The U.S. Department of Agriculture (USDA) has announced its intention to abandon the National Animal Identification System (NAIS) and develop a “new, flexible framework for animal disease traceability,” citing public feedback and input from states, tribal nations, industry groups, and small and organic farmers. Created in 2004, NAIS aimed to register all domestic livestock in a national database to facilitate the response of state and federal officials during a disease outbreak. The system apparently drew criticism from many quarters that objected to both the cost and intrusiveness of the measure, which some felt would eventually become mandatory.

Unveiled at the National Association of State Departments of Agriculture (NASDA) Mid-Year Meeting, the new initiative outlines “the basic tenets of an improved animal disease traceability capability in the United States.” According to USDA, this framework will (i) “Only apply to animals moved in interstate commerce”; (ii) “Be administered by the States and Tribal Nations to provide more flexibility”; (iii) “Encourage the use of lower-cost technology”; and (iv) “Be implemented transparently through federal regulations and full rulemaking process.” The department has also described additional steps “to further strengthen protections against the entry and spread of disease,” including (i) “accelerating actions to lessen the risk from disease—such as tuberculosis—posed by imported animals”; (ii) “initiating and updating analyses on how animal diseases travel into the country”; (iii) “improving response capabilities”; and (iv) “focusing on greater collaboration and analyses with States and industry on potential disease risk overall.”

To these ends, USDA plans to convene a forum with animal health leaders, as well as revamp the Secretary’s Advisory Committee on Animal Health to address confidentiality and liability issues. “One of my main goals for this new approach is to build a collaborative process for shaping and implementing our framework for animal disease traceability,” stated USDA Secretary Tom Vilsack in a February 5, 2010, news release. See The New York Times, February 5, 2010.

About The Author

For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

Close