other tables only had one. I shared the table with
one sheep broker from New Mexico. He deals in 20 to 30,000 head of sheep annually
mostly exported to Mexico and was quite content with the Scrapie program.
This program identifies breeding animals back to the flock of origin with
a number assigned to the flock manager and not the land the animals are held
on. It also allows for tattoos as an alternate form of official id for interstate
commerce, and does not use RFID tags, although it could in the future.

The USDA representatives at my table were not particularly interested in
hearing about how the failed agricultural policies have created a problem
that the USDA would now like all of us to ‘partner’ with them to solve. They
did take copious notes, and were quite proficient in ‘mirroring’ my statements
while slightly adjusting them to fit their desired outcome more handily.

At the end of each of the three segments, a representative from each table
stood and gave the ‘report’ from the table on that segment. The consensus
of the cattle groups were that only breeders should be identified, RFID tags
should be avoided, back tags should continue to be used for feeders and slaughter
cows, and a NAIS styled system would not work at all.

The USDA is currently promoting the use of ‘bright’ tags for cattle. These
are very similar to brucellosis tags in numbering and appearance. However,
when the only question and answer segment of the day took place and Neil Hammerschmidt
(one of the main authors of NAIS) gave most of the answers, he made it clear
that the USDA still wants to ‘aggressively’ pursue the use of 840 tags.

The bottom line about the entire meeting is that the USDA will try to have
a draft rule ready in June from the “Regulatory Working Group”.
This rule will define the “performance standards” that are to be
met by the states to engage in interstate commerce. The USDA plans to publish
this proposed rule in November or December of 2010, allow a 90-day comment
period, and finalize the rule (make it law) from 8-10 months after the comment
period is complete. There may be different requirements under these performance
standards by species, and some potentially exempted sectors or movements.
There is admitted concern from the USDA and their friends that incentives
and disincentives for states must be expressed clearly and not be too “heavy
handed”. In other words, if a state meets compliance levels in hogs and
not cattle, the hogs should not be refused access to interstate commerce.

It appears to me that we must proactively engage our state legislators
to statutorily define requirements for interstate livestock movement and not
allow the Departments of Agriculture the leeway to cooperate with the USDA
to achieve the goals of the USDA as those goals are still NAIS oriented. The
USDA will not dismantle the National Premises Repository although Hammerschmidt
stated that if a state were to want to withdraw all of their participants,
they could do so. Also, according to Hammerschmidt, they still want to move
‘aggressively’ to 840 tags as official identification along with electronic
Certificates of Veterinary Inspection.

The onus of implementing the graduated Animal Disease Traceability program
rests squarely on the individual states. Either the states will define those
standards statutorily or the USDA will bring about their final desires incrementally
through the regulatory process.

 

Wisconsin: Establishing a legal objection to unlawful mandatory Premises registration

Written by admin on May 2nd, 2010

The PPJ GazetteThe PPJ Gazette

Wisconsin: Establishing a legal objection to unlawful mandatory Premises registration

April 19, 2010 by Paul Griepentrog

ppjg-48

by: Paul Griepentrog (c)copyright 2010 ALL RIGHTS RESERVED

__________________________________

Testimony to the Assembly Committee on Agriculture regarding AB 279

Voluntary Premises Registration

Whereas this committee has deemed it prudent to hold hearing on this issue at such a late date is in and of itself questionable. However the Judicial evolution of this issue has brought to light the immediate fact that the presumption of premises registration as a method of disease control to be false and misleading if not outright fraud.

By Paul McGraw’s own testimony we find that the program has not been a benefit in this or any other state for disease trace back and in fact could cause more time to be spent in a disease situation because of “false” registrations or faulty input of the premises number itself. Despite McGraw’s claim that the program was a benefit in the pseudo rabies outbreak in Clark County we find that the timeframe for addressing the farms within the given circumference as set forth by USDA was achieved even though 47 of the 54 farms with hogs were not registered.

Despite the exploitation of this event by the media there was no mention of the origin of the infected hogs. This selective approach of trace back is also manifesting itself within the dairy community even now.

Dairy cattle being brought in from Canada with RFID tags, on which the premises number is inclusive, the tags are being removed from the cattle and the cattle are sold to market for slaughter are not being checked for the required ear tattoo indicating their Canadian origin. These cattle enter the food system as US beef an act of mislabeling regarding their country of origin and then fraudulently being sold as such to US consumers.

When I questioned Duane Brander (DATCP Compliance Officer) about this he stated “that dairy was big business in Wisconsin” this despite continuing cases of BSE in Canada. Where is the real disease concern here? There is none!

As clearly depicted in a letter from Barbara Gronemus it was never the intent of the legislature to have a mandatory program, and as a matter of fact was a requirement agreed to by Sec. Nilsestuen’s application for grant moneys from the USDA.

“Funding to support NAIS Implementation”

Standard Form 424 (Rev.9-2003) Item 11

The form was signed by Rod Nilsestuen, Secretary of the Wisconsin Department of Agriculture, Trade and Consumer Protection on 12/18/06 and submitted to the USDA, APHIS, VS as part of the application for a Cooperative Agreement.

The USDA has declared by rule that participation in the NAIS is voluntary and that this rule preempts all State and local laws and regulations that are in conflict with it. 95.51, Wis. Stats. conflicts with the rule and is null and void.

It is important to note that participation in the NAIS is voluntary.”

64647 Federal Register / Vol. 69, No. 215 / Monday, November 8, 2004 : Rules and Regulations

This rule:

(1)Preempts all State and local laws and regulations that are in conflict with this rule;”

64648 Federal Register / Vol. 69, No. 215 / Monday, November 8, 2004

There can be no doubt that premises registration is directly tied to NAIS. DATCP admits that premises registration is part of NAIS in their response to Item 11 on the application for federal assistance which asks for a descriptive title of applicant’s project. Their statement on the form is:

“Funding to support NAIS Implementation”

Standard Form 424 (Rev.9-2003) Item 11

“The NAIS does not need to be mandatory to be effective; we believe the goals of the system can be achieved with a voluntary program.

USDA, National Animal Identification System: A User Guide and Additional Information Resources (Dec. 2007) at p3.

Producers can opt not to participate in the NAIS if they anticipate that the costs they will incur will exceed the benefits they receive from participation.”

64647 Federal Register / Vol. 69, No. 215 / Monday, November 8, 2004

______________

In that the US Supreme Court has ruled that grants are much in the nature of a contract it would be safe to assume that the WI Dept. of Agriculture has breached its agreement with the USDA and now becomes subject to Federal Administrative Relief which in turn may result in repayment of all moneys received under the program grant. A failure to remedy this situation will leave the citizenry no other choice but to move at law for relief.

In addition the wilful acts of entry onto private property by compliance officers without prior consent or warrant flies in the face of judicial process, especially when these entries are to inform individuals that they must register or be subject to prosecution for failing to register which borders on extortion. At Emanuel Miller’s evidentiary hearing Judge Jon Counsell questioned Paul McGraw regarding whether this program was an act of forced compliance, coercion, to which McGraw responded “No”, then Judge Counsell asked “Then what are we doing here today?” a question which Paul McGraw refused to answer, acquiescing by silence. Coercion in the execution of a contract is fraud and renders the contract null and void.

What in effect we are seeing here is the “compulsion” warned about by the US Supreme Court regarding the states pursuing Federal Grant Moneys. DATCP thumbed its nose at the legislature stating that they (DATCP) will not be micromanaged by the legislature. However it is the burden of the legislature to apply the will of the people and see that the original intent is observed and that these administrative agencies are held in check.

Paul McGraw testified that he did not know what type of database the premises registration information was stored in, despite his authorizing signature on the forms records management plan authorizing the information to be stored in an Oracle database and as per USDA instructions to house the database in Canada well beyond the protection of US privacy laws. The final dispersal of the information was done by McGraw’s acting agent, Robert Fourdraine CEO of the WLIC. The WLIC entered the information into the database in Canada.

Through open records request I discovered that my property had been registered twice without my knowledge or consent. This along with the properties being registered without the knowledge of the owner on which there is no livestock would lead any disease investigator on a merry goose chase and impede any time requirements set forth by the USDA.

Furthermore we find that the WLIC has members of the very tag manufacturers who would profit by the execution of this program creating a conflict of interest for all parties involved.

If the Committee wishes any documents supporting the claims made they can contact me at;

Paul M. Griepentrog
W2402 Shady Knoll Rd.
Park Falls, Wisc [54552]
715-762-1875
skfarms@centurytel.net

 

Sen Mike Johanns Rejects NAIS Completely

Written by admin on March 22nd, 2010

Editor’s Note: Past Sec. of Agriculture, now Senator Mike Johanns was the chief NAIS enforcer fighting for a mandatory NAIS just a couple years ago. He was charged with cutting the first deals with Farm Bureau, the Holstein Assn USA Inc, National Pork Producers Council, Indian tribes, the American Angus Assn and every state department of agriculture, providing “grants” to enroll their producer’s premises in NAIS — over one hundred million dollars.

His repentant pleadings and demands for the complete death of NAIS is clear. Seldom does a Senator define their views with this detail and clarity.

Now, for the first time, his presentation is the exact position of the US livestock producer. Finally, a clear defined true picture is offered by a USDA insider who promoted NAIS with his whole heart, then with no notice, resigned, realizing NAIS was devastating to USDA and the producer. This is the voice of experience.

We compliment Senator Johanns for his honesty, at this time.

 

Judge Rules in Favor of Amish in Animal ID Case

Written by admin on March 12th, 2010

Note: Facts, the application for the grant money to operate the program requires that Wisconsin abide by the terms set forth under the Federal Register. In which the participation must be voluntary and a producer can op-out. The state has breached their contract and are subject to Federal Administrative Relief which may result in repayment of all grant moneys. The USDA also failed to provide warning to the state that it may be sued, under requirements of Article 1 Sec.8 Clause 1 regarding grants under the authority of the General Welfare Clause. See annotated Supreme Court rulings for details.

Paul M. Griepentrog

A decision has finally been made in the highly anticipated case in which the State of Wisconsin was trying to sue an Amish man for not following Wisconsin’s Livestock Premise Registration law. On Tuesday, Clark County Circuit Court Judge Jon Counsell ruled that Emanuel Miller Jr. of Loyal, Wisconsin does have a ‘religious right’ to be exempt from the law, which requires anyone who keeps, houses, or co-mingles livestock to register their premises with the state.

It was noted during court proceedings that the Amish do provide their names and addresses when they buy and sell livestock, and the judge said that doing so should be enough for the state to track down an animal in the event of a disease.

Prosecutors also cited a recent pseudorabies case in Clark County as an example of why the premises law is needed. But Judge Counsell said the state failed to show why alternatives, that would not affect Miller’s religious freedom, would not be just as effective.

The Amish believe the requirement infringes on their religious believes because it could eventually result in the tagging of all animals, or the ‘Mark of the Beast.’ But prosecutors felt with mandatory premise ID, the process of tracking down potentially at-risk farms would be much easier if there were an animal disease. The issue of “government ease” fell short in court to the issue of “religious rights.”

Meanwhile, Paul McGraw, the assistant state veterinarian with the Wisconsin Department of Agriculture’s animal health division says he expects the state to appeal the ruling. A case of this nature regarding a state case, is normally a wearing down of the accused, which judges also tire of.

The NAIS, requiring premises registration, was a program instigated by the USDA. Every state was offered “grant” funds as an incentive to enforce a full mandatory NAIS with arrests and fines for noncompliance. The Wisconsin Department of Agriculture, Trade and Consumer Protection has received over twelve million dollars to tighten the screws on all Wisconsin livestock producers. Their enforcements are the most ruthless of any state with many other pending cases. Their grant moneys are also the largest considering the number of livestock producers in the state.

Wisconsin has been used by USDA as an example of strict enforcements for the nation. Additionally increasing the weakened position of Wisconsin, national resistance to NAIS caused Sec. Vilsack on Feb. 5, to announce the NAIS program was discontinued. Without the backing of federal policy, judicial decisions by Wisconsin are predicted to be very problematic for the state. The Miller case is the first court decision since USDA withdrew the program.

On Feb 5 Vilsack stated that one of the reasons for terminating the NAIS program was that, “USDA had gotten a failing grade on NAIS” and that, “Terminating the program would help overcome some of the mistrust caused by NAIS.” It appears Dr. McGraw still has not arrived to where Sec. Vilsack is, serious work on the Wisconsin “mistrust” issue.

The case at one time was referred to as the state’s first such NAIS prosecution, until a Polk County judge ruled in October that Patrick Monchilovich of Cumberland violated the four-year-old rule after he refused to register his premises. He was ordered to pay a civil forfeiture and court costs. (This was before the USDA Feb. 5 announcement.)

McGraw and Wisconsin have been tossed under the bus by USDA and now Clark County Circuit Court Judge Jon Counsell just tossed them under a convoy of galloping Amish steel-wheeled buggies.