Legal Defense Fund Moves to Stop Animal ID Program
From: http://www.ftcldf.org:80/press-15May2008.html
Legal Defense Fund Moves to Stop Animal ID Program;
Files Intent to Sue Letter with USDA and Michigan Department of Agriculture
Falls Church, Virginia, (May 15, 2008) -- Attorneys for the Farm-to-Consumer Legal Defense Fund today sent a Notice of Intent to Sue letter to the United States Department of Agriculture (USDA) and the Michigan Department of Agriculture (MDA) over implementation of the National Animal Identification System (NAIS), a plan to electronically track every livestock animal in the country.
The Notice asks the USDA and MDA to “immediately suspend the funding and implementation of NAIS,” and “fully and fairly examine” whether there is even a need for such a program.
Taaron Meikle, Fund president, said that contrary to USDA’s claim, NAIS will do nothing to protect the health of livestock and poultry. “At a time when food safety and costs are a concern, the USDA has spent over $118 million to promote a program that will burden everyone from pleasure horse owners to ranchers and small farmers to individuals who raise a few chickens or steers on their own land for their own use.”
Once fully implemented, the NAIS program would require every person who owns even one livestock or poultry animal (a single chicken or a pet pony) to register their property with the state and federal government, to tag each animal, and to report “events” to a database within 24 hours. Reportable events would include such things as a private sale, a state fair, or a horse show.
The Notice charges that USDA has never published rules regarding NAIS, in violation of the Federal Administrative Procedures Act; has never performed an Environmental Impact Statement or an Environmental Assessment as required by the National Environmental Policy Act; is in violation of the Regulatory Flexibility Act that requires them to analyze proposed rules for their impact on small entities and local governments; and violates religious freedoms guaranteed by the Religious Freedom Restoration Act.
“We also think there are constitutional issues at stake here,” Meikle noted. “The requirement to use electronic ear tags or RFID chips violates the religious beliefs of some farmers, such as the Amish, and provisions in a memorandum of understanding between the USDA and the MDA could violate the Fourth and Fifth Amendments to the Constitution by requiring the state to stop and inspect vehicles carrying livestock without a warrant or probable cause.”
The MDA has implemented the first two stages of NAIS –property registration and animal identification – for all cattle and farmers across the state as part of its mandatory bovine tuberculosis disease control program, which is mandated by a grant from the USDA.
“While touted as a disease control program, the NAIS will drive many small farmers out of business” Meikle noted, “and burden every person who owns even one horse, chicken, cow, goat, sheep, pig, llama, alpaca, or other livestock animal with expensive and intrusive government regulations.”
Joe Golimbieski, a farmer from Standish, Michigan and Fund member, explains: “The cost of the tags is just the start. We’re at the mercy of whatever price the stockyards charge to do the tagging. And our farm doesn’t have extra employees to deal with paperwork. NAIS is likely to put us out of business.”
Gary Cox, General Counsel for the Fund, states that “USDA and MDA have exceeded their authority and they have completely failed to follow the proper procedures. We are calling on the agencies to immediately halt implementation of the program or face appropriate action.”
About The Farm-to-Consumer Legal Defense Fund: The Fund’s mission is to defend the freedoms and to broaden the rights of sustainable farmers and their consumers to produce and consume local, nutrient-dense foods. Concerned citizens can support the Fund by joining at www.farmtoconsumer.org or by contacting the Fund at 703-208-FARM. The Fund’s sister organization, the Farm-to-Consumer Foundation (www.farmtoconsumerfoundation.org), works to support farmers engaged in sustainable farm stewardship and promote consumer access to local, nutrient-dense food.
Editor’s Note: The Notice of Intent to Sue the (USDA) and (MDA) is available at www.farmtoconsumer.org
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Contacts:
Taaron G. Meikle
President, Farm-to-Consumer Legal Defense Fund and Farm-to-Consumer Foundation
703-537-8372
tgmeikle@aol.com
Brian Cummings
Cummings & Company LLC
214-295-7463
brian@cummingspr.com
The Press Release
Excerpts from the Notice of Intent to Sue
Notice of Intent to Sue
To learn more about NAIS and our lawsuit, attend the teleseminar -
Stop NAIS NOW!
May 28, 2008
8:00 p.m. – 9:30 p.m.
$15/phone line
Click here to learn more.
Donate Now to help STOP NAIS.
Donate to the Fund, to defray the costs of legal, legislative and lobby actions: Donate online or download the Donation Form.
In making your donation it may be helpful to consider.
Donations to the Farm-to-Consumer Legal Defense Fund ARE NOT tax deductible, because the primary mission of the Fund is to effect change in legal, lobby and legislative arenas. The donations received are 100% usable by the Fund for the primary mission.
Donations to the Farm-to-Consumer Foundation ARE tax deductible, because the primary mission of the Foundation is to educate and provide memberships to those in need. The Foundation is restricted in the support it can provide the Fund. The Foundation has established special pages for contribution for the legal expenses in specific cases, such as the case to stop NAIS and the AB1735 lawsuit.
If you want to donate to the Foundation, go to click here.
ALERT: Genetically Engineered Candy for Mothers Day
This Mothers Day may be the last time you can buy mainstream candy for Mom on Mothers Day that isn't made from genetically engineered (GE) sugar. (scroll to the bottom of this page to take action)
Background Information: American Crystal, a large Wyoming-based sugar company and several other leading U.S. sugar providers have announced they will be sourcing their sugar from genetically engineered (GE) sugar beets beginning this year and arriving in stores in 2008. Like GE corn and GE soy, products containing GE sugar will not be labeled as such.
Since half of the granulated sugar in the U.S. comes from sugar beets, a move towards biotech beets marks a dramatic alteration of the U.S. food supply. These sugars, along with GE corn and soy, are found in many conventional food products, so consumers will be exposed to genetically engineered ingredients in just about every non-organic multiple-ingredient product they purchase.
The GE sugar beet is designed to withstand strong doses of Monsanto's controversial broad spectrum Roundup herbicide. Studies indicate farmers planting "Roundup Ready" corn and soy spray large amounts of the herbicide, contaminating both soil and water. Farmers planting GE sugar beets are told they may be able to apply the herbicide up to five times per year. Sugar beets are grown on 1.4 million acres by 12,000 farmers in the U.S. from Oregon to Minnesota.
Meanwhile candy companies like Hershey's are urging farmers not to plant GE sugar beets, noting that consumer surveys suggest resistance to the product. In addition the European Union has not approved GE sugar beets for human consumption
Go Here to send a letter!
Carcinogenic 1,4-Dioxane Found in Leading "Organic" Brand Personal Care Products
ANAHEIM, CA - A newly released study commissioned by the Organic Consumers Association (OCA), a watchdog group with over 500,000 members, and overseen by environmental health consumer advocate David Steinman (author of The Safe Shopper's Bible), analyzes leading "natural" and "organic" brand shampoos, body washes, lotions and other personal care products for the presence of the undisclosed carcinogenic contaminant 1,4-Dioxane. A reputable third-party laboratory known for rigorous testing and chain-of-custody protocols, performed all testing.
Ethoxylation, a cheap short-cut companies use to provide mildness to harsh ingredients, requires the use of the cancer-causing petrochemical Ethylene Oxide, which generates 1,4-Dioxane as a by-product. 1,4-Dioxane is considered a chemical "known to the State of California to cause cancer" under proposition 65, and has no place in "natural" or "organic" branded personal care products. 1,4-dioxane is also suspected as a kidney toxicant, neurotoxicant and respiratory toxicant, among others, according to the California EPA, and is a leading groundwater contaminant. Although previous studies have revealed 1,4-Dioxane is often present in conventional personal care products, this new study indicates the toxin is also present in leading "natural" and "organic" branded products, none of which are certified under the USDA National Organic Program. The products/brands tested are listed on the attached page with the level of 1,4-Dioxane detected, if any, along with ethoxylated ingredients listed on the label.
Some of the Leading Brands Found to Contain 1,4-Dioxane:
JASON Pure Natural & Organic
Giovanni Organic Cosmetics
Kiss My Face
Nature's Gate Organics.
View this page or download this leaflet for full listing.
Both the OCA and Steinman are calling for misleadingly labeled "Organic(s)" brands which include ethoxylate ingredients or otherwise utilize petrochemicals in their ingredients, to drop all organic claims from their branding and labeling. "The practice of ethoxylating ingredients or using other petroleum compounds must end for natural personal care, and is that much more outrageous in so-called 'organics' brand products," says Ronnie Cummins, Executive Director of the OCA. "At a time when our nation is dangerously dependent on foreign oil and attempting to wean itself off unnecessary dependence on petroleum-based ingredients in major consumer products for national security reasons, it is self-defeating that we are literally bathing ourselves and our children in toxic petroleum compounds," says Steinman. "But consumers should also take heart in the emergence of a growing number of companies who've received the message and who are seeking to completely avoid petrochemicals in their cosmetic and personal care products. Your best bet is to purchase products whose ingredients you can pronounce or better yet are certified under the USDA National Organic Program."
Brands Found not to Contain 1,4-Dioxane: All USDA Certified brands tested in this study were 1,4-Dioxane-free, including:
Dr. Bronner's
Sensibility Soaps (Nourish)
Terressentials
All German Natural "BDIH" Certified brands tested were found to be 1,4-Dioxane-free:
Aubrey Organics
Dr. Hauschka
View this page or download this leaflet for full listing.
A visit to any health food store unfortunately reveals the majority of products in the personal care section with "organic" brand claims are not USDA certified, and contain only cheap water extracts of organic herbs and maybe a few other token organic ingredients for organic veneer. The core of such products are composed of conventional synthetic cleansers and conditioning ingredients usually made in part with petrochemicals. According to market statistics, consumers are willing to pay significantly more for products branded "natural" or "organic" which they believe do not contain petrochemical-modified ingredients or toxic contaminants like 1,4-Dioxane.
To avoid 1,4-Dioxane, the OCA urges consumers to search ingredient lists for indications of ethoxylation including: "myreth," "oleth," "laureth," "ceteareth," any other "eth," "PEG," "polyethylene," "polyethylene glycol," "polyoxyethylene," or "oxynol," in ingredient names. In general, the OCA urges consumers to avoid products with unpronounceable ingredients. "When it comes to misbranding organic personal care products in the US, it's almost complete anarchy and buyer beware unless the product is certified under the USDA National Organic Program," says Cummins.
The study builds on the extensive survey conducted by Steinman for his book Safe Trip to Eden (Perseus Books 2007), in association with the Campaign for Safe Cosmetics, the Breast Cancer Fund and the Environmental Working Group, which found that many mainstream children's bubble bath and shampoo products contain dangerous amounts of this undisclosed carcinogen.
Further Resources:
OCA's "Coming Clean" Campaign: http://www.organicconsumers.org/bodycare/index.cfm
Campaign for Safe Cosmetics: www.safecosmetics.org
FDA: http://www.cfsan.fda.gov/~dms/cos-toc.html
Downloads:
Press Release in PDF format
1,4-Dioxane Alert with full product testing results (2-page PDF) - Test Results in HTML
1,4-Dioxane Fact Sheet (PDF)
Petition to Stop the Bogus "Organic" OASIS Standard (PDF)
