Group Seeks To Add to R-CALF’s Suit Over RFID

Grazing cow
Grazing cow
(CAB)

A new nonprofit civil rights group has filed a lawsuit challenging USDA’s attempts to implement mandatory use of “radio frequency identification” (RFID) eartags for cattle and bison.

The New Civil Liberties Alliance has filed a motion asking the U.S. District Court for the District of Wyoming to add nine documents to the Administrative Record in the case of R-CALF, et al. v. USDA, et al. The suit seeks consideration of extra-record evidence and challenges USDA’s alleged violation of both the Federal Advisory Committee Act (FACA) and the Administrative Procedure Act (APA) by establishing and utilizing two separate advisory committees to provide recommendations for implementing the RFID  eartags, but failing to follow the proper procedures for doing so.

According to a statement issued by New Civil Liberties Alliance, USDA’s Animal and Plant Health Inspection Service (APHIS) established the “Cattle Traceability Working Group” in 2017 of which NCLA client Kenny Fox was a member.

NCLA alleges that upon discovering that the CTWG was not producing the pro-RFID recommendations they desired, certain CTWG members sought to exclude anyone who opposed mandatory RFID from further participation, eventually starting a second advisory committee called the “Producer Traceability Council” or PTC.

“High-level USDA employees were actively involved with both the CTWG and PTC, but failed to follow the requirements of FACA by, among other things, ignoring public notice requirements and blocking participation of those opposed to RFID requirements,” NCLA’s statement says. “Mr. Fox and other cattle producers who oppose mandating RFID eartag use have been entirely excluded from PTC membership, with only pro-RFID individuals and companies (such as electronic eartag manufacturers) being allowed to participate.”

NCLA said the nine documents it has asked the court to add to the lawsuit are crucial to “showing that USDA ‘established’ and ‘utilized’ the CTWG and PTC as advisory committees in the development of the 2019 Factsheet and policy to move forward with mandating cattle and bison producers to use RFID eartags.”

NCLA further said that USDA’s “briefs filed to date suggest that it will defend itself against R-CALF’s FACA claims by asserting that the Act is inapplicable to USDA’s interactions with the two advisory committees.”

NCLA’s senior litigation counsel Harriet Hageman said, “Our battle against USDA’s unlawful push to force livestock producers to use RFID eartags continues.  Our latest efforts are designed to ensure that the Court has a full record on which to evaluate our FACA claim against USDA. While USDA has sought to avoid its obligations under FACA and the APA, we will keep moving forward to demand accountability and transparency in order to protect the constitutional and property rights of livestock producers throughout the country.”

 

 

Latest News

AFIA Objects to EPA’s Draft Risk Evaluation of Formaldehyde
AFIA Objects to EPA’s Draft Risk Evaluation of Formaldehyde

The American Feed Industry Association says formaldehyde has been "safely used in the U.S. animal food industry for over 40 years via accurate automated equipment."

Power of Meat Reports Strong Meat Consumption, Evolving Consumer Trends
Power of Meat Reports Strong Meat Consumption, Evolving Consumer Trends

The Meat Institute and FMI-The Food Industry Association released the 19th annual Power of Meat report.

Cattle Imports from Mexico
Cattle Imports from Mexico

Mexico has become one of the major beef import sources for the U.S. as beef trade evolved from simply supplementing deficit beef production in Mexico to bilateral, product specific trade between the two countries.

Markets: Cash Cattle Markets Nearing Historic Highs
Markets: Cash Cattle Markets Nearing Historic Highs

All classes of cattle sold at higher prices for the week and most are at or near record highs. Supplies of all classes remain extremely tight.

International Genetic Solutions Debuts New Informational Resource
International Genetic Solutions Debuts New Informational Resource

International Genetic Solutions (IGS) recently unveiled a new information resource and video platform for important beef industry topics pertinent to producers’ bottom lines.

Sage_Grouse_Booming
Ranchers Urge BLM to Incorporate Latest Science in New Sage Grouse Plans

NCBA and PLC are requesting that BLM significantly extend the comment period deadlines while ranchers and other local stakeholders evaluate these lengthy proposals.