Federal Legislation on Animal Identification

Congressman Collin Peterson has introduced two bills regarding the National Animal Identification System.  The first bill, the National Farm Animal Identification Records Act (H.R. 1254), is identical to the legislation he introduced in the last Congress.  After introduction, this bill was referred to the House Agriculture Committee.  The bill directs the Secretary of Agriculture to establish a nationwide electronic livestock identification system that will enable the USDA to enhance the speed and accuracy of the response to livestock disease outbreaks.  The system would apply to “all livestock born in the United States or imported and cover the movement of livestock in both interstate commerce and intrastate commerce.”  Under the legislation, the system must be capable of tracing livestock from birth to slaughter within 48 hours of an outbreak. 

The bill includes specific language exempting the information obtained pursuant to the system from disclosure under the Freedom of Information Act (FOIA) and limits its release.  The bill provides that information obtained shall be considered “commercial information that is privileged and confidential” and not considered “information in the public domain.”

The information could be released by the Secretary only in the case of an animal disease outbreak.  Even then it may be released only if the information involves livestock threatened by disease, the release is related to actions under the system and the person obtaining the information needs it for public health and safety reasons pursuant to the NAIS.  Information may also be released to the owner of the livestock, to the Attorney General for law enforcement purposes, to the Secretary of Homeland Security for national security purposes, to a state court of competent jurisdiction and to a foreign government for tracing purposes.

The bill authorizes $175 million to set up the ID system and requires the Secretary to provide financial assistance to producers in complying with the requirements of the system, particularly smaller livestock producers, who are not to be placed at a financial disadvantage in complying with the requirements.

Congressman Peterson has also introduced a second bill (H.R. 1256) that simply provides protection from disclosure under the Freedom of Information Act of any information obtained through a livestock identification system developed by the Secretary of Agriculture.  The provisions in this bill are identical to the FOIA protections described above in the broader of the two bills introduced.  This bill was also referred to the House Agriculture Committee.