Groups ask USDA to wait on ID rule

The New Civil Liberties Alliance and the American Livestock Markets and Dealers Association, on Nov. 4, 2024, both asked the U.S. Department of Agriculture to delay implementation of the Animal Disease Traceability rule that requires breeding cattle and bison moving interstate, and bangs vaccinated heifers to be tagged with an electronically readable/radio frequency (RFID) button tag.

A third group, the Livestock Marketing Association, joined in on Nov. 8, 2024, to urge USDA to halt implementation of the rule.

“Livestock Marketing Association urges USDA to suspend enforcement of the electronic identification, or EID, rule immediately. The current state of tag availability in various states is setting this transition — and the livestock industry — up for failure,” said the LMA official news release.

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Joe Waln, co-owner of Martin Livestock LLC, Martin, South Dakota, said his veterinarian was unable to access the needed electronically readable/radio frequency (RFID) tags this week, giving him a scare.

Because Waln’s sale was held on Monday, Nov. 4, 2024, (one day before implementation of the USDA ADT rule) his veterinarian was able to use the metal clip tag for breeding cattle moving out of state.

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But Waln became concerned when, on Nov. 5 (the date of the implementation of the rule), his veterinarian was still unable to obtain the mandated RFID tags, and was told the free tags have all been spoken for. After multiple phone calls to USDA APHIS by both Waln and his Livestock Marketing Association representative, a USDA APHIS veterinarian eventually put RFID tags in the mail for his vet on Nov. 7. Waln still hadn’t received them when TSLN spoke to him on Nov. 7.

“It was a big surprise to me that we had to fight so hard to find some tags,” said Waln.

Waln was told the fine for shipping cattle without the official electronic identification tag could be as much as $250,000 per occurrence.

He said if his veterinarian isn’t able to access the proper tags and apply them in a timely fashion, it will create problems for his barn because Nebraska feedlot owners often buy some cull cows from his barn for feeding. “If I don’t get the tags, I’ll have to call my Nebraska buyers and tell them I won’t be able to ship them cattle. That not only hurts me because I lose the business, but it hurts the ranchers selling the cows here,” he said.

Waln said it isn’t uncommon for someone to buy heifer calves in his barn and ask the auction barn veterinarian to bangs vaccinate the calves. In that instance, RFID tags will also be needed.

The USDA rule isn’t necessary, in Waln’s way of thinking. The metal clip tags served the purpose for tracking interstate shipment of breeding cattle as well as bangs vaccinated females. He said if USDA is going to require RFID tags, it is USDA’s responsibility to get the tags to the auction barns.

“Why is it the salebarn’s responsibility or the vet’s responsibility to reach out to get these tags when it’s mandated by USDA?” he asks. “It costs people one way or another because it doesn’t improve the system we already have. So whether the taxpayer is paying for the tags, or the rancher, salebarn or veterinarian is paying for the tags, it’s an unnecessary expense.”

Crawford Livestock’s Richard Robertson believes the USDA rule is unnecessary, and that the agency is not adequately prepared to implement the rule.

 “The plan itself is government overreach. And the infrastructure isn’t there for tag distribution,” said the Nebraska auction barn owner.

Someone is going to make money off the plan, but not ranchers, he said. “The tags cost $2.25 to $2.95 and metal clips cost 17 cents and they do the same thing – it’s a profit stream for the tagging companies,” he said.

“And this thing is supposed to be fully funded. There isn’t supposed to be an expense to anyone, but they haven’t allocated enough resources to pay for it all. Fifteen million dollars doesn’t go very far when you’re talking about buying tags coast to coast, not to mention readers,” he said.

Crawford Livestock bought its own scanner, and has never been approached by USDA about being reimbursed or receiving a government – issued scanner.

He said he has just recently secured enough tags for his bred cow sale next week, but it took several phone calls. “You’d think every salebarn in the state would have tags by now, but I literally had to prompt them to get me tags,” he said.

He said typically about 10 percent of the cows that go through his ring are missing their bangs or metal clip tag, so they will now have to be replaced with an RFID tag

As of right now, Robertson isn’t concerned about the rule significantly slowing commerce at his barn, but he said if the rule expands to include more cattle, that will be a different story.

“They’ve been telling us this is the only rule coming and a lot of us in both livestock production and livestock marketing don’t believe it. That’s why we’re fighting so hard to stop it now, a more expansive rule is coming if we don’t take a stance,” he said.

Robertson said the Nebraska Livestock Marketing Association has supported Wyoming Congresswoman Harriet Hageman’s legislation to halt the USDA animal ID rule.

“I’m totally opposed to the rule. I haven’t talked to a single salebarn in Nebraska that’s in favor of it,” he said.

The NCLA had this to say: “The NCLA respectfully requests that if the USDA and APHIS do not postpone the effective date of the EID Final Rule that this request be construed as a petition to amend the EID Final Rule and delay the effective date of the rule for 180 days, until May 4, 2025.

The NCLA filed a lawsuit on behalf of R-CALF USA, the South Dakota Stockgrowers and three ranch families, alleging that the USDA Disease Traceability Rule is illegal and unnecessary.

The ALMDA said time is in short supply as livestock markets take in thousands of head of cattle, sell them, and ship them out within hours.

“The compressed timelines at livestock markets, in combination with limited labor availability, mean that markets cannot easily adapt to seemingly simple changes in processes. Changing tag reading and recording systems will slow the market’s processes. By slowing the speed of commerce, we expect to see incremental slowing of check-in lines, slower processing speeds, increased animal stress, and increased shrink in cattle which are weighed for sale.

“After surveying livestock markets, we know the average market requires a crew of 4.9 employees to apply and/or read EID tags. And, each employee is paid, on average, $21.94 per hour. This means that each hour spent applying and/or reading EID tags, beyond what is required for NUES tags today, will cost a market an average of $109.70 per hour in labor for cattle processing,” said the ALMDA in a September letter to USDA.

LMA policy opposes any move to mandatory individual identification of feeder cattle and demanding any mandate on currently covered animals be fully funded by USDA. This includes readers, infrastructure, tags, tag application, data collection and data management, said the LMA news release.

“Despite our extensive efforts in working with Congress, USDA and state veterinarians to ensure this program is handled effectively, major issues remain with the allocation and availability of USDA-provided EID tags needed to comply with the rule. Since this sets up an unfunded mandate on cattle producers, enforcement must be suspended,” said LMA.

R-CALF urges people to call USDA at 202-720-3631 and ask Secretary of Agriculture Tom Vilsack to delay implementation of the rule for 180 days.