Action Alert
August 23, 2007
Act Thursday, 8/23!
Prepare to testify or submit
written comments on proposed
Kentucky Animal ID regulations
The Kentucky Department of Agriculture has yet again proposed regulations to require certificates of veterinary inspection (CVI) for intrastate movements of all animals, including everything from private sales to trail rides. And since the CVI would require "official individual identification ... except where group/lot numbers are approved" and the "name and address of the owner/agent," the CVI requirements will effectively impose many of the NAIS requirements without calling it "NAIS." The land would not be labeled with a premises registration number in a federal database (for now), but people will still be subjected to significant burdens on their privacy, time, and finances.
TAKE ACTION: Contact the State Veterinarian's office TODAY, August 23, to tell them that you plan to attend the public hearing on the proposed regulations and speak. Phone 502-564-3956 or FAX 502-564-7852.
WHEN: The hearing will be on August 29, 2007 at 10 am EST
WHERE: Kentucky Department of Agriculture, Office of State Veterinarian, 100 Fair Oaks Lane, STE 252, Frankfort, Kentucky 40601
ALTERNATIVE ACTION: Submit written comments on the proposed regulations. The deadline for submitting comments is August 31, 2007. Send your comments to:
Robert Stout or Sue Billings
Kentucky Department of Agriculture
Office of State Veterinarian
100 Fair Oaks Lane, STE 252
Frankfort, Kentucky 40601
phone (502) 564-3956
fax (502) 564-7852
Below is a sample letter for written comments, followed by some talking points if you go to the hearing to give testimony. It's very important that you personalize your written comments! Use the sample as a starting point.
As always, you can send questions to noah@libertyark.net.
Read the proposed regulations at:
www.lrc.ky.gov/kar/302/020/010reg.htm
www.lrc.ky.gov/kar/302/020/020reg.htm
www.lrc.ky.gov/kar/302/020/030reg.htm
www.lrc.ky.gov/kar/302/020/065reg.htm
SAMPLE LETTER
Robert Stout and Sue Billings
Kentucky Department of Agriculture
Office of State Veterinarian
100 Fair Oaks Lane, STE 252
Frankfort, Kentucky 40601
RE: Proposed changes to Chapter 302 regulations
Dear Mr. Stout and Ms. Billings:
I strongly oppose the proposed regulations under 302 KAR 20:010, 020, 030, and 065. I am a ________ (farmer, pet owner, consumer - tell them just a little about yourself)
The proposed regulations would require a Certificate of Veterinary Inspection (CVI) "or appropriate permit for movement or exhibition of all animal(s)," with very limited exceptions for individual species. (Proposed 302 KAR 20:020(4)). Essentially any off-property activity would fall within the definition of movement or exhibition. "Exhibition" includes such things as fairs, rodeos, and even trail rides. (Proposed 302 KAR 20:010(22)). Movement is defined as "the act of moving, shipping, transporting, delivering, receiving or collecting animals by any means, method, or vehicle by any person for any purpose." (Proposed 302 KAR 20:010(36)).
These broad definitions mean that a person will have to get health papers simply to go on a trail ride with a friend, sell a lamb to a next-door-neighbor, or take a miniature horse to a charity event. The proposed regulations even apply to local cat and dog shows.
There have been no scientific studies conducted to show that requiring identification and certification for routine activities will provide significant animal health benefits. Many events that would fall within the definition of "exhibition" or "movement" are extremely low risk and do not warrant these requirements.
Moreover, the Department has not done an analysis of the costs of this program. When one considers the costs of identification devices, the labor of installing them, the paperwork burdens, and the costs of obtaining a veterinary certificate, it is clear that these proposed regulations will impose a severe burden on animal owners. The intrusive, burdensome, and costly nature of these regulations will drive many small farmers out of business and discourage people from owning animals as pets, particularly since the regulations also apply to cats and dogs. Animal-related businesses, such as feed and supply stores, will suffer, and the economic effects will be crippling and widespread.
The proposed regulations would also give the State Veterinarian the authority to enter "any farm" or "any other place where animals are handled" after simply notice, without a warrant, reasonable cause, or any protection for the person's property or privacy rights. (Proposed 302 KAR 20:030.) This proposed regulation greatly expands the scope and intrusiveness of the government bureaucracy into people's private lives and homes, without any solid evidence that such measures are needed to control animal disease in Kentucky. The probability that it will subject the state to lengthy constitutional challenges is great.
I urge the Department to reject these regulations and, instead, perform an analysis of disease-specific and species-specific systems that would provide cost-effective mechanisms for protecting animal health in this State, with the proper respect for people's privacy and property rights.
Sincerely,
Your name
Address
City, State, Zip
Email if you have it
Cc: State Representative ___________
State Senator _________ (your legislators)
NOTE: You can find out who your legislators are at www.lrc.ky.gov/whoswho/county.htm
TALKING POINTS FOR ORAL TESTIMONY
- The USDA has announced that the National Animal Identification System is voluntary at the federal level. There is no reason for Kentucky to move forward with the program on a mandatory basis, as is being proposed.
- The proposed regulation states that "a CVI or appropriate permit shall be required for movement or exhibition of all animal(s), except as specified in each species section." Proposed regulation 302 KAR 20:065 contains very few exceptions, and requires veterinary inspection for a wide range of routine, intrastate movements, including private sales and shows.
- Requiring veterinary inspections for routine movements and private sales imposes significant monetary and time burdens.
- There have been no scientific studies conducted to show that premises registration or this type of animal identification and tracking will provide significant animal health benefits.
- The Department has not done an analysis of the costs of this program.
- The costs, both in time and money, will be high.
- The intrusive, burdensome, and costly nature of these regulations will drive many small farmers out of business and discourage people from owning animals as pets. Livestock-related businesses, such as feed and supply stores, will suffer, and the economic effects will be widespread.
- The proposed 302 KAR 20:030 would give the State Veterinarian the authority to enter "any farm" or "any other place where livestock or poultry are handled" after simply notice, without a warrant, reasonable cause, or any protection for the person's property or privacy rights.
- There is no evidence that such measures are needed to control animal disease in Kentucky.