September 6, 2006

Dear Senator Talent:

First, thank you for taking this important step. As you may know, the Liberty Ark Coalition was organized specifically to fight the NAIS, and so we are acutely aware of the importance of making an assertive step to stop mandatory animal identification. We represent 72 organizations and over 1100 citizens in 50 states. This is a large constituency, considering how few Americans even Know about the NAIS. Your legislation will help bring the subject into the open.

We give you our support for opening the discussion and introducing this legislation. Our team has actually worked on model federal and state legislation to halt mandatory animal identification programs, and so we would like to work with you on this legislation as it goes forward. Once you have it introduced, and the committee is working on it, we recommend that the following issues be considered:

Defining Voluntary: As you know, USDA has "redefined" the meaning of voluntary. Our model legislation adds provisions ensuring that voluntary has its usual meaning. For instance, the current program leaves open the possibility that federal and state authorities could be allowed to coerce participation through revoking licenses or permits if agricultural service providers do business with people who aren't in an identification program.

Addressing Funding: Federal funding is fueling mandatory programs in the states, including Indiana, Wisconsin, and Michigan, especially. As your legislation now reads, it could be interpreted to allow federal funding of state mandatory programs, and allow "backdoor" creation of mandatory programs.

Premises Identification: The majority of people do not support premises identification. It would be advantageous to address this mandatory system, which has been created by fiat, with many people registered without their agreement.

Other Issues: There are other issues that may need to be addressed, among them, the nature of the FOIA provisions, the animal depopulation and seizure provisions (which are related to premises registration), epidemiological bases for an identification program's provisions, termination of cooperative agreements already in place between USDA and the states, and the future status of existing brand and other registries.

Again, thank you for this important step. We look forward to working with you.

The Liberty Ark Coalition