Become a friend of

   the Klamath Bucket  

            Brigade

   Send Donations Here

     All donations are tax  

             deductible

 

 

 This Website is Dedicated to

 Alvin Alexander Cheyne

January 10, 1921 - June 17, 2005

 

GovTrack.us is an independent tool to help the public research and track the activities in the U.S. Congress, promoting government transparency and civic education through novel uses of technology.

 

 

 

 

      

 

 

"Premises" versus "Property" and Producer versus Processor - not about 'disease prevention,' but about access to Private Property

June 23, 2009
 
By Julie Kay Smithson, property rights researcher propertyrights@earthlink.net
 
London, Ohio
 
The U.S. Department of Agriculture is showing its true colors as it continues to steamroller honest, valid, and factual reasons why the "National Animal Identification System," or "NAIS," is a ruse, an onerous blight on the landscape of property rights and American food producers.
 
My comments, posted today at this "NAIS - General NAIS Feedback" website location:
 
 
are as follows:
 
"No matter how many times your agency hears the words "NO to 'NAIS,'" it will apparently continue to view the word "NO" as "now."
 
When I say NO, I MEAN NO.
 
It seems that, like many hormonally-overcharged teenagers, your hearing has been compromised in your passion to force this "premises registration," property rights stealing stalking horse upon America and other countries.
 
The word is NO, pure and simple.
 
I understand that what's being hawked as the neatest thing since sliced bread, is ANYTHING BUT.
 
Brand laws are not only sufficient, but also EFFICIENT in the traceback of livestock. The entire scam that is the "NAIS" centers on access to private property, NOT prevention of disease through the pulling of a rabbit from a hat. Toxins originate at PROCESSORS' locations, NOT at producers' properties. Just knowing this is a powerful tool to understanding that the USDA is either trying to pull the proverbial wool over the eyes of the public, or is simply LYING in its intent to gain access through false pretenses.
 
All the folderol about "traceback" to "producers" completely leaves out the culprit of toxins like eColi (which is NOT a disease, but a bacteria): food PROCESSORS.
 
It is way past time for the general public to hear what the "NAIS" is all about, so it can add its hue and cry of NO to those of us that already know. Your "NAIS" is the kiss of death to property rights, complete with the loss of property owners' ability to deny access to their private property.
 
It is always vital to know what things mean. If you cannot define "premises" and "property," how will you know whether "premises registration" is a good or bad thing? Simple answer: You won't. If there is a "disease event," and the USDA "or its agents" feel the need to access your property, your curtilage, your "premises," they may do so: at any location, at any hour of any day of any week, without prior notice.
 
I include the following definitions as proof that the "National Animal Identification System," or "NAIS," is merely a way to gain unresisting access to property -- because the problems that are "public health concerns" do NOT originate where the animal was raised, but instead where it is PROCESSED.
 
Access – A means of approach or admission. http://inetdocs.loudoun.gov/b&d/docs/1972ordinance_/article10defini/article10defini.doc 2. The right of an owner to go from and return to his land. – Cadastral Data glossary http://www.fairview-industries.com/standardmodule/glossary.htm 3. The opportunity to approach, enter and make use of public or private land. http://www.fs.fed.us/ngp/draft/plan/pdf_plan_draft/Dakota_Prairie_Plan/Appendices/appendix_g.pdf 4. Refers to the ability of humans to penetrate an area and is usually measured by roads per square mile. – Wisconsin Wolf Management Plan Glossary, Wisconsin Department of Natural Resources http://dnr.wi.gov/org/land/er/publications/wolfplan/plan8.htm 
 
Curtilage – Enclosed land belonging to a house, kitchen garden, from Old French cortillage kitchen garden, from cortil garden, ultimately from Latin cohort-cohors farmyard: the area surrounding and associated with a home. NOTE: The curtilage of a house is included in the Fourth Amendment prohibition on unreasonable searches and seizures. – Merriam-Webster Dictionary of Law, Copyright 1996, Merriam-Webster, Inc. The enclosed area immediately surrounding a house or dwelling. The land and structures on property, which immediately surround the residence. http://dictionary.reference.com/search?q=curtilage 
 
Premises – A physical location that represents a unique and describable geographic entity where activity affecting the health and/or traceability of animals may occur. In cases involving non-contiguous properties, the producer/owner should consult with his/her State Animal Health Official or Area Veterinarian in Charge to determine whether there is a need for one or multiple premises numbers. – National Animal Identification System (NAIS) A User Guide And Additional Information Resources Draft Version November 2006 – Glossary http://animalid.aphis.usda.gov/nais/naislibrary/documents/guidelines/User_Guide.htm AND National Animal Identification System (NAIS) – A User Guide and Additional Information Resources, Version 2.0, December 2007, Glossary http://animalid.aphis.usda.gov/nais/naislibrary/documents/guidelines/NAIS-UserGuide.pdf (Page 62 of 64 pages) 2. As used in sections 1533.18 and 1533.181 of the [Ohio] Revised Code: (A) "Premises" means all privately-owned privately owned lands, ways, and waters, and any buildings and structures thereon, and all privately owned and state-owned lands, ways, and waters leased to a private person, firm, or organization, including any buildings and structures thereon. – April 1, 2007, Ohio Governor Ted Strickland signed into law H.B. 67, the transportation budget bill, of which this definition is a part. (127th General Assembly) (Amended Substitute House Bill Number 67) To amend sections 737.04, 737.041, 1533.18, 3314.091, 3327.10, 3705.242, 4503.10, 4503.44, 4505.09, 4510.037, 4510.038, 4511.21, 4513.20, 4517.21, 4519.59, 4561.18, 4707.02, 4707.074, 5501.31, 5501.49, 5502.03, 5502 .62, 5516.01, 5517.03, 5537.16, 5577.05, 5591.02, 5735.05, and 5751.032; to enact sections 121.51, 1327.70, 4511.092, 4517.021, and 5502.67 of the Revised Code; to amend Section 755.03 of Am. Sub. H.B. 530 of the 126th General Assembly, to amend Section 243.10 of Am. Sub. H.B. 530 of the 126th General Assembly, as subsequently amended, and to amend Sections 235.20.20 and 235.30.70 of Am. Sub. H.B. 699 of the 126th General Assembly to make appropriations for programs related to transportation and public safety for the biennium beginning July 1, 2007, and ending June 30, 2009, and to provide authorization and conditions for the operation of those programs. Be it enacted by the General Assembly of the State of Ohio: [excerpt from full text of the bill]: Sec. 1533.18. http://www.legislature.state.oh.us/bills.cfm?ID=127_HB_67
 
Property – Something that is owned or possessed. Property may be real (land), personal, tangible (touchable), or intangible (such as the interest in a play or other creative work). – U.S. Treasury OTS (Office of Thrift Supervision, in charge of banks, savings and loan associations, etc.) http://www.ots.treas.gov/glossary/gloss-p.html
 
I expect you to keep my comments intact, complete with this date, June 23, 2009, and my name, Miss Julie Kay Smithson, and my address, 213 Thorn Locust Lane, London, Ohio 43140. You do NOT have permission to use the 'content analysis process' on my comments."
 
~~~~~ End of my comment.
 
The "National Animal Identification System," or "NAIS," is being touted as being the neatest thing since sliced bread. It is being marketed as a "disease traceback" tool, even though contamination can and usually does happen long after the animal leaves the farm or ranch. During this time -- while the animal is being transported, located at a feedlot, etc. -- the animal comes into contact with many other animals. Each animal likely left its home location in a healthy condition.
 
E. coli and other potentially toxic foodborne bacteria become dangerous at food PROCESSORS, not food PRODUCERS. Ground beef -- hamburger -- is a PROCESSED meat, and it is AT THE PROCESSORS that beef becomes contaminated and in need of stringent regulatory enforcement.
 
It is important that the public learn this fact.
 
The below "listening sessions" being held as facilitated meetings (not formal public hearings, which are recorded and afford concerned parties the ability to give testimony)
 
 
"NAIS - Feedback"
USDA is seeking to engage stakeholders and producers to hear not only their concerns about the National Animal Identification System, but also potential or feasible solutions to those concerns.  The information and ideas gathered will assist Secretary Vilsack in making decisions about the future direction of animal traceability in the United States.

Your views and input are important, and USDA looks forward to hearing from you.

Submit your comments and potential solutions

News and Information

May 28, 2009 Secretary Vilsack Announces Additional National Animal Identification System Listening Session Locationscontent-divider
May 11, 2009 Agriculture Secretary Vilsack Holds Listening Session in Fort Collins on National Animal Identification Systemcontent-divider
Apr 30, 2009 Secretary Vilsack Announces National Animal Identification System Listening Session Locationscontent-divider
Apr 15, 2009  Agriculture Secretary Vilsack Seeks Dialogue with Producers and Stakeholders on National Animal Identification System
• National Animal Identification System Roundtable Discussion Transcript

Listening Tour

A series of listening sessions throughout the country is scheduled.  Locations and other details will be posted once they are finalized..

Stakeholders may pre-register for a session here
 NAISSessions@aphis.usda.gov.

View Spring 2009 Listening Sessions Agenda
May 14 Harrisburg, PA
Pennsylvania Farm Show Complex and Expo Center
2300 N Cameron Street
Harrisburg, PA 17110
General Session - Banquet Hall
May 18 Pasco, WA
Trac Center
6600 Burden Blvd.
Pasco, WA 99301
Vineyard Room
May 20 Austin, TX
Embassy Suites Hotel Austin Central
5901 N IH-35
Austin, TX 78723
Ballrooms C, D, E
May 21 Birmingham, AL
Cahaba Grand Convention Center
3660 Grandview Parkway
Birmingham. AL 35243
Room G, H and I

- General Session Transcript
- Blue Breakout Session Transcript
- Red Breakout Session Transcript
- Yellow Breakout Session Transcript
May 22 Louisville, KY
Crowne Plaza, Louisville, Airport
830 Phillips Lane
Louisville, KY 40209
Taylor Whitley Room
May 27 Storrs, CT
University of Connecticut
Storrs Campus - Bishop Center
One Bishop Circle
Storrs, CT 06269
Room 7
June 1 Loveland, CO
The Ranch
Larimer County Fairgrounds and
Events Complex
5280 Arena Circle, Suite 100
Loveland, CO 80538
June 9 Truman Center
1510 Jefferson Street
Jefferson, Missouri 65109
 
June 11 Holiday Inn Rapid City, Rushmore Plaza
505 North Fifth Street
Rapid City, South Dakota 57709
June 16 Route 66 Casino & Conference Center
14500 Central Avenue, SW
Albuquerque, NM 87121
June 18 Mission Hotel
3649 Mission Inn Avenue
Riverside, CA 92501
June 25 Jane S. McKimmon Center
1101 Gorman Street
Raleigh, NC 27606
 
June 27 Hamilton County Extension
1143 NW US Hwy 41
Jasper, FL 32052
June 30 Embassy Suites Omaha - LaVista
12520 Westport Parkway
La Vista, NE 68128
 
 
A search at the U.S. Department of Agriculture's Animal and Plant Health Inspection Service (APHIS) Newsroom for "NAIS" yields 469 results:
 
 
Add the word "voluntary" to "NAIS" and there are 156 results:
 
 
Add the word "mandatory" to "voluntary" and "NAIS" and get 40 results:
 
 
Subtract the word "voluntary," searching for only "mandatory" and "NAIS" and receive 61 results:
 
 
 
This carefully researched information provided by Julie Kay Smithson propertyrights@earthlink.net Please visit http://www.propertyrightsresearch.org a place to learn about and protect your property rights. You are encouraged to share this widely.
 
(Permission to post from the author.)