Wisconsin Begins to Enforce NAIS
	Updated 12/23/2009: The 2010 Agriculture Appropriations Bill allots only $5.3 million direct funding towards National Animal Id. This does not mean, however, that funding for NAIS will not be included in other food safety or agriculture bills, nor does it keep the USDA from using funds from other projects, especially animal disease eradication funds, to advance NAIS.

Wisconsin, which has already received up to $35 million in funding from the USDA for NAIS, has begun enforcing premises registration on its residents. For 2010, the USDA has found an additional $1.5 million for the Wisconsin Livestock Identification Consortium. (The WLIC’s membership includes Cargill, Accelerated Genetics, Digital Angel, MB Genetics, ABS Global, AgInfoLink, Alta Genetics, Global Animal Management, breed and cattle associations, and Wisconsin Farm Bureau.)

The Wisconsin Dept. of Agriculture (DATCP) went to 47 unregistered Amish farms, claiming their hogs either had pseudorabies (as apparently two did) or had been exposed. The DATCP killed all the hogs within 7 miles. (This disease is not transmissible to humans or other animals. Infected sows either do not conceive or fail to produce live piglets. I think destroying hundreds of hogs for exposure to pseudorabies is immoral.)

On September 23rd, Clark County Court held a complex civil forfeiture evidentiary hearing to determine if Emmanuel Miller, an Amish man who owned one of the aforementioned farms, had failed to register his premises. Ken Artis, a Black River Falls attorney, filed a motion to dismiss on behalf of the Amish, which was never addressed.

Paul Griepentrog, Vice President of WICFA, filed an amicus brief with the NAIS Cooperative Agreement as supporting documents. He wrote about the trial on WICFA’s website. Many Amish and some members of WICFA attended to show support. Miller and his church deacon testified that their religious beliefs preclude them from complying. An employee of Dairy Farms of America, who collects milk from Miller’s farm, testified that the state of Wisconsin issued documents stating livestock identification as well as premises registration will become mandatory in the future. Dr. McGraw, the state veterinarian, admitted during direct questioning that premises registration has not improved Wisconsin’s or other states’ disease control programs. Judge Counsell questioned how NAIS could be a voluntary program if the DATCP was disallowing auction sales and denying licenses for failure to register. Counsell asked if identifying property by a numeric code, which invites human error in transcription, could result in agriculture officials pursuing the wrong farmer. Counsell ordered final motions to be prepared and will issue a final ruling after oral arguments are heard. A second trial date has not been set.

Patrick and Melissa Monchilovich were convicted on October 21st, also for complex civil forfeiture for failing to register their cattle ranch. WICFA members attended the trial to show support. Griepentrog writes that Judge Wyrick did not allow the Monchilovich’s arguments, saying they should have been made in an administrative hearing. However, DATCP had already disallowed such a hearing. Apparently there is no 911 address for where the cattle live, and therefore no premises to title! Griepentrog also states DATCP was unable to present a valid disease, food safety or terrorist issue to legitimize the $390 fees charged. Fines in Wisconsin range from $200 to $5,000 and prison time can be up to six months for non compliance.

Donna Gilson of the DATCP told a reporter for Agriview that she expects 13 more “non-religious” non-compliers to be referred to the District Attorney’s office soon. They are awaiting the final ruling of the Miller trial before prosecuting the other Amish hog farmers they visited. Data collected about farms is stored off US soil, in Canada, to avoid FOIA requests.

Griepentrog’s cattle ranch was twice registered without his consent for Premises ID. The DACTP sent two officers to his home on 1/29/09 to inform him that if he did not renew registration, he will be charged for failing to register himself! Griepentrog wonders if the DATCP is really interested in halting the spread of disease. While looking for unregistered hog farms to test for pseudorabies, DATCP officials went from farm to farm, wearing no protective gear.

Scott Suder, Representative in Wisconsin’s 69th Assembly District, is seeking co-sponsorship of his LRB2259/1 in both the Wisconsin Senate and Assembly. This bill aims to make NAIS registration voluntary instead of mandatory. In an appeal to fellow legislators, Suder writes: “In an economic crisis, where every job counts and every business matters, we should be doing everything we can to protect our small farmers, not threatening them with lawsuits... Wisconsin is one of only two states that require mandatory premise registrations. In fact, five states, including Utah, Arizona, Kentucky, Missouri and Nebraska, have adopted laws banning mandatory premise and animal identifications...” (Editor’s notes: Three states, Wisconsin, Indiana and Michigan, actually require registrations. Also, I do not believe it is wise to pass legislation allowing voluntary NAIS in a state that currently has no NAIS. Any bill that allows state involvement allows NAIS in the back door. A safe bill would not allow the state to implement, manage, fund or participate in a NAIS plan. Attorney Carl Little from Indiana, drafted a bill for NICFA several years ago that would achieve this objective.)

I found online Wisconsin’s 2008 budget for NAIS implementation. The personnel get paid quite well, from 13.558 an hour to 17,802 an hour plus transportation expenses, including $10 a day meal reimbursement 5 days a week for 47 weeks, and additional fringe benefits totaling 47.09% of salary. (No wonder they were smiling when they visited Griepentrog!) The USDA’s percentage of personnel, supply and indirect costs is 70.72%. Wisconsin must make up the shortfall, 29.28%.

It is unfortunate that most government officials are not elected by us, but are appointed or hired. Our best offence and defense are to launch multiple campaigns to educate and embarrass those who overstep the boundaries of their jobs, the Constitution and human decency. We must write letters to the editor, to department heads, to top agriculture officials, to health departments… we must stage demonstrations, attend trials to show solidarity, and call out every instance of unfair action we see. As Edward Abbey said, “A true patriot must be ready to defend his country against his government.” My father spent a great deal of time in the former USSR before the coup. He said in the era of government run farming, people were literally starving, even in areas with some of the best soil in the world. We are headed down that path.

If you know any residents of Wisconsin, please have them call their state legislators to support Suder’s bill at: 800-362-9472. Also tell them that US Senator Kohl and Representative Obey had a direct role in the USDA’s selection of Wisconsin as a pilot NAIS state. These men should be voted out of office at the earliest opportunity. WICFA has established a fund for the prosecuted. Send contributions to WICFA Legal Defense Fund, P.O. Box 225, Bruce, WI 54819.