A NAIS update from
Canton, New York
Friday, June 22, 2007
Landis v. Wolff, first court challenge to NAIS premises ID
Today the Commonwealth Court of Pennsylvania ordered that a hearing on petitioner’s request for a preliminary injunction be held on Thursday, June 28, 2007, at 9:30 am, in Courtroom Number One, Fifth Floor, Irvis Office Building, Harrisburg, Pennsylvania.
The petitioner, Mennonite farmer James Landis, has been notified by the Pennsylvania Department of Agriculture (PDA) that he would no longer be allowed to sell the ducks he raises at his Lebanon County farm to their usual markets in New York as of July 1, 2007. The PDA is trying to compel Mr. Landis to accept a federal NAIS Premises ID number for his farm. Mr.
Landis has a religious objection which prevents him from accepting the federal premises ID number and he faces the loss of his family’s livelihood because of the PDA’s actions.
The PDA has been trying to compel farmers to accept federal premises ID numbers despite the fact that a bill to require premises registration failed to become law during the 2005 session of the Pennsylvania General Assembly.
At the federal level, the USDA maintains that its premises ID program is “voluntary.”
Mr. Landis is represented by Leonard G. Brown, III, Esquire, of the firm of Clymer & Musser, Lancaster, Pennsylvania, 717-299-7101.
A copy of the court’s order is attached.
From the trenches,