Backgrounder: Legalities of Animal Identification (NAIS)


From the Arkansas Agriculture Law School

Animal
Identification


Overview

An animal
identification system traces the whereabouts and movement of certain animals.
While government officials and private industry had been working on the issue
prior to the discovery of bovine spongiform encephalopathy in late 2003, USDA
announced that it would expedite its efforts in the wake of the discovery. On
April 27, 2004 Secretary Veneman announced a framework for the implementation of
the system called the National Animal Identification System (NAIS) that was
developed with the collaboration of USDA, private industry, and state animal
health officials and is largely based on earlier work done with the United
States Animal Identification Plan. The plan will eventually encompass all
livestock and poultry in the United States. The NAIS will provide
information on the whereabouts of animals from their original birthplace to the
slaughter plant. It does not include tracing the meat through the plant to the
consumer. Although not currently mandatory, the goal of the NAIS is to be able
to trace all livestock and poultry within 48 hours of a certain event such as a
disease outbreak. Read the full overview

Note: Recently added
resources are posted at the top of the applicable
sections
.

Major
Statutes

The Animal Health Protection Act, 7 U.S.C.
§§ 8301- 8317

Freedom of Information Act, 5 U.S.C. §§
552

Uniform
Commercial Code
, Article 2 – Sales

Regulations

Regulations Pertaining to the Movement of
Livestock
, 9 C.F.R. pts. 71 to 85

Federal Register Rules Open for
Comment

Center published Federal Register
Digest

Case
Law

Note: Recently summarized
cases are listed and linked in Recent Postings
.

Case Law Index for Animal
Identification

Center
Research Publications

Approaching Liability with Animal
Identification
(Pendergrass, 2007)

A Comparison of International Animal Identification
Programs
(Pendergrass, 2007)

Varying State Approaches to Confidentiality with Premises and
Animal Identification Systems

(Pendergrass,
2007)

State Identification Statutes: Confidentiality Provisions Relating
to Animal and Premises Identification

(Pendergrass,
2007)

Animal Identification and the Next Farm
Bill
(O’Brien, 2006)

Legal Issues in Developing a Plan for Animal
Identification
(Roberts and Pittman,
2004)

Animal
Identification: Liability Exposure and Risk Management

(Roberts and O’Brien, 2004)

Animal
Identification: Confidentiality of Information
(Roberts
and O’Brien, 2004)

Congressional Research Service
Reports

CRS Subject(s):
Animal
Agriculture

Reference Resources

USDA
Resources

National Animal Identification System, USER
Guide
(USDA)

Animal and
Plant Health Inspection Service
(APHIS)

Animal Identification (APHIS Veterinary
Services)

Food
Safety Research: A Focus on Animal Identification Pilot
Program
(National Agricultural Library -
NAL, Food
Safety Research Information Office – FSRIO)

Pathogen Detection and Monitoring: Animal Electronic
ID
(NAL, FSRIO)

Food Safety Links: Product Tracing (NAL Foodborne Illiness Center)

Other Congressional
Resources

Development of a
National Animal Identification Plan
(U.S. House
Agriculture Committee
Hearings, March 5, July 22, and August 17, 2004)

Development
of a National Animal Identification Plan

(U.S. Senate Agriculture
Subcommittee
Hearing, March 4, 2004)

GAO
Reports on Animal Identification

Additional
Resources

Western Extension
Marketing Committee, Livestock Marketing Information
Center

Iowa Beef
Center
(IA St. U.)

National Institute for Animal
Agriculture

United States Animal Health
Association

Canadian
Cattle Identification Agency

National
Animal Identification System
(American Veterinary Medical
Association – AVMA)

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